The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
ELKlNS REBATE BILL.
Favorable Report Filed in the
House by Committee.

Washington, Feb. 1s.-The report OH
reported by the house committee on in
terstate commerce. was fled in the
house by Mr.. Mann, of Illinois.
In extensive hearings before your
committees on the general subject of
proposed amendments to the interstate
commerce law the report cites, 1T was
strongly urged by the members of the
the provisions OF existing law providing
for punishment of the officers and
agents of railroads, but not for punish
ment of the railroad itself prevented
the enforcement of the law forbidding
rebates and determinations. The ex-
perience of the interstate commerce
commission has been that it is imDossi-
BILE to obtain proof of the granting of
some favored shipper unless the officer
himself gives the evidence, In which
case he is free from prosecution"
Continuing, it says:
The existing law prohibits rebates
and determinations, but does not pre-
vent the cutting of published rates I'M
less discrimination is shown. In most
cases 1t is practically impossible to show
the discrimination In the investigation
made by the interstate commerce COM
mission respecting rates on dressed beef
and packing house products from Kan
sas-C City and Chicago it was finally dis
covered JnaI IOE years the TalIOaQS naQ
constantly and habitually disregarded
their published tariffs and had carried
such products at rates below the pub
lished tariff to an amount SO great that
the difference between the published
rate and the actual rate amounted to
millions of dollars a year: and il 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
rate which Disseminated in his favor.
But the effect of such secret cutting of
rates is to place in the hands of q small
aggregation of shippers the absolute
control of the business. for no person
can afford to enter into competition who
does not receive the cut rates. ana no
person is in a position to demand or to
receive such rates after he shall have
become established and have an extern
sive business before him
After reviewing provisions of the bill,
the report says.
The first and second propositions
practically exhaust the power of legis-
lation to prevent rebates and discrimi-
nations through criminal prosecutions.
We conceive it to be the desire of con-
gress to absolutely prevent, if possible,
the granting of Determinations in the
way of railroad rates to favored ship
pers This is by many claimed to be
the greatest abuse of the day. But we
all know that the officers of the rail-
roads who grant rebates and the officers
of the private corporations who solicit
and accept them, are men of high
standing in their respective commune
ties, and that it is very difficult mat
ter to obtain evidence sufficient to indict
them and still more difficult to obtain
judges and juries who will convict
them"
The report further says:
Your committee believes that the
legislation proposed by the Elkns 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 discrimi-
nations in favor of one shipper as
against another. or the building of one
concern through the favoritism of rail-
road corporations.
In addition to the amendment hereto
fore published the house committee re-
stores the words whenever the attorney
general shall direct either of his motion
commerce commission" which appeared
in the original draft of the bill, and
were eliminated by the senate
The six minority members of the COM
mittee on interstate and foreign COM
merce Representatives ShacklefOrd,
/ Davey. Adamson. Ryan, Davis and
! Richardson (AIa.), also fled their views
/ After saying that they do not oppose the
/ bill as reported and that it will not af-
/ ford much relief they add that the lit
] tie of good that it does contain, the
people should have.