Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-04-01
MEANING OF ELkINs LAW.
Inter. State Commerce Commission De.
fines Liability of Carriers,


fines Liability Of Carriers.
Upon the request OF one Of the best
known traffic men in the west, the in
ter-state commerce commission has
consented to give full Interpretation
Of the Elkins law and to answer some
vital questions regarding specific cases.
says Washington dispatch. The re-.
ply Of the commission states that that
body is reluctant to answer hypoth-
etical questions and to give ex parte
cations of laws, but that the present
case is one in which the traffic men
should be well informed. The COM
missions reply, which follows, was
sent to the Chicagoan making the in
quiry. and is said to be receiving wide
private circulation in that city:
I. The carrier is made criminally
liable in all cases where the Individual
has been heretofore. ,l
2. Willful failure to publish tariffs
as required by law, or to observe such
tariffs, Is made a misdemeanor, pun
ishable by fine of not less than $1,000
nor more than $4,000: for each Of
tense.
8. To offer, grant or give, or to So
licit, accept or receive any rebate, con-
cession or discrimination In respect to
the transportation Of any property,
whereby any such property shall. by
any device whatever, be transported at
a less rate than that named In the tar
ills published and filed by such car
riers, is made an oftense, punishable
by like fine as above.
4. Punishment by imprisonment is
repealed in all cases. -.t
s. In proceedings before the COM
mission, or before the courts, shippers
as well as carriers may be included as
parties.
6. The Federal circuit courts are
given power to interfere by summary
process. to prevent departures from. the
published rates or other discrimina-
tions forbidden by law. -
Taking up the specific questions in
your letter we answer them as fol-
lows: es
l.. We are Of the opinion that free
or reduced transportation given "on
account Of shippers business or to
influence that business, which is. the
same thing, would be rebate, conces-
sion or discrimination" under the Ell
kins bill.
Q. 1t would be violation of the law
to perform the shippers .drayage with
out providing for It in the tariffs, or
to perform 1t for one and not for an
other.
5. It Is not believed that the pay
ment of reasonable commission for
soliciting freights or for sale Of tick
cts can be held to be rebate, II the
transaction is an honest one.
S. It !s itfacuit to see how the prac-
tice Of charging lower rates to those
who are establishing new Industries
than are charged at the same time to
shippers Of the same articles between
the same points can be excepted from
the operations and obligations Of the
law, however unobjectionable such
practice may be from a railroad and
general economic standpoint.
6. We prefer not to express an opin-
ion at this time as to whether rail-
roads may lawfully transport supplies
for each other at reduced rates.
Z. The rendering Of storage service
without publication, or the rendering
of 1t to one shipper and not to another.
would seem to be in plain violation Of
the Elkins law.
8. The first section Of the Elkins
bill appears to refer exclusively to the
transportation Of property. The third
section, investing the circuit courts
with additional Jurisdiction, covers
both property and passengers.