Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-09
A WAR ON REBATES
Feature of the New Anti
Trust Measures.
FAIR SHOW FOR ALL
DISCUSSION BY THE LITTLEFIELD
SUBC0MMITTEE.
Two Measures Introduced by Chair
man Jenkins in Line With At
torney Generals Views.

brewing boiled merrily at the House end Of
the Capitol yesterday afternoon. Not only
did the LittlefieId subcommittee buckle
down to hard work on a bill which when
completed will contain remedies suggested
by every member of the committee, but
Chairman Jenkins of the judiciary jumped
into the breach late in the afternoon and
introduced two comprehensive bills on the
subject, both Of which are supposed to
emanate from the Attorney General
The Littlefield subcom mittee did not COM
plete it's work yesterday, although 1t sat
| until 6 O'Clock. Another meeting will be
| held tomorrow when it Is the program to
| perfect this antitrust measure and have 1T
| ready for the consideration of the full ju-
| dietary committee at its regular meeting
| Monday. The details of this committee bill
| have not been announced yet. but 1t is I'M
| derstood to contain a publicity feature, an
| amendment to the Sherman antitrust law:
whereby evidence against the dolngs OF
corporations may be more readily obtained;
section in accordance with the recon-
mendationS of the Attorney General max
ing the receiver of rebates and special rates
| liable to punishment by fine and imprison-
ment as well as the giver of rebates Other
| features of regulation will also be contain
| ed In the bill, and Representative Powers
| of Massachusetts, a member OF the subcom-
mittee. remarked last night that the bill
| was the harmonious work Of the whole sub
committee, and that he believed 1t would
meet with the approval not only of the jul
dietary committee but also Of the House.
Whether it would pass the Senate at this
session he was not so sure.
The subcommittee agreed before adjourn
| ing last night to favorably recommend the
bill introduced in the House Tuesday by
Mr. Littlefield, at the suggestion of the At
torney General, making 1t possible for him
to advance cases against corporations on
| the federal court calendars.
The bills introduced by Mr.. Jenkins are
regarded as administration measures.
Amends the Sherman Law.
One of the bills amends the Sherman anti
trust law. to strengthen and perfect 1T to
meet the views Of the Attorney General, the
chief features being provision that 1t shall
be unlawful for any person to offer, grant,
or give. or solicit, accept, or receive any
rebate, concession, or service in respect to
the transportation of any property In inter-
state or foreign commerce whereby such
property Is Transported at less rate than
that named in the published tariff Of the
carrier q fine Of 5000 being provided; and
that the circuit courts of the United States
are invested with jurisdiction to prevent
and restrain such rebates. -'- -'.-
The second bill provides for the appoint
ment of commission to carry out the pro-
visions of the Sherman act as lit is pro-
posed to have 1t amended. 1t Is provided
that the commission shall be bipartisan
affair but the bill as introduced leaves
blank the number Of commissioners TO De
appointed, the length Of their service, and
the compensation they are to receive. Inc
commission is to have secretary. and
neither the secretary nor the commissioners
are to engage in any corporate business
while holding office. The bill confers on
the commission powers somewhat similar,
though much stronger than those possessed
hI-fh ai nj a
Rebates Declared Illegal.
Sections one and two Of the bill to amend
the Sherman law provide: ,.5 ... -.,
THAT 1t shall be unlawful for any per-
son or persons to offer, grant, or give, or
to solicit, accept, or receive any rebate,
concession, or service in respect of the trans
portation Of any property in interstate or
foreign commerce by any common carrier
subject to the act to regulate commerce,
whereby any such property shall by any
device whateved be transported at a less
rate than that named In the tarins pub
lished and filed by such carrier as Is re-
auired by said act to regulate commerce.
Every person who shall offer, grant. or
give or solicit, accept, or receive any such
rebate, concession. or service shall be DEEM
ed guilty Of misdemeanor, and on con-
viction thereof shall be punished by fine
of not less than 5000.
SECTION 2. If any joint stock company,
thereof, shall solicit. accept, or receive any
such rebate, concession or service as Is
hereinabove declared to be unlawful. 1t
shall be unlawful thereafter to transport
any article owned or controlled by such
company corporation or combination or
produced or manufactured by 1t, by whom
soever the same may be owned or control
ed from the state within which such article
Is produced or manufactured. If any such
Joint stock company, corporation or eombi-
nation shall offer. grant or give any special
prices inducements or advantages for the
sale Of articles produced. manufactured.
owned or controlled by it to purchasers In
any particular locality in order to restrict
or destroy competition IN that locality In
the sale of such articles. it shall be unlaw-
full thereafter to transport any article own
ed or controlled by 1t, or produced or manu-
featured by it, by whomsoever the same
may be owned or controlled. from the state
within which such article Is produced, man.
ufactured, owned or controlled.
Provided however. that the prohibition
imposed under this section shall not apply
to any article purchased bona fide before
decree made In pursuance hereof against
the joint stock company. corporation or
combination producing. manufacturing, or
therefore owning or controlling the same;
and provided further, that even after decree
any such article may be relieved from the
prohibition imposed under this section If the
owner thereof shall show to the satisfaction
| of the court having jurisdiction OF the mat
ter. as hereinafter Pre- Tided. that such
article was purchased bona f1de, without
notice and within thirty days after the
entry Of such decree. Any transportation
| company. and any officer, agent or repre-
sentative thereof. knowingly concerned in
the transportation Of articles in interstate
or foreign commerce contrary to the profi-
bition of this section. shall be punished by
a fine Of not less than 5000"
The remaining sections provide the ma
chinery for carrying the law into effect In
vesting the circuit courts Of the United
States with Jurisdiction in the premises and
giving opportunity to persons injured in
their business or property by reason Of
anything forbidden by the act the right to
recover threefold the damages sustained.
Functions Of the Commission.
The commission provided by the second
bill Is to inquire into the organization and
conduct Of the business Of corporations
joint stock companies and combinations en-
gagged in Interstate commerce, and to
gather information that will enable the
President to make Recommendations to
Congress for additional legislation for the
regulation Of such commerce. Ample and
complete authority is given the commission
| to obtain from all corporations, joint stock
companies and combinations subject to the
act all information necessary to perform
the duties for which 1t Is created, and to
a nd apfn