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• Erstellungsdatum 4. April 2022
• Zuletzt aktualisiert 4. April 2022

Standard Oil Prosecution

The prosecution of the Standard Oil Co. for violation of the Elkins Act has resulted so far in the overruling by the United States District Court for the North-
ern District of Illinois of the demurrers interposed by the defendant, inasmuch as the new rate law expressly repeals all laws in conflict with its provisions with the proviso that it shall not affect cases now pending in the courts of the United States. The Oil Company sought to escape prosecution for penalties incurred under the Elkins Law. Indictments were found subsequent to the enactment and approval the new rate law. The revised Statutes provide that the repeal any statute shall not have the effect to release any penalty, forfeiture or liability incurred under such statute unless the repealing act expressly so provides. Judge Landis holds that the repeal of parts of the Elkins Law conflicting with the new rate law did not extinguish penalties previously incurred under the former law. The contention that the section of the Revised Statutes referred to above was an unwarranted interference with the authority of succeeding congresses is dismissed by the court, as is also the contention that the saving clause of the rate bill refers only to causes now pending