The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-06
THE RAILWAYS AND THE LAW.
There Are Numberless Violations of the In
terstate Act---Innocence of the Officials.

Special to the indianapolis Journaz.
New York, Feb 5.-The large number of
complaints made by shippers to the interstate
commerce commissioners indicate that viola
tions of the law not az all scarce. In fact
many railroad men are frank enough to admit
that the law is not observed strictly. Your cor
respondent called at the headquarters of the
general ticket agents and discussed the present
condition of the law with Charles F. Allen, the
secretary He smiled broadly when asked
whether it was not a fact that the law was fire.
quently violated.
We'll, really row." he said. ''this is not the
place to come for information on such a point.
You ought to ask the shippers. They are the
persons, if any, who are liable to tell you about
violations of the law. You see the law is not
very well understood yet, and railroad might
violate it without exactly knowing it" There
was Just suggestion of a wink in his eye as he
uttered the last sentence, and the quizzicaf ex-
preston on his face did not change for a, moment
all the time he was talking
ssYou admit. then. that the law is violatedP
] asked.
"Oh, no. he replied. quickly; ST can't admit
anything. The official record shows that the
commissioners have received more complaints
than they can possibly examine into. but q COM
plant may not always be sustained by the
facts"
What are the complaints2"
sThe majority are made by shippers who al
lege that the railroads have unlawfully discrim-
mated against them or in favor Of some compet-
itor They come from all parts of the country,
and if the present ratio is continued the commits
sionsrs will not be able to try them all if they
live to be old Metbuselah. l really don't
what they are going to do. :.
''Is it possible that the railroads have hand
in this and are trying pile up the cases, under
the belief that they can never be triedf' in
quired
..Oh, heavens, mol" was the reply. 1.-THE pen
atty against each individual official is too severe
for any such plan that to work. / am merely
relating the fact. and have knowledge as to
the cause. / believe it to be due to the misap-
prebenslon that exists as to the various pro-
visions of the law. Everybody seems to oe in
doubt as to what they actually mean. and a
great deal of confusion naturally results. l
think that, instead of desiring to violate the
law, the railroads desirous of 80 thoroughly
enforcing the obnoxious provisions as to make
widespread demand for their repeal"
THAT may be the position taken by the larger
and far seeing railroads, but is it fact tn at
many, not willing able TO lose the profits of
the present, are secretly getting around the
laws
''Oh, you m ust not ask me that. Officially, I,
of course, saw no to it. The parties to any
bargains looking to violating the law are not
likely to boast of them, either, and only such
likely to make an outcry. They are the per-
sons from whom the present complaints come
'How about the dealings OF the railroads
with theatrical compSnlesP
81 don't think the law violated for them.
haven't heard that it Now, in this talk
about Barnum. who threatens to leave the coun-
try unless he gets better rates, don't see how
he expect To do anything. IL ho was accom-
modated the other circuses would complain"
..But. as you say. neither he nor the railroads
are going TO publish a violation of the law"
Eyes. that's trus; but his competitors would
watch him very closely, and it might leak out
It would be difficult to avoid that"
us it lot possible that the law might be over
looked for the benefit of all2 Then nobody could
complain All y.a but Barnum wouldn't be satisfied
AS the INQUIRER was leaving the office bluff
old railroad man said to him, II suppose you
didn't get the information you want 1 am sorry,
but it won't do for US to talk too much on that
subject"
A we'll known railroad expert, who is not in
terested in keeping quiet, declares that not one
qnarter of the real violations are brought to the
no tice of the commissioners. Only such cases
will require lengthy examinations, and in
which the offenss may be by the general doubt
as to the meaning of the provisions alleged to
be violated are made public.
"Of course, sometimes the complaints are
genuine" he said, but those are not sanctioned
by the railroads The latter trying to pro-
vide SO many technical complaints that the
commissioners will not have time to examine
into the real violations. The same policy Is be-
ing pursued as was adopted several years ago by
the liquor dealers of New York. The violations
of the excise law were frequent that it was
impossible to try them. The offenders gave
bail, and stood nine chances out of ten of never
being summoned to appear for trial. The result
of the plan in tbis instance will be that the law
will either remain dead letter, there will
have to be a number of branch commissions all
over the country to deal with offenses soon as
they come up. They must not be allowed to ac-
cumulate if the law is to be enforced"
The majority of railroad officials deny that
there any violations except those that have
come before the commissioners Railway Com
missioner Finks recent statement to the inter-
state-commerce commissioners is said by them
to contain the facts. He, while maintaining
that the law is bad, asserted that it was being
generslly observed.