The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-18

tees, which are classed as misdemea-
nors. Under this amendment the rail-
road corporation Itself is liable to
prosecution in all cases where it's off,
GERS and agents are liable under the
former law. This change corrects a de-
feet which has always been a source of
embarrassment because it gave immu-
nifty to the principal and beneficiary of
guilty transaction. 1t is believed that
much benefit will result from the fact
that proceedings can now be taken
against the corporation.
This amendment abolished the penalty
Of imprisonment and the only punish
ment now provided is the imposition of
fines. Whether the good results claim
ed for this change will be realized is by
no means certain, but the present plan
Should doubtless be continued until its
utility is further tested.
An essential provision in the amended
statute is the one which confers juris-
dictiOn upon the circuit courts of the
United States to restrain departure
from published rates, or amy discrimi-
nation forbidden by law" by writ of in
junction or other appropriate process.
This writ or process is epforcible as well
against parties interested in the traffic
as against the carrier. The commission
feels warranted in saying that the bene-
fetal bearing of this amendatory leg1s-
lation became evident from the time OF
it's passage, and that it has proved a
wise and salutary enactment. 1t has
corrected serious defects in the original
law and greatly aided the attainment
of some of the purposes for which that
law was enacted. 1t is believed that
never before in the railroad history of
this country have tariffs been SO well
or generally observed as they are at the
present time. Other things, however,
have contributed to the improved con-
ditions now prevailing, and among them
is the great increase in traffic, which in
most parts of the country continues to
move in unprecedented volume.
The test of the law will come when a
ilessened volume of competitive trafnc
invites sharp contest for business. The
other class Of offenses which the original
act prohibited is not at all restrained
by the amendment question. valuable
as such amendment is, 1t has added
nothing whatever to the power OF the
commission to correct a tariff rate
which is unreasonably high or which
operates with discriminating effect. 1t
greatly aids the observance of tariff
charges, but affords no remedy for those
who are injured by such charges, either
when they are excessive or when they
are inequitably adjusted.
The commission further points out
that the effect of the Elkins amend
ment has been to bring about in zeany
cases an increase of railroad charges,
and, as a result of the maintenance of
rates, has operated to intensity what
ever was wrong in the tariffs them
ton of the marked increase in the
number of formal complaints made to
the commission during the present
year. The fact that such complaints
multiply is highly significant Yet the
authority of the commission in respect
to these matters has not been enlarged
in the least by the amendment in
question.
One of the most significant things in
railway operations for the past three
years has been the marked and general
advance in rates. Such increase ap-
plies in almost all sections of the coun-
try, and to many of the most import
ant kinds Of traffic.
These increases are general and they
amount in the aggregate to an enor-