The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-24

ayers who desire to observe them can do so
without risk of sacrificing their property.
FRAUGHT WITH DANGER.
But we also believe that the application
of this remedy is fraught with certain dan
gers and that it should not be applied un-
less the public is fully protected against
those consequences, and that the public, as
well as the railways. and even more than
the railways, requires at the present time
adequate protection: that in view of those
great combina tions which have been formed
and are now forming, by which railway
competition. which, upon the present theory
of this law is greatly relied upon to Sc
cure Just and reasonable rates and facili-
ties. will be largely eliminated, some meth
cd should be provided oy winch the gov
eminent can exercise in fact that control
over railway rates and operations which
courts without number have asserted that
il possesses and which many persons sup
pose that IL now exerts. All this has been
said in previous reports, and nothing could
be added by repetition Of il here. The
commission believes to-day. as it has in
the past, that this whole law should be
revised upon some correct theory and some
workable basis.
1T is possible, however, that the same
causes which have prevented serious con-
sideration of this subject in the past may
continue to operate in the future In that
event. in view of the gross violations of
the statute herein referred to- we would
this law in it's more essential features il
ought at least to be possible to deal with
intended to prevent practices of this
character If these practices are right
and necessary they ought not be unlawful;
IL wrong they should be stopped.
while IL undoubtedly the intent of
the tenth section of the act TO impose a
penalty upon the corporation itself. under
been judicially determined that the cor
poration is not liable. The agent alone can
be punished. Now. the object Of rate-cut-
ting is to get business and make money.
and the corporation, If any one, profits by
the illegal act. It is the real offender and
ought certainly TO pay the penalty as well
as its officer. IL is anomalous and unjust
that the representative employe only
should be liable TO prosecution, while the
real offender the corporation, the principal
and beneficiary in the transaction, is not.
II every illegal act of that character sub
jected the carrier 10 a substantial forfeit
ure. so that the money result OF the trans
action was likely to be the other way, the
inducement TO commit such offenses would
be greatly diminished.
THE TENTH SECTION.
''The act requires carriers to publish in
terstate rates and to adhere to such pub
lished tariffs. But the tenth section. as
construed by the courts, does not punish
otherwise than by a possibly nominal fine.
departure from the published tariff. un-
less there is actual discrimna ton between
shippers. To convict for paying a rebate
1t is necessary to show not merely
that the railway company paid a re-
bate 10 a particular shipper, but 1t
must also be shown that ii did not
pay the same rebate TO some other
shipper with respect TO the same kind of
traffic moving at the same time under sim
liar conditions. As a practical matter this
Is almost always impossible. For this
reason prosecutions otherwise sustainable
can rarely be successful; and this is par
ucularly the case where there is ex-
tensive decentralization of rates. and con-
sequently the greatest need for the appii-
cation OF criminal remedies. Departure
from the published rate is the thing which
can be shown and the thing which should
be visited with fitting punishment
The criminal provisions OF the law
/ should be further and generally amended
I with the view of removing their ambig-
4 uities and giving to those provisions the
strength and enforcibility which comes
/ from definiteness of statement
THE twentieth section should be amend
/ ed so TO open the books of the carriers
/ 10 the inspection of the commission or its
/ agents. Such publicity would be OF the
/ greatest service In exposing and punish
: ing illegal practices of this kind. and it
/ Is difficult to see any good reason why this
/ ought not TO be permitted, provided proper
restrictions are put upon the use TO be
/ made of knowledge thus obtained
These amendments would not afford any
/ satisfactory system for the regulation of
1 Interstate railways. but they probably
would would stop such gross infra ctions
| of law now frequently occur.
/ I'VE wish to still further suggest that IL
/ the powers OF this commission are not to
CONTINUED ON PAGE g. COL. A.