Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1903-03-06
/. KNOX'S LITTLE JOKE
ATTORNEY GENERAL REvlSES
THE ELklNS BILL.
Amendment Added Makes New Meas
ure Duplicate Of the Existing Law
An Excellent Sample of Repub-
iican Legislation.

It appears that the President takes
a lively interest in the Elkins bill to
eliminate the bad clement from the
trusts by prohibiting the payment OF
rebates by railroad companies. HIS
interest is so lively, in fact, that he
gave a dinner to leading members OF
the house in order to impress upon
them his earnest desire for the con-
currence of the house in the passage
of that bill.
1t appears also that Attorney Gen.
eral Knox revised the Elkins bill and
incorporated in it his plan to punish
the shipper who gets a rebate as well
as the carrier who gives ia plan
which he pretends to think will catch
the rogues and put an end to the
practice which he assumes gives the
trusts the most of their unfair advan-
tage
With these facts in mind we are
prepared to see the point of an amend
ment to the Elkins bill which the
house committee on commerce has
agreed to report. The amendment
strikes out the words "or corporation"
after the word person" in the follow.
ing clause:
But no person or corporation shall
be prosecuted or subjected to any pen
atty or forfeiture for or on account OF
any transaction, matter or thing con-
corning which he may testify or pro-
duce evidence, documentary or other
wise, in such proceeding
This calls attention to the fact that
the clause as Mr.. Knox left it after
revision was one of these little Jok-
ers" which are so characteristic OF
Republican legislation where the In
terests of legislative favorites are con-
cerned.
The clause is part of the provision
for getting at shippers who receive re-
bates. If they were corporations, as
they easily might become, the could
escape penalty by simply proceeding in
their corporate capacity to produce
evidence against themselves. The
proposed amendment exposes the
joker.
The publication of this Knox clause
of the Elkins bill once more directs
attention to the fact that this very
legislation to catch the shipper is
now in the interstate commerce law
as it has been amended from time to
time.
In the original law provision was
made for the punishment of both giver
and receiver of rebate. Presently
il was discovered that nobody could
be convicted under this law because
both giver and receiver-the only par
ties necessarily in the secret-could
refuse to testify on the ground that
they could not do so without incrimi'
mating themselves. In other words,
by virtually confessing their guilt both
parties could escape punishment.
To overcome this difficulty this very
Knox clause was enacted as an
amendment, all but one thing. In
order to get shippers to testify against
carriers it was enacted that the testi'
4 mony of shippers should not be used
against themselves. The only thing
added to this by Mr.. Knox was the
joker by which any shipper could slip
out if he was big enough and numer.
GUS enough to get himself incorpor
ated.
Without the amendment the Knox
clause is worse than the existing law.
With that amendment it is nothing
but the existing law. Yet Mr.. Knox
puts it forward as great trust-bust,
ing device and the President gives
dinners to members of the house to
promote it's enactment