Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-24
Interstate Commerce Commits
sion Interprets the Mean
ing of the Statute
AT REQUEST OF TRAFFIC MEN
Some Specific Gases Cited and Cues
tions Answered in Regard to the
Law-Document of Especial Interest
to Railway Men and All Shippers
Other News.

merce commission has consented t
give a full Interpretation of the Elkin;
law and to answer some vital question.
regarding specific cases.
The reply OF the commission state:
that that body is reluctant to answer
Hypothetical questions and t. give ex-
parte opinions as to the meaning ant
application of laws. but that the pres.
ent tease is n in which the traffic
men should be well informed. The
commissions reply, which follows, was
sent to the C%hicagoan making the
inquiry and 1t is said to be receiving
wide private circulation in that city:
l. The carrier is made criminally H.
able in all cases where the individual
has been heretofore.
2. Wilful failure to publish tariffs, is
made a misdemeanor, punishable by a
fine Of not less than $1,000 nor more
than $4,000 for each offense.
3. TO offer, grant. or give, or to
solicit, accept or receive any rebate,
concession, or discrimination in re-
spect of the transportation of any prop
erty 49,. whereby any such property
shall. by any device whatever, be trans
ported at a less rate than that named
in the tariffs published and filed by
such carrier is made an ~offense, pun
tshable by like fine as above.
1t 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 thai the paragraph
quoted applies solely to the transport
tation OF property. :
4. Punishment by imprisonment is
repealed in all cases.
5. In proceedings before the comis-
sion, or before the courts, shippers as
we'll as carriers may be included as
parties.
6. The federal circuit courts are
given owe TO interfere by summary
process to prevent departures from the
published rates or other"discrimina-
lions forbidden by law.
Broadly speaking as 1t seems to the
commission. there is no material change
in the acts or things prohibited and
declared to be unlawful. The criminal
remedies for illegal conduct are charged
and the criminal provisions OF the law
made more definite and positive. 1t
is believed that these provisions can
now be enforced as they could not be-
fore.
Taking up the specific questions in
your letters we answer them as follows:
l. We are of the opinion that free
or reduced transportation given ION
account Of a shippers business, or to
influence that business, which is the
same thing, would be a rebate, con-
cession or discrimination under the
Elkins bill. Any concessions of that
kind to be legal should be specified in
the tariff and granted alike to all ship
pers.
The granting OF free transportation
to shippers is often a serious discrimi-
nation. The only way to deal with 1t
effectively is to stop it altogether, and
since this law furnishes a possible
means of doing so its enforcement
should be the aim of the carriers as
we'll as the commissions.
2. The subject of drayage has been
discussed by the commission and the
courts. The fair import of those dis
cussions appears to be that his serv-
Ice is connected with the Transports
ton, and that the charges therefore
should be stated in the published tariffs.
This being so, it would be a violation
of the law to perform the service OF
drayage without providing for it in
the tariffs. or to perform it for one and
not for another.
3. 1t is not believed that the payment
of a reasonable commission for solicit
ing freight or in the sale of tickets.
can be held to be a rebate of the trans
action Is an honest one. If the com
missions are paid with the intent or
the expectation that they will be used.
or IL they are used. for the purpose or
with the effect of granting a conces-
sion, the payment of such a commission
would doubtless be held and ought to
be held a violation of the law.
4. The commission has held that the |
present statute requires the publica-
ton of export and import tariffs. The
Elkin's bin does not apparently change
the requirements of the law in this re-
spect, but it does afford the means of
enforcing those requirements.
5. 1t is difficult to see how the prac-
tice of charging lower rates to those
are establishing new industries
are charged at the same time to
shippers of the same articles between
the same points can be expected from
the operations and the obligations of
the law, however unobjectionable such
a practice nay be from a railroad and
general economic standpoint.
6. We prefer not to express an opin-
at this time as to whether rail
roads may lawfully transport supplies
for each other at reduced rates.
4. The commission has held that the
storage is a part of the service of trans
p~ortation which the carrier performs,
and that the charges for that service
should be published in the tariffs. The
rendering of this service without such
publication, or the rendering of 1t to
shipper and not to another, would
seem to be In plain violation of the
law.
Division of Rates.
8. Generally speaking, h divisions
of a reasonable rate between connecting
carriers is a matter of Indifference to
the public. If, however, an allowance
is made to a private road for only nom
service, 1T would be a concession
or discrimination" The question would
seem to be in each case whether the
was reasonable and free
from discriminating design or effect.
8. The first section of the Elkins
bill appears to refer exclusively to the
transportation of property. The third