The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-03-26
THE ELKINS LAW AND THE COMMISSION.

The Globe-Democrat has special dispatch from
washington giving replies by the Interstate Commerce
Cr,rseion IN ouestions from of the best known
traffic mon in the west" to number of questions bear
ing on the effect of the Elkns law which passed
congress- last month The commission also gives sum
mary Of this important law which in its revised form was
agreed upon by prominent shippers and railroad man
ayers before being introduced by Ekins and is
expected to prove effective in abolishing rebates
favored shippers and other sources of friction between
the transportation lines and their patrons The gst OF
the law as stated by the commission is contained in six
propositions:
l. The carrier is made criminally liable IN all cases
where the individual has been heretofore
9 Wful failure to publish tariffs as required pg
law or 10 observe such tariffs is made msdemeanor
punishable by fine of not less than SlOOo nor more lna
$4,000 for each ohense.
3 To offer grant or give, to solicit accept or
receive any rebate concession or discrimination III Le
spect to the transportation OF any properly whereby any
such property SHALL by any device whatever be trans
ported at less than that named in the tarhs pup
shed and filed by such carriers is made an onense pun
ishable by like fine as above. ~
4 Punishment by imprisonment is repealed in all
cases.
5 In proceedings before the commission, or before
the courts shippers well carriers may be included
as parties. -. - .. ..
fere by summary process prevent departures from the
published rates other determinations torpldden OE
law.
Shippers will interested to read the carefully pre-
pared replies which the commission makes to the
special questions of the traffic writing to it.
/ We are of the opinion that free reduced trans
rortaon given ION account shippers business or to
influence business which is the same thing would
be rebate, concession or discrimination under the
Elkins bill
It would be a violation of the law TO perform the
shippers drayage without providing for in the tariffs
or to perform it for and not for another.
8 is not believed that the payment of reasonable
commission soliciting freghts for sale OF tickets
held be rebate, if the transaction is an hon
est one
s. It is difficult how the practice of charging
lower rates to who establishing industries
than are charged the time to shippers of the
same articles the points be expected
from operations and obligations Of the law. however
unobjectOnabe such practice may be from railroad
and general economic standpoint
6 We prefer not express opinion at this time
whether railroads lawfully transport supplies
for each other at reduced rates
= The rendering Of storage service without publica
ton rendering Of il to shipper and not TO an
other would be in plain violation Of the Elkin
law.
5 The first section of the Ekins bill appears to refe
exclusively the transportation of property The third
section investing the circuit with additional juris
diction, covers both property and passengers
The Topeka CAPITAL adds that "one of the importan
effects Of the repeal Of the provision Of the law prescrb
ing Imprisonment penalty upon any officer of rail
road it is believed will he that now that the com
panies are fined and not individual officers Furnishes
traffic men will give evidence against competing lines
good deal of hope is expressed by railroad men tha
sy virtue OF the law rate cutting can largely b
prevented II secret rates rebates and favored a.
engagements to the advantage Of one competitor owe
others can prevented the Law will be the mos
effective ever enacted against the aggrandizement c
trusts"