The Montgomery advertiser., 1903-03-29
published rates or other "discriminations forbidden by law"
 Power to Enforce Law.

published rates or other 'discriminations forbidden by law"
 Power to Enforce Law.
 Broadly speaking as it seems to the Commission. there is no material change in the acts CT things prohibited and de- clared fo be unia wfhl. The criminal rem edies for illegal conduct are changed and the criminal provisions of the law made more definite and positive. It Is believed that these provisions can now be enforced as they could not before. '-
 Taking up the specific questions in your letters we answer them as follows:
 First-We are of the opinion that free or reduced transportation given ''on ac- count of shippers business, or to in- fiuenee that business, which is the same thfngy would be q rebate, concession or discrhnina tfon under the Elkins bill. Any concessions of that kind to be legal | should be specific in the tariff and grant ed alike to all shippers. l. The granting of free transportation to shippers Is often a serious discrimination. Fhe ~only way to deal with it effectively | IS to stop it altogether and since thts law furnishes possible means of doing so' LIS enforcement should be the aim of tne carriers as we'll as the eommission's E. E 1wssoTThs subject of drayage has been discussed by the commission ana tha courts. The fair import of thoae discus slons apRears to bs that. this service ia | connected with The Transportation, and that the charges therefore should he stated in the published tarfffs. This be ing so, it would he a violation of the law to perform the service of drayaEe with out providing for 1t in the tariffs, or to perform it for one and not for another, | Third-It Is not believed that the pay- ment of reasonable commission for e trf faA l. Al
 can be held to be rebate if the trans action is an honest one If the commits Apns are paid with the intent or the ex- Ieeta ton that they will be used, or if they are used for the purpose or with the | effect of granting a concession, the pay- rtent of such a commission would doubt less'be held and ought to be held a viola tion of the law
 | Fourth-The commission has held that the present statute requires the publica- 1 ton of export and import tariffs The 1 Elkins bill does not apparently change | the requirements of the law in this respect but it does afford the means for enforcing those requirements
 No Favors for Industries. | ,Fifth-It is difficult to see how the l practice of charging lower rates to those | who are charged at the same time to | shippers of the same articles between | the same points car be excepted from | the operations and obligations of the law, however unobjectionable such a practice may be from a railroad and gen ! eral economic standpoint.
 Sixth-We prefer not to express an l opinion at this time as to whether rail- roads may lawfully transport supplies for | each other at reduced rates.
 Seventh--The commission has held that | the storage is a part of the service of | transportation which the carrier per- | forms. and that the charges for that ser | vice should be published in the tariffs | The rendering of this service without 1 such publication. or the rendering of it to one shipper and not to another, would ! seem to be in plain violation of the l EllIins law.
 Eighth-Generally speaking the divis- 1 ions of a reasonable rate between con- meeting carriers is a matter of indiffer- ence to the public. If however. an allow ance is made to a private road for only nominal service 1t would be concession or discrmina tton." The question would seem to be in each case whether the ar rangement was reasonable and free from discriminating design or effect.
 Ninth-The first section of the Elkins bill appears to refer exclusively to the
 transportation of property. The third l Se.tlpll, investing tHe Circuit courts with
 additional Jurisdiction, covers both prop
 erty and passengers.
 You will understand that the foregoing
 are in the nature of first impressions, and that the commission would not feel pre-
 cluded by anything herein said from
 modifying the views above expressed in
 deciding an actual controversy after hear
 ing both aides.
 The commission appreciates the dif1-
 c1ilty of applying the hard and fast rules
 of statute to unlike and changing condi-
 tions, and is not infrequently embarrass-
 ed by the want of discretionary authori- | ty. We believe that these recent amend
 ments will prove highly efficient in their operation. because we are confident that | the law in its present form will be sup
 ported by prevailing railroad sentiment, and that in the efforts to enforce It the
 commission will have the cooperation of railway managers generally.
 l Tuscumbia Grocers Organize.