New-York tribune., 1903-02-13
TO PREVENT GIVING REBATES.
How the Elkins Antitrust Bill Is Expected
to Work

Washington. Feb. 12-The report the EIkins
Anti-Rebate bill was filed in the House to-day by
Mr.. Mann, of Illinois. from the Committee on COM
merce In extensive hearings before your COM
mttee upon the general subject OF proposed amend
ments to the Interstate Commerce law" the report
recites ''it strongly urged By the members OF
the Interstate Commerce Commission that the pro-
visions of existing law providing for punish
ment of the officers and agents Of railroads. but
for punishment of the railroad itself prevented
the enforcement of the law forbidding rebates and
dscrimina tons The experience Of the Interstate
Commerce Commission has been that it is impossible
to obtain proof of the granting of rebate by the
officer of railroad to some favored shipper unless
the officer himself gives the evidence. in which case
he is free from prosecution
Continuing, the report says:
The existing law prohibits rebates and discrimi-
nations. but does not prevent the cutting of pub
lished rates unless Discrimination is shown In
dscriminaton in the inyestigafon D'' made Sy the
Interstate Commerce Commission respecting rates
Kansas City and Chicago it was finally discovered
that for years the railroads had constantly and
had carried such products at rates below the pub
ence between the published rate and the actual rate
amounted to millions dollars year. and il was
interested in those rates got practically the
between the shippers. and no shipper was liable to
prosecution for obtaining a rate which discrimi-
cutting of rates is to place in the hands of small
aggregation of shippers the absolute control OF the
into competition who does not receive the cut
rates. and no person is in position TO demand or
receive such cut rates until after he shall be-
established in business and have expen-
sive business behind him.
After reviewing the provisions of the biII the
report says:
The first and second propositions practically ex-
haust the power of legislation to prevent rebates
and determinations through criminal prosecutions
conceive it to he the desire of Congress abso-
IueIy prevent if possible. the granting of disCrim-
nations In the way of railroad rates favored
shippers This Is BY MANY claimed to be the great
est abuse of the day. But ALI know that the
officers of the railroads who grant rebates. and
the officers of the private corporations who solicit
and accept them, men of high standing I'm their
respective communities, and that IL is very diff
them and stiII difficult to obtain judges and
irIries who will convict them
The report says further:
Your committee believes that the legislation pro-
posed by the Ekns bill. together with the present
Interstate Commerce law covers about all the ways
thought and language can devise describe
prevent the granting of Determinations in favor
OF one shipper against another or the building
of one concern through the favOritism Of>rairoad
corporations.
In addition to the amendments heretofore pub
Iished the House committee restores the words
whenever the Attorney General shall direct
either of his own motion upon the request of the
Interstate Commerce Commission which appeared
i'm the original draft of the bill and eliminated
by the Senate