Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-03-26


left to the weaker lines that resort to
this eXpedient. Throwing party rates
open to everybody is the first gun, the
weak lines mean to discharge, and it
is a decidedly a serious proposition to
their strong competitors.
Elklns' Law Defined.
Upon the request of one of the best
known traffic men in the west the in
terstate commerce commission has
consented to give full Interpretation
of the Elkins law and to answer some
vital questions regarding specific cas-
eS.
The reply of the commission states
that that body is reluctant to answer
hypothetical questions, and to give ex
parte opinions as to the meaning and
application of laws, but that the pres
ent case is one in which the traffic
men should be well informed. The
commissions reply which follows, was
sent to the Chicagoan making the in
quiry and it is said to be receiving
| wide private circulation in that city.
j.. The carrier is made criminally Ii
able in all cases where the individual
has been heretofore
| 2. Willful failure to publish tariffs
as required by law, or to observe such
! tariffs, is made misdemeanor, pun
| lshable by fine of not less than ST.
/ 600 nor more than $4,000 for each Of
| Tense.
Bar to Discrimination.
3. ITO offer, grant. or give, or to
solicit, accept or receive any rebate.
concession, or discrimination in re-
spect OF the transportation of any
property whereby any such
property shall, by any device what.
ever, be transported at less rate
than that named in the tariffs publish.
ed and filed by such carrier is made
an offense, punishable by like fine as
above.
It will be observed that the word
discrimination" is used in the para
graph quoted, and this may add some
| thing to the former law. 1t will be
further observed that the paragraph
quoted applies solely to the transpor-
tation of property.
4. Punishment by Imprisonment is
repealed in all cases.
5. In proceedings before the com.
mission, or before the courts, shippers
as we'll as carriers may be included as
] parties.
/ 6. The federal circuit courts are
! given power to interfere by summary
process to prevent departures from the
/ published rates or other "discrimina.
/ tions forbidden by law"
Broadly speaking, as it seems to
/ the commission, there is no material
change in the acts or things prohibit.
| ed and declared to be unlawful The
criminal remedies for illegal conduct
are changed and the criminal provi.
sions of the laws made more definite
and positive. 1t is believed that these
| provisions CAIN now be enforced as
they could not before.
Taking up the specific questions in
i your letters we answer them as fol.
4 lows:
1. We are of the opinion that free
or reduced transportation given 'on
account of" shippers business, or to
i influence that business, which is the
same thing, would be rebate, con
cession or discrimination" under the
Elllins bill. Any concessions of that
kind to be legal should be specified in
the tariff and granted alike to all ship
i pers.
/ The granting of free transportation
i to shippers is often serious discrim-
4 ination. The only way to deal with it
effectively is to stop it altogether,
and since this law furnishes a posi-
/ BILE means of doing so its enforcement
should be the aim of the carriers as
well as the commissions.
Subject of Drayage.
2. The subject of drayage has been
discussed by the commission and the
courts. The fair import of these dis
cussions appears to be that this SER
vice is connected with the transporta-
ton, and that the charges therefore
should be stated in the published tar
4 ifs. This being so, it would be vio-
/ lation of the law to perform the SER
vice of drayage without providing for
4 it in the tariffs, or to perform it for
one and not for another.
4 3. 1t is not believed that the pay
4 ment of a reasonable commission for
soliciting freight, or in the sale of tick
A cts, can be held to be rebate if the
/ transaction is an honest one. If the
commissions are paid with the intent
4 or the expectation that they will be
4 used, or if they are used, for the pur-
A pose or with the effect of granting a
a concession, the payment of such a
commission would doubtless be held
and ought to be held violation of
4 the law.
4 4. The commission has held that the
! present statute requires the publica-
ton of export and import tariffs. The
Elkins bill does not apparently change
the requirements of the law in this re-
\ spect, but it does afford the means for
I enforcing those requirements.
4 s. 1t is difficult to see how the prac-
/ tice of charging lower rates to those
who are establishing new industries
4 than are charged at the same time to
J shippers of the same articles between
! the same points can be excepted from
4 the operations and obligations of the
! law, however unobjectionable such a
4 practice may be from railroad and
Il general economic standpoint.
Il 6. We prefer not to express an opin-