Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-19
The EIkins Law.

'"The legislation passed by the last
congress, commonly known as the FL
kins law, is discussed. The commits
sion says that the original law, the act
to regulate commerce, embraces two
distinct objects, or seeks to correct
two kinds of railroad abuses: First,
to secure the publication Of tariff rates
which shall be just and reasonable and
free from determinations; and, Sec
ond, to compel carriers to observe the
tariffs so published without variation
or exception.
Broadly speaking, the latter class.
of offences only are affected by the
Elkins act, the provisions of which are
mainly designed to prevent or more
effectually reach those infractions of
law, like the payment of rebates and
kindred practices, which are classed
as misdemeanors. Under this amend
ment the railway corporation itself is
liable to prosecution in all cases where
its officers and agents are liable under
the former law. This change corrects
a defect which has always been a
source of embarrassment, because it
gave immunity to the principal and
BENEFICIARY of guilty transaction. 1t
is believed that much benefit will re-
suit from the fact that proceedings
can now be taken against the corpora
ton.
"This amendment abolished the PEN
atty of Imprisonment, and the only
punishment now provided is the impo-
sition of fines. Whether the good
results claimed 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.
CAS- the former law was construed
by the courts. it was not sufficient to
show that a secret and preferential
rate had been allowed there had to be
further proof of the payment of sched-
ule charges,or at least higher charges
than those in question, by some other
person on like and contemperaneous
shipments. The practical result Of
this construction was to render sue
cessful prosecutions extremely diff
cult because Of the required evidence
could rarely be secured. Under the
amendment the shipper is liable when
ever the carrier is liable. while, either
or both of them may be convicted by
simply proving that the rate charged
is not covered by the tariff applicable
to the transaction.
| "The further provisions of this law,
affecting what may be called civil rem.
edies, are also mentioned. One of
these makes it lawful to include as
parties, in addition to the carrier com.
planned Of. all persons interested in
or affected by. the matters involved in
the proceeding.
another and more essential provi
sion in the amended statute Is the one
which confers jurisdiction upon the
circuit courts of the United States to
restrain departure from published
rates, or ANY discrimination forbidden
by law by writ of Injunction or other
appropriate process. This writ OF
/ process is enforcible as well against
parties interested in the traffic as
against the carrier.
The commission feels warranted in
saying that the beneficial bearing OF
this amendatory legislation became
evident from the time of its passage
and that it has proved wise and sal
utary enactment. 1t has corrected
serious defects in the original law
and greatly aided the attainment ol
some Of the purposes for which thai
law was enacted. It is believed thai
never before in the railroad history Of
this country have tariff rates been sc
we'll or generally observed as they are
at the present time. Other things
however, have contributed to the i'm
proved conditions now prevailing and
among them is the great increase il
traffic, which in most parts of ths
country, continues to move in unpre
cedented volume. The test of the Law
will come when lessened volume o