The Butte inter mountain., 1903-12-19
ADVANCE IN RATES !! E!
ON FRE!GAI:4e#D
ANNUAL REPORT OF INTERSTATE
COMMERCE COMMISSION GOES
IN TO CONGRESS.
NO DECLINE IS PROBABLE
Commission Points Out That Railways
Have Realized Enormous Sums
From the Advances Made.
ny ASSOCIATED PRESS.

Washington, D. c., Dec. Io.--The seven
teenth annual report of the interstate COM
mcrce commission, transmitted 10 con-
gress yesterday, says iii part:
"The preliminary income account OF
the year ending June 80, 1903, shows 2of,-
Az miles of railroad, which was approxi-
mately % per cent of the entire mileage
in the United States. Gross earnings tor
that year amounted to $I,8oo,i 5000. or
$o,3Ss per mile OF line. Operating ex-
penses aggregated St,24S,5 5so,43S, or $6,iot
per mile, leaving net earnings OF $64I.-
63o.io6, or $3iSs per mile. Fiity-three
million dollars in taxes are not included
in this statement of operating expenses.
Compared with the previous year. the net
earnings are greater by some S54,ooo,ooo,
and stock dividends are greater by nearly
$Ioooo,ooo. In 1897 the gross earnings
averaged only $6,ia2, and operating ex-
penses $4,io6 per mile OF line.
The 'Elkins Law.
The report discusses at length the
Ellins law The commissioners say that
the original law. the act to regulate COM
merce, 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 Of
fenses only are affected by the Elkins act
the provisions of which are mainly de-
signed to prevent or more elieetually TO
reach those infractions OF law, like the
II. l.. 81 ea1 Ir.4e
which are classed as misdemeanors.
Under the amendment the railway cor
poraion 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
source Of embarrassment because 1t
gave immunity to the principal and bene-
ficiary Of a guilty transaction. 1t is be-
licvcd that much benefit will result from
the fact that proceedings can now be
taken against the corporation.
Only Fined Now.
This amendment abolished penalty of
imprisonment, and the only punishment
now provided is the imposition OF fines.
Whether the good results claimed for this
change will be realized is by no means GER
tain, but the present plan should doubtless
bc continued until its utility is further
tested.
An essential provision in the amended
statute is the one which confers jurisdic-
ton upon the circuit courts OF the United
States to restrain departure from pub
lishcd rates, or "any discrimination for
bidden by law" by writ Of injunction OF
other appropriate process. This writ OF
process is enforcible rs we'll against parties
interested in the traffic as against the car
ricr.
Wise Enactment
The commission feels warranted in say
ing that the beneficial bearing OF this
amcndatory legislation became evident
from the time OF its passage and that Il
has proved a wise and salutary enactment
Ii has corrected serious defects in thu
prieinal law and greatly aided the attain
mcnt OF some of the purposes Tor which
that law was enacted. 1t is believed tina
never before in the railroad history OF thi
country have tariff rates been so well o.
generally observed as at present.
Other things, however, have contributed
to the improved conditions now preyailini
and among them is the great increase il
traffic, which, in most parts OF the coun
try continues TO move i'll unprecedented
volume. The test of the law will com
when lesscncd volume OF compctitiV
tariff invites sharp contest for business.
Other Offenses.
The other class OF offenscs which tn
original act prohibited is not at all re
strained by the amendment in question
Valuable as such amendment is, it ha
added nothing whatever to the powe
of the commission to correct tarii
rate which is unrcasonably high or whic
operates with discriminating effect
greatly aids the observance OF tari
charges, but affords no remedy for thos
who are injured by such charges eithe
when they are excessive or when they ar
incqutably adjusted.
The commission further points out tina
tle effect OF the Elkins' amendment ha
been to bring about in many cases an il
crease of railroad charges. This is doub
less one explanation of the marked II
crease in the number of formal complaint
made to the commission during the pre-.
ent wear. The fact that such complaint