The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-07

is necessary. to require reports from
them and 20 require from them and
their oeicers. agents ard employees spec
cifc answers 20 all questions upon which
the commission needs information.
"-is there are no means now provided
by law for compelling testimony. such 8
Law should provide that no person De ex-
cused from attending and testifysng or
from producing books. papers. contracts
and documents before such commission
or the courts.
''of course the general scheme % Icgis-
lation 10 correct trust abuses should be
developed with great care. for Il Is not
nearly so important 20 act quickly as TO
act wisely. Primarily. the question ~ the
power OF congress TO reach what tho
Sherman act seems TO have missed should
be authoritatively determined. as upon
that proposition the whole structure of
effective legislation must rest. We
should at once take the m ist steps aimed
BY law at what VIC certainty know 10 bs
wrong.
AS TO the first three the courts have
held that 20 constitute unjust c.scririna-
ton It is necessary 70 prove that az tho
tine the lower and unlawful rate WIS
being granted 70 the favored shipper the
1isher lawful rate was imposed against
another shipper on ike commodities be-
wcen TIE same points
In many cases of departure by carrier
from its published :arlrs the favored
shipper has enjoyed his advantage Tor 20
long a time that all rivals have Gisap-
peared. IN such eases. and they are most
al 81. 81.
lists; consequently the recipient of the
unlawful rebates escapes the penalties cf
the act TO regulate commerce
The act prohibits the carrier from
charging anyone a greater or lcss rae
than the rates named IA its schedule but
the penalties provided therefor have
been held by the courts not % be appi-
cable 20 any corrier OF that incorporated
company"
The officers II agents Of such incorpo-
rated company who grant the rebate r.
make the Gnls wful concession IN rates
are subject to Indictment and punish
ment That. however. is generally an ifr-
practicable remedy. because the agent
who n1akes the concession u usually tho
only person by whom IL can Dc aSccr-t
tained that the rebate has been pais1s
and whsn he has testified la relation
to the matter he has thereby obtained
amnesty from prosecution Even ~ the
corporation ard its officers could b. of-
fectIvefy reached By criminal proceed
ing-. the law leaves unrestrsined ths
persons. corporations and combinations
who are bcneaciaries 81 the un a@fa
rebate
a
late commerce. should be supplied y
imposing a penalty upon the incorporated
carrier and beneficiary alike. and tho
right Of ihe courts n restrain such prse-
ticcs at the suit of tire United Stsiss
right no, settled and various Challenges
should b. determined
l think IN. opera tion of such an act
should be liruited 10 the traBsportstlen
by common carriers subject 90 tho act 90
reflilnte commerce. This is uecesssry
for the reason that there f. no require
ment of laws that rates shall be pub
iishcd by common carriers. except by
raaroad and water curriers' as one itns.
" hen the act - reguiate conmfrcs wss
under consideration Il was deemed Inn
practicable II not unwise 20 attempt 10
regulate the rates II saf@r or ether CON-
mon carriers. u WIS undsrs'sod that N
the nature of thirEs. water rates could
not be stable "a sdd tiou - that K vas
believed that water e1snpstition nusf -
unres.rsiBed. a. {; + ths l>ss; exP@fsiTe
means q transpcftuE - Nbersser Z
could directly or Indirectly eofnpe's ~ith
carriers ~ raj. would approximately sur-
rish a basis for rates vitbia tss lIsaits
% extortior.
1T Is too rnueh 70 say that ~ith 'aeHe
gaps cioeed the scheme % governmental
regulation win be eomriete. but y ~ ciszr
that without some similar i-zf-iatieB y
would cousInue 30 be inadequate And
ruch legislation sl make a ions. nfst
stride in afvsnre.
''RespectfuIly yours. II o. KSox
Attorney G~n~rsi~