The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-02-17
REPORT ON ELkINs Hill.
Committee Give Results Of Exten.tx~
Hearings IN Subjects OF Rebates
and Determinations.

Washington, February 12.-The re-
port Of the Elkins rebate bill, ordered
~favorably reported by the house COM
mittee on interstate commerce yester-
day. was filed in the house today by Mr..
Mann, of Illinois.
In extensive hearings before your
committee upon the general subject OF
proposed amendments to the inter-
state commerce law" the report ~recites.
Of the Interstate commerce commits
sion that the provision of existing law
providing for punishment of the rail-
road itself, prevented the enforcement
of the law forbidding rebates and dis
ordinations. The experience of the
interstate m commission has
beer that it is impossible to obtain
proof Of the granting of a rebate by the
officer of a railroad to some favored
shipper unless he officer himself gives
the evidence, in which case he is free
from prosecution"
Continuing the report says: 1.-THE
existing law prohibits rebates and dis
ordinations. but does not prevent the
cutting of the published rates unless
discrimination is shown. In most cases
it Is practically impossible to show the
discrimination. In the investigation
made by the interstate commerce COM
mission, respecting rates on dressed
beef and packing house products from
Kansas City and Chicago it was final
ty discovered that for years the rail-
roads have constantly and habitualy
~disregarded their published tariffs and
had carried such products at rates be-
low the published rate and the actual
rate, amounting to millions of dollars
a year; and it was the unanimous tes-
timony that all the shippers who were
interested in these rates got practically
the same rate. There was, therefore,
no discrimination between the shippers
and no shipper was liable to prosecution
for obtaining a rate which discriminate
ed in his favor. But the effect Of such
a secret cutting of rates is TO place in
the hands Of a small aggregation of
shippers, the absolute control of the
business, because no person can afford
TO enter into competition 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 be-
come established in business and have
an extensive business behind him."
After reviewing the provisions of the
bill the report says:
The first and second provisions prac-
tically exhaust the power Of legislation
to prevent rebates and determinations
through criminal prosecutions. We
conceive it to be the desire Of ngres
to absolutely prevent, if possible, the
granting OF determinations in the way
of railroad rates to favored shippers.
This is by mar claimed to be the
greatest abuse of the day. But we all
know that the officers Of the railroads
who grant rebates, 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 a very difficult matter to OBJ
tain evidence sufficient to indict them,
and still more difficult to obtain judges
and juries who will convict them.
The six minority members of the COM
mittee on Interstate and foreign COM
merce, Representatives Shackelford,
Davey, Armson, Ryan, Davis and Rich
ardson, of Alabama, also filed their
views. After saying that they do not
oppose the bill as reported, and that it
will not afford much relief they add
that the little of good that it does con-
tain. the people should have.
Continuing they say: THE bill now
reported is not nearly so far reaching
II remedial as the Littlefield bill,
which a few days ago passed this house
or a roll call by unanimous vote. In
debate on the Littlef1eld bill, it was
freely predicted that it would never
become a law, and it was openly charg-
ed that its passage in this house was
merely for the sinister purpose of be-
quilting n deluding the people into
the belief that the dominant party was
willing to enact legislation limiting the
evils Of monopoly. Since the passage
of the bill, the public press from day
today has teemed with uncontradicted
announcements that the Littlefield bill
Is to be thrust aside and the Elkins bill
and the Nelson publicity amendment
substituted therefor, and tha no 9TH
er or further antitrust legislation is
to be enacted. Such a course would be
to jest with the country upon the most
solemn question of the day. and to
trifle with the most serious interests
OF the people. If the Littlefield bill was
meritorious when 1t passed this house
a few days ago. it Is meritorious now.
1t does not in n manner conflict with
the provisions of the Elklns bill now
: reported from this committee"
The minority proposes that the bill
be amended by adding the principal
feature Of the Littleield bill.