The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-02-13
HOUSE COMMITTEE
FAVORS REBATE
LAW
Elkins Bill as Originally Pre-
scented Approved but Sen
ate Amendment of Proyis-
ion Giving Attorney Gen
eral Authority to Direct
Prosecutions Is Cut Out.

WASHINGTON, D. c., Feb. 12.-The
report on the Elkins rebate bill, order
ed favorably reported by the house
committee on interstate commerce
yesterday, was filed in the house to-
day by Mr.. Mann. of Illinois.
In extensive hearings before your
committee upon the general subject of
proposed amendments to the inter
state commerce." the report cites, "it
was strongly urged by the members of
the interstate commerce commission
that the provisions of existing law
providing for punishment of the Off
GERS and agents of railroads but not for
punishment of the railroad itself, pre-
vented the enforcement of the law for
bidding rebates and Determinations.
The experience of the interstate COM
merce commission has been that it is
impossible to obtain proof of the grant
ing of rebate by the officer of a rail-
read to some favored shipper unless
the officer himself gives the evidence,
in which case he is free from prosecu-
ton.
Failure of Present Law.
1.-THE existing law prohibits rebates
and determinations, but does not pre-
vent the cutting of published rates un-
less discrimination is shown. In most
cases it is practically impossible to
show the discrimination. In the in
vestigation made by the interstate
commerce commission respecting rates
on dressed meats and packing house
products from Kansas City to Chi
cago, it was finally developed that for
many years the railroads had habit
Ually and continuously disregarded
their published tariffs and carried such
products below the published tariffs
to an amount so great that the differ
ence between the published rate and
the actual rate amounted to millions
of dollars year, and it was the unan-
imouS testimony that all the shippers
who were interested in those rates got
practically the same rate. There was,
therefore, no determinations between
the shippers and no shipper was liable
to prosecution for obtaining a rate
which Disseminated in his favor. But
the effect of such secret cutting of
rates is to place in the hands of a
small aggregation of shippers the alb
solute control of the business because
no person can afford to enter into COM
petition, who does not receive the cut
rates and no person is in a position to
demand or receive such cut rates until
after he shall have become established
in business and have an extensive bust
ness behind him.
Proposed Law to Be Effective.
1.-The first and second propositions
practically exhaust the power Of leg
islation to prevent rebates and dis
ordinations through criminal prose-
cutions. We conceive it to be the de-
sire of congress to absolutely prevent,
if possible, the granting of discrimina-
tons in the way of railroad rates to
favored shippers. This is by many
claimed to be the greatest abuse of the
cay. But we all know that the of
ficers of the railroads, who grant re-
bates, and the officers of the private
corporations who solicit and accept
them, are men of high standing in their
respective communities and that it is
q very difficult matter to obtain evil
dence sufficient to indict them, and stin
more difficult TO obtain judges and
juries who will convict them.
Your committee believes that the
4NSAoloNAOIl pIOpOS6Q by the EIk1nS Dill.
together with the present interstate
commerce law, covers about all the
ways that thought or language can de-
wise or describe to prevent the grant
ing of determinations in favor of one
shipper as against another on the
oulldlng Of one concern through the
1aYoritIsm of railroad corporations"
In addition to the amendments here
tofore published the house committee
restores the words: whenever the
attorney general shall direct. either of
MS motion or upon the request of the
interstate commerce commission"
which appeared in the original draft
OF the bill and was eliminated by the
senate.
Minority Acquiescent.
The six minority members of the
committee on interstate and foreign
commerce, Representatives ShackIe-
ford, Davey, Adamson. Ryan. Davis
and Richardson (Ala.), also filed their
views. They say they do not oppose
the bill as reported and that it viii
not afford much relief, but add the lit
Tie good 1t does the people should have.
They add: THE bill reported now
IS not nearly SO far reaching and rad
zeal as the Littlefeld BILL which a few
days ago passed this house on a roll
by a unanimous vote. In debate on
the L1ttlefeld bill it was freely pre-
dlcted that it would never become a
law and it was openly charged that
It's passage in this house was merely
Tor the sinister purpose of beguiline.
ana deluding the people into the be-
!let that the dominant party was will
ing to enact legislation limiting the
evils of monopoly. Since the passage
OF the bill the public press from dav
TO day has teemed with uncontradict-
ed announcements that the Littlefield
Dill is TO be thrust aside and the Elk
ms bill and the Nelson publicity
amendment substituted therefore. but
mat no other or further antitrust leg
lsIauon IS to be enacted. Such a course
would be to jest with the country ,1non
the most solemn question of the dav
and TO trif1e with the most serious in
terests of the people. If the Little
held bill was meritorious when If mass
ed this house few days ago. it is now
1t does not in any manner conflict
with the provisions of the Elkins hill
reported from this committee
The minority proposes that the hill
De amended by adding the princina1
features of the Littlefield bill.
W. r. Martin Transferred.
Ell PASO, Tex. Feb. I2.-W. r. Mar
TN, division superintendent of the South
efn Pacific. has been appointed general