Show INVOLVES FINE call the contentions made on behalf of tho chicago packers in tho government prosecutions for accept ing rebates will it successfully maintained break down the elkins law and incidentally will wipe out the fine imposed on tho standard oil company briefly ane points are that a contract fiade before a rate Is raised Is valid and secondly that a shipper can not bo fined where there haa been no secrecy about his dealings with the railroad the first point lets out both railroads and shippers and the second virtually releases the shippers from the operation of the law against rebates with regard to the first point attorney general bona parice s brief contains the following passage if such contract acro to be held valid and binding after the rate was advanced then by collusion making a contract between aj allread company and a favored shipper and the subsequent raising of a rate to other shippers would accomplish discrimination and defeat the purposes of tho enactment there would bo little left of the law against discrimination it these provisions could bb so easily evaded because manifestly this doctrine would apply as well to the ordinary interstate commerce as to tho export trade in fact to every form of commerce subject to law the same point was raised in the standard oil cases and drew from judge landig the remark that respecting spec ting the defendants alleged natural right to make a private contract for a secret railroad rate candor obliges the court to say that he knows nothing to support the proposition but the eminence of counsel who advanced it this bitter sarcasm did not apparently kill the argument and it bob sup again before the supreme court and so importance is attached to the case that the attorney general got permission to present his aldo by three special counsel including himself it is a rare thing for for the supreme court to grant suet latitude but this Is a case that virtually involves the life of tho most important legislation passed oy con gross for years |