The Birmingham age-herald., 1903-01-07
SOLUTION OF TRUST QUESTION
 LIES IN OPEN COMPETITION
(Contlnued from First Page)
other shipper on like commodities be tween the same points.
 Enjoys Great Advantaqe.

"In many cases departure l. a carrier | from It's published tariff the favored ship | per has enjoyed his advantage for so long
 time that all rivals have disappeared. | In such cases, and they are the most nu- | merous, no illegal discrimination exists;
 consequently the recipient of the unlaw-
 full rebates escapes the penalties of the
 act to regulate commerce.
 "The act prohibits the carrier from | charging any one greater or less rate
 than the rates named in its schedules;
 but the penalties provided therefor have
 been held by the courts to be applicable | to any carrier that Is an incorporated | company.
 "The officers or agents ol such incorpor- | ated company who grant the rebate or
 make the unlawful concession in rates are subject to indictment and punish
 ment That, however, Is generally an
 impracticable remedy, because the agent
 who makes the concession is usually the l only person by whom 1t can be ascertain
 ed that the rebate has been paid and
 when he has testified, in relation to the
 matter, he has thereby obtained amnesty | from prosecution.
 | "Even If the corporation and it's officers | could be effectively reached by criminal | proceedings, the law leaves unrestralned | the persons corporations and complna- 1 tions who are benefciaries of the unlaw- | full rebates
 "This casus omissus of the act to regu-
 late commerce should be supplied by im- | posing a penalty upon the incorporated | carrier and beneficiary alike, and the right of the courts to restrain such prac-
 tices to the suit of the United States. A
 right not settled now and vigorously chal- | lenged, should be made certain.
 Limited to Transportation.
 'T think the operation of such an act | should be limited to the transportation by
 common carriers, subject to the act to | regulate commerce. This i3 necessary for | the reason that there Is no require
 ment of law that rates shall be published | by common carriers, except by railroad or | railroad and water carriers, acting as | one line. When the act to regulate com | merce was under consideration, 1t was | deemed impracticable If not unwise to at | tempt to regulate the rates of water or | other common carriers It was understood
 that In the nature of things, water rates | could not be stable.
 ''So that if provision is made by law | to prevent rebates, a standard or estab- | lished schedule must be resorted to and | the admitted abuse of gratest magnitude | has been in the favors granted by rall- road companies, their rates which the | raw requires shall be made public should | be taken as the rates which will be ad- hered to and make equal to all the people under similar conditions.
 "It should therefore be made unlaw- full to transport traffic by carriers, sub ject to the act to regulate commerce at l any rate less than carriers published rate and all who participate In the violation of such law should be punished. "An additional provision should be made to railway corporations, combna- tions and associations, which produce and manufacture wholly within a state, but whose products or sales enter into interstate commerce. It should relate, first, to such concerns as fatten on re-
 bates in transportation and second to concerns which sell below the general price of commodity in particular local
 ities or otherwise in particular localities
 wantonly seek to destroy competition. These could be excluded with their com moditles, products or manufactures from
 "As the power of congress over inter- state commerce is plenary. excepting as 1t may be limited by the constitution ex- cept that 1t may impose such a punish ment for the violation Of the public pol icy of the nation, q comprehensive plan should be framed to enable the govern ment to get all of the facts bearing upon the organization and practices of con cerns engaged in interstate and foreign commerce essential to a full undertaking thereof, and to compel the observance of the law. This should be framed upon these lines:
 Commission Should Be Created.
 "A commission should be created to aid in carrying out the provisions of the act of July g. 1890, and any further legislation relating to commerce It should be the duty of such commission among other things to make diligent investigation into the operations and conduct of all corpo- rations, combinations and concerns en- gagged in interstate or foreign commerce, and to gather such information and data as would enable 1t to make specific re- commentators for additional legislation for the regulation of commerce and annu- ally and oftener if 1t shall seem needful to make report thereon to the President.
 "Such a commission should have au- thority to inquire into the management of the business of such corporations and concerns, to keep itself informed as to
 the manner and method in which the same are conducted and to obtain from
 such concerns full and complete informa- ton necessary to enable the commission to perform the duties and carry out the objects TOT which 1t is created; it should have the lower, when in it's judgment, 1t Is necessary to require reports from them, to require from tr--l and their of.