New-York tribune., 1904-10-27
PRETEyT1yG RATE D1SCRJNyy4TJON

n.
Is it really impossible for Democratic cam
paigners to learn the truth and then tell it?
The Republican press and speakers are kept
busy every day exposing the downright mis-
statements OF fact by their opponents who
we hope, are merely the victims of their own
carelessness and ignorance. but who. neverthe-
less. knowingly or unknOwingly. are bearing
false witness. Judge Parker himself and his
aged associate have fallen into this habit of
mSstatement. and have put forth statistics CON
cerning government expenditures, the cost of
the Philippines and the sacrifice Of life in SUP
pressing the insuTection which are mOnstrOus-
y and rdcuIousy untrue. The lesser lights
following them have proceeded with an utter
recklessness Of mendacity until it would weary
the endurance Of both writer's and readers to
catalogue and refute the almost infinite variety
of false statements concerning the acts of Re
pubiCans in the State and nation.
One of the latest victims of the bacillus of
misstatement is Edward NJ. Shepard. We are
rather surprised at this, for. while he is
strong partisan. sometimes carried by his preju-
dices into pathetically untenable positions he
is a clear headed lawyer and a careful student
whom we thought TO be immune to the disease
of talking without his facts. Yet in the cur
rent number of "Harper's Weekly find Mr..
Shepard bringing an indictment of many counts
THE Republicans have refused to enact any
statute fit to enforce fairness or publicity in
''the rates for interstate transportation. 1t is
through secret determinations by common car
''riers that small and moderate Independent
producers have been driven TO the wall. .
President Roosevelt signed bill repeating the
law which made secret rebates a crime"
That is absolutely unfair and untrue state
ment of the purpose and effect of the act of
February 10, 1903. At the request Of a Re
publican President n Republican Congress
acted just the statutes which We're calculated
to enforce that fairness and publicity with n
speed and certainty never before attained. Mr.
Shepard as a lawyer may think that even
something more drastic yet is desirable, but
when the Republicans passed acts which they
thought were efficient as laws could be-
he has right to say that the Republicans
have refused" 10 give relief against dscrimi-
nation.
The act Of February 80 1903. made a misde-
meanOr Of the failure Of any carrier to file and
publish rates and adhere to them strictly until
lawfully changed. 1t made ii unlawful for any
person. persons corporation to offer grant
give. solicit. accept receive any rebate CON
cesSiCR or discrimination, whereby any proper
~ shall be transported at a less rate than the
published tariff. or whereby any other advan-
tage is given discrimination practised, Such
discrimination was nominally unlawful before
but the measures for enforcing the law were
imperfect So the new law made any unlawful
act or omission Of any officer or agent of
corporation the offence of the cOrpOrati ton and
prescribed a fine ranging from 81 900 to $4,000
changing the old law of Imprisonment which
could not apply to artificial corporations and
in practice proved no restraint at ALL This
change is the excuse for Mr. Shepard's fling at
| the President As an eminent trust LAWYER he
| perhaps naturally prefers strong law. difficult
of enforcement, to a moderate one which can
really accomplish its aim. The law also al
! lowed the joining Of all persons Interested in
any rate in proceedings to enforce the Inter
state Commerce laws, giving the courts the
most complete power to make DEGREES effective
| in all directions. II provided for securing the
| testimony of agents and others used as instru-
ments in discrimination. Above all. it conferred
! upon the federal courts the power and duty
| by injunction, mandamus or other writ with
| out formal pleadings, to enforce this law on
l.eing satisfied that any allegation OF departure
| from the legal rates true. Also an act Of
! February II, 1903. expedites all appeals I'm in
| terstate commerce litigation.
In the same number of "Harper's Weekly"
| with Mr. Shepard's article is another by Gen
eral Benjamin F. Tracy completely demollshing
Judge Parker's common law delusion, ana
showing that If the Judge had run down the
| list of authorities since the case he misapplied
| he would have been forced TO abandon his orig
| inal notion that the common law furnished an
| adequate remedy for trust evils In the case
of the Missouri Pacific Railroad Company agt
! the United States the United States District At
| torney for Kansas sought nn Injunction to re-
| strain the railroad from discrimination contrary
! to the Interstate Commerce act This was be-
! fore the passage Of the act OF February 10.
! 1903. The railroad admitted the discrimina-
! hon. but demurred 20 thc action the ground
! that II could not hc dealt with 10y any common
law proceeding, but only according 10 tho spe-
cific method prescribed by the Interstate Com
merce law That method involving proof Of
( criminal acts by definite persons. was imprac-
ticable hence the resort 10 equity. The United
States Supreme Court sustained this demurrer
pointing out that nt the time when the suit
was brought the authority to bring II did not
| exist. 1t added, however: But that is not the
ease Under the law as II now exists, since
! power TO prosecute a suit hke the one under