The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-02
WHAT ELKINs Law MEANS.
Interpretation Given to It by Mem
Der of the Commission.

VIM. E. Curtis. writing from Wash
ington to the Chicago Record-Herald
concerning the Elkins bill, says:
The members of the interstate COM
merce commission naturally decline to
interpret the provisions Of the new law
in advance. and when I called their at
tentOn to neWspapr accounts Of dis
cuSsiOns that have recently occurred at
conferences Of freight and passenger
agents III Chicago, they remarked that
the language OF the statute was per-
fectly plain and that any man of intel
ligence sufficient to manage a, railroad
ought not to require commentary.
Is the granting OF pass rebat
or discrimination? ?" [ asked will rail-
roads be forbidden to give passes to
shioDers?"
1t is not necessary to pay money or
refund money or give a check or draft
to a shipper or knock off a part of his
bill to commit the Offense known as dis
elimination" said one of the members OF
the commission. Any form of conees-
sion or inducement or ADVANTAGE Of
to another is a rebate or a discrimina-
ton and therefore a misdemeanor, and
IS punishable by the penalty imposed by
the law. It is Just as much a violation
OF law OF congress and should be pun
ished with as great severity as any vio-
lation Of the internal revenue laws
or the customs laws or the laws govern
ing the postal service. But a RAILWAY
company which gives passes in order to
obtain freight must be indicted for thai
mlsdemeanOr and tried before a jury i'll
the federal courts before the penalty can
be pronounced. All the interstate COM
merce commission can do is to ascertain
the facts and submit them to the de-
partment of Justice. The Elkins law
viii strengthen its arms and make il
easier for the law officers of the govern
ment to punish violations of the stat
uteS governing interstate commerce.
What about first offenses2 viii any
allowance be made or consideration
shown for first offenders ?"
That is a matter entirely beyond the
authority or jurisdiction of the inter-
state commerce commission. It lies
within the discretion of the courts to
impose the maximum or minimum fine
and of course it will be governed by cir
cumstances. The commission has moth
ing to say on any such questions
What about past offenses?''
All violations of the law known to
the commission have been or will be re-
ported to the proper authorities
Is the free storage of sugar, coffee,
flour or grain for large shippers con-
sidered a rebate: or an allowance for
drayage or carriage, and will such
things be punished?"
ANY advantage or favor granted to
one shipper that is not granted to all
shippers is a misdemeanOr under the
law, and If free storage and allowances
for carriage are granted to one class of
shippers"
Does the law apply to exports and
imports; must rates upon merchandise
shipped to and from foreign countries
correspond with domestic rates ?"
Certainly. A transportation COM
paoy which offers a lower rate to Liver
pool or Hamburg to one shipper than
it offers to another Is violating the law
just as clearly as if the rate were made
to New York alone. But that is diff
fcult question to decide in the abstract,
without knowing the share of the rail-
road and the share of the steamer. We
have no control over the steamer, but
the rail carrier cannot lawfully take
less from one shipper than from anoth-
err. no matter whether the destination
of the cargo is within or without the
boundaries of the United States
Does the E1kins law apply to the
passenger as we'll as to the freight bus
iness2''
Why not2" was the reply. 1T APP
plies to all forms Of transportation. No
enc can be so credulOus as to suppose
that congress would pass
law prohibiting Determinations in the
traffic of live stock and merchandise
and still permit it in the transporta
ton OF human beings. The law is in
tended to secure equal treatment for
the poor and the rich. the small ship
pers and the big ones. and we hope
that it will be cheerfully and prompt
~ obeyed by all of the transportation
COrnpanieS -