The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-03
Itself to Blame for Rate Cutting, Ac-
cording to the First Vice Presi-
dent of the l.. & n. Road.
APPEAL FOR MORE AUTHORITY
SAID TO BE UNWARRANTED AND
BASED ON FALSE PREMISES.
Commission Accused OF Sull<ing for
Years and Also Attempting to Gre
ate a Wrong Impression.

LOUISVILLE, Ky, Feb. 2-That the
Interstate-commerce Commission is itself
TO blame for the rate cutting which it con-
demns i'm its last annual report is the
claim made by Walker d. Hines, first vice
president of the Louisville & Nashville
Railroad Company. in a pamphlet which
he has just issued. His contention is in
substance as follows:
THE commission endeavors, as it has
done for years. to excite support for its
demand for more power by describing the
prevalence of secret rate cutting. 1t held
new Investigations at Chicago and Kansas
City TO disclose conditions which it has
known for years. delaying the publication
of it's report so as to give the results of
these hearings.
THE indisputable fact must be kept be-
fore the pubic that the prevalence of rate
cutting is an unanswerable argument
against giving the commission more power.
because it is due principally to the COM
missions utter failure to perform its man.
ifest duty
"The paramount purpose Of the law was
to secure publicity and the maintenance of
tariff rates. 1t is the express duty of the
commission to keep advised and enforce
the law. 1t has the widest possible powers
of investigation, including the right to call
for the production of all books, documents
and papers, and il require the dis
trict attorneys of the United States to
prosecute all violators. These powers have
been upheld by the courts. The commits
sion, however, has nCV only failed TO de-
vote its time and energy to discovering
and prosecuting violations If the law, but
has by it's supineness acquiesced in and
encouraged them and has done all in its
power 10 break down the force of the act
proclaiming that the courts have made its
enforcement impossible Whereas, not a
single decision has impaired the commits
sion's power to prevent rate cutting.
"As an illustration of it's methods. it
states in its last annual report that the
courts have held that, to convict for pay
ing a rebate Ii is necessary to show not
merely that the railroad company paid a
rebate to a particular shipper but it must
also be shown that il did not pay the same
rebate to some other shipper. which, as a
practical matter, is almost impossible.
This statement is not true. The very de-
cisiOn referred to distinctly holds that the
mere fact OF paving rebate from the
tariff rate is in itself an offense, regard
less of what paid by anyone else. and
the act makes this offense punishable by
fine which may be as much as 5000.
THE commission seems to have made
Investigations upon the subject. not to
enforce the act. but simply to advertise
it's contention that the act is not enforce
able. Moreover no part of the new power
now asked by the commission would have
the remotest tendency TO prevent this rate
cutting. and this report shows that this
is now the evil 10 be contended with.
Il make attempt to excuse the rail-
roads for violating the law. but I insist
that the commissions attitude is inexcus-
able. Offended because the courts over
ruled its erroneous assumptions of power
in other directions. II has been sulking for
years-trying 10 create the false impress
sion that the act is worthless and seeking
to use the rate cutting which ii could and
ought 10 have prevented as a basis for
demanding radical powers which would
in no way tend TO correct it