Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-13
THE ANTI-REBATE BILL
COMMITTEE REPORT SUBMITTED
TO THE HOUSE.
Provides for Enforcement of the Pres
emit Law Against Rate Cutting
and Discrimination.

The report on the Elkns anti-rebate bill,
ordered favorably reported by the House
committee on interstate commerce Wednes-
Gay, was filed in the House yesterday by
Mr.. Mann of Illinois.
"In extensive hearings before your COM
mittee upon the general subject of proposed
amendments to the interstate commerce
law" the report recites, 'it was strongly
urged by the members of the interstate
commerce commission that the provisions
of existing law providing for punishment of
the officers and agents of railroads, but not
for the punishment of the railroad itself,
prevented the enforcement of the law for
bidding rebates and Determinations. The
experience of the interstate commerce COM
mission has been that it is impossible to
obtain proof of the granting of rebate by
the officer of a railroad to some favored
shipper unless the officer himself gives the
evidence. in which case he is free from
prosecution"
Habitual Cutting of Rates.
Continuing, the report says: THE existing
law prohibits rebates and determinations.
but does not prevent the cutting of pub
lished rates unless discrimination is shown.
In most cases it is practically impossible to
show the discrimination. In the investiga-
ton made by the interstate commerce COM
mission respecting rates on dressed beer
and packing house products from Kansas
City and Chicago it was finally discovered
that for years the railroads had constantly
and habtually disregarded their published
tariffs and had carried such products at
rates below the published tariff to an
amount great that the difference be-
tween the published rate and the actual
rate amounted to millions of dollars year;
and it was the unanimous testimony that
all the shippers who were interested in
those rates got practically the same rate.
There was, therefore, no discrimination
between the shippers and no shipper was
liable to prosecution for obtaining a rate
which disseminated in his favor. But the
effect of such secret cutting of rates is to
place in the hands of a small aggregation
of shippers the absolute control of the bust
ness, because no person afford to enter
into competition who does not receive the
cut rates, and no person is in position to
demand or receive such cut rates until after
he shall have become established in BUSH
ness and have an extensive business behind
him."
After reviewing provisions of the bill the
report says: The first and second PROPOSE
tions practically exhaust the power of legis-
lation to prevent rebates and discrimina-
tons through criminal prosecutions. We
conceive it to be the desire of Congress to
absolutely prevent, If possible, the granting
of Determinations in the way of railroad
rates to favored shippers. This is by many
claimed to be the greatest abuse of the day.
But all know that the officers of the
railroads who grant rebates and the Off
GERS of the private corporations who solicit
and accept them are men of high standing
In their respective communities, and that it
Is very difficult matter to obtain evidence
sufficient to indict them and still more
difficult to obtain judges and juries who
will convict them"
The report says further: Your commit
tee believes that the legislation proposed by
the Elidns bill, together with the present
interstate commerce law, covers about all
the ways that thought or language can de-
wise or describe to prevent the granting of
determinations in favor of one shipper as
against another, or the building of one con-
Germ through the favoritism of railroad cor
porationS
Views of the Democrats
The six minority members of the COM
mittee, Representatives Shackelford Davey
Adamson, Ryan. Davis and Richardson
(Ala.), also filed their views. After saying
that they do not oppose the bill as re-
ported, and that it will not afford much re-
lief. they add that the little of good that
it does contain the people should have
Continuing they say:
THE bill now reported is not nearly so
far-reaching and remedial as the Little
field bill, which a few days ago passed this
House on roll cali by unanimous vote In
debate on the Littletie,d bill il was freely
predicted that it would never become a
law, and it was openly charged that its
passage in this House was merely for the
sinister purpose of beguiling and deluding
the people into the belief that the domi-
nant party was willing to enact legislation
limiting the evils of monopoly. Since the
passage of the bill the public press from
day to day has teemed with uncontradicted
announcements that the Litt!efield bill is
to be thrust aside and the Elkins bill and
the Nelson publicity amendment substi-