The Birmingham age-herald., 1903-03-26
RAILROAD WORLD.

H. W. Nathan, commercial agent of the National Railroad of Mexico, the Laredo route, with headquarters in New Orleans, was in Birmingham yesterday
 J. J. OHara, travelling freight agent of the Wisconsin Central, with headauar- ters In Cincinnati, was here yesterday.
 John T. Griffin has been appointed road foreman of engines on the Birmingham division of the Southern with headquar- ters in Birmingham.
 W H. Collins, representing the insur- ance department of the Southern, with headquarters in Selma Is in the city.
 H. w Greaves, general Southern freight agent of the Big Four. is in Atlanta.
 Among other out of town railroad men here yesterday were c. A. Bencoter, as sistant general passenger agent of the Southern, with headquarters at Chatta- nooga William B. Clements travelling passenger agent of the Seaboard, with headquarters at Atlanta and J. D. Rid dell, formerly general freight agent of the Frisco, but now at Kansas City.
 It is announced that the contract for five miles of the track of the Seaboard be- tween Rockmart and Atlanta has been awarded to Casey. S Co.,, contractors.
 A Berlin dispatch says that the Hart mann Machine works at Chemitz have received an order for twenty locomotives for the Canadian Pacific. This is the first time that a contract for locomotives has come from North America to Ger many. s~
 A Washington Dispatch to the Globe Democrat says upon the request of one of the best-known traffic men in the west, the interstate commerce commits sion has consented to give full inter pretation of the Elkins law and to an- swer some vital questions regarding spe- cific cases. The reply of the commission states that that body is reluctant to an- swer hypothetical .questions and to give ex parte opinions as to the meaning and applications of laws, but that the present ease is one In which the traffic men should be well Informed. The commits sions' reply, which follows was sent to the Chicagoan making the inquiry, and is said to be receiving wide private cir eulation in that city;
 1. The carrier is made criminally liable in all cases where the individual has been heretofore
 ?. Willful failure to publish tariffs as required by law, or to observe such tar ifs, is made misdemeanor, punishable by fine of not less than 5000 nor more than $25,O0O for each offense.
 3. To offer, grant or give. or to solicit, accept or receive any rebate. concession or discrimination in respect to the trans portation of any property, whereby any such property shall, by any device what ever be transported at a less rate than that named in the tariffs published and filed by such carriers, is made an offense, punishable by like fine as above.
 4. Punishment by imprisonment is re- pealed in all cases.
 5. In proceedings before the commission or before the courts. shippers as well as carriers may be included as parties.
 G. The federal Circuit courts are given power to interfere By summary process to prevent departures from the pub lisked rates or other discrimina tions for bidden by law.
 Taking up the specific questions in your letter, we answer them as follows:
 1. We are of the opinion that free or re- duced transportation given Ion account of a shippers business or to influence that business, which is the same thing, would be a rebate concession or dis crimination" under the Ellxins bill.
 g. It would be a violation of the law to perform the shippers drayage without providing for it in the tariffs, or to per form 1t for one and not for another.
 3. It is not believed that the payment of a reasonable commission for soliciting freights or for sale of tickets can be held to be a rebate, if the. transaction is an honest one. sn
 D. It is difficult to see how the practice of charging lower rates to those who are establishing new industries than are charged at the same time to shippers of the same articles between the same points can be expected from the operations and obligations of the law, however, unobjee- tionable such a practice may be from railroad and general economic standpoint
 6. We prefer not to express an opinion at this time as to whether railroads may lawfully transport supplies for each other at reduced rates.
 :. The rendering of storage service with out publication. or the rendering of 1t to one shipper and not to another, would seem to be in plain violation of the Ell1ins law.
 s. The first section of the Elkins bill ap- pears to refer exclusively to the trans portation of property. The third section, investing the circuit courts with addl- tional Jurisdiction, covers both property | and passengers,