Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-07
PRESIDENT MAY ACT
His Message Relative to Rebates
Indicates Prosecutions Will
Be Commenced
lEs'sLAT'oN NOT LIKELY
lEsIsLATloN NOT
LIKELY
General Belief That Roosevelt Intends
=, Take an Aggressive Attitude in
the Matter of Abuses Which the
Shippers are Compelled to Endure
Han Ample Power.

Washington. D. c., Dec. Z. - Ray
mond, special to Chicago Tribune
Nothing in the presidents message has
aroused SO much interest as what he
had to say about railroad rebates. This
wis mot because that portion Of the
massage is likely to result in any I'M
portant legislation at the present ses-
SIGN OF congress, for no zone expects
anything OF the kind.
THE paragraph in question was larg-
ely quoted, however, because 1t was
taken to indicate the intention of the
president himself to put stop to UNI
far rebates and Determinations by In
vokiilg the Immediate aid of, the fed
er,al courts and seeking to punish the
offenders.
The president did advocate in his
message an amendment to the inter-
st,te commerce law so that q reason
axle rate once fixed by the commission
should stand until upset by the courts,
whereas now the reverse is true, ana
the Interstate commerce commission
cannot enforce its decisions until AFTER
the courts have sustained 1t, the orig
in;n and unjust rate being maintained
In the meanwhile.
Under what is known as the Elkins
law, which was passed by the last
congress, 1t Is within the power Of the
president to institute criminal proceed
ings against any and all persons and
corporations who offer or receive lie
pal rebates. This law is on the stat
ute books and can be appealed to by
airy district attorney without any d.
re ctions from the president or attorney
general. 1t Is one of that class Oh laws,
however, which is not enforced except
under specific instructions from WASH
tngte,n, and these directions it is I'M
derstood, from the presidents message
will be given before long.
AS to the suggestion for the amend
mem: of the interstate commerce law
there Is not the slightest possibility OF
til, being carried into effect at the pres
cit session Of congress Such an
amendment could be passed readily
thru the house, and In fact the inter-
practically agreed upon the general
tenor Of such legislation. The cores
puneling committee in the senate, how
ever, is opposed to any such legislation.
Its chairman. Senator Elkins, altho
I h,s liz the author of the law Furnishing
! tile giving Of rebates, is VIGOROUSLY OPP
posed to any extension Of the powers
o.. the interstate commerce commits
sion.
When Senator Cullom was chairman
OF the interstate commerce committee
Mr.. Elkins led a faction which was OPP
posed to any legislation unfriendly to
tile railroads and in the direction of
strengthening the commission. 1t Is
! . positive fact, well known by every
one in the senate that any bill Of the,
character suggested by President
Roosevelt surely would be piegonholed
by Senator Elkins in person, and as the
time of the session Is limited 1t will be
absolutely impossible to bring up any
amendment Of this character until af-
tor the Fffty-eighth congress passes;
into history.
With regard to giving and receiving
rebates It Is admitted the law as IT.
stands furnishes the means Of put.
ting a stop to the determinations
without any appeal to congress. It has
not been the habit OF President Roose-
welt to neglect any means at hand to
secure the adoption OF any reform he
believes to be for the interests Of the.
people,
The interstate commerce commission
mas been engaged for months taking
testimony with special reference to the
private car line abuse, which is said
by railroad men and shippers alike to
pc the principal means by which lille
eaI rebates are paid and monopolies
III food products and the necessaries Of
life are maintained.
u proceedings Of this character are
instituted under directions from the
president, not only the railroad men,,
but the shippers themselves will be-
come liable to conviction and fine. The
Ellins law, under which these rebates
are specifically punished, abolished the
penalty Of imprisonment altogether.
which many friends OF the movement
Lave considered a great mistake. It
was alleged at the time that this abol-
i'ion OF the Imprisonment penalty was
insisted upon by Senator Elkins per-
son.llly.
Provides $4,000 Fine.
The law as 1t stands, however. nro-
vides that any person or corporation
Which offers, grants. gives, solicits, ac-
cepfs. or receives any rebate, conces-
sion. or discrimination in respect to the
transportation Of any property in in
t'erstate or foreign commerce by any
common carrier subject to the inter-
state commerce law shall be guilty of
nnsdemeanor and fined from $1,000
to $4,000 for each offense.
Ready for Prosecutions.
It is, Of course, well understood that
the interstate commerce commission
now has a mass of testimony with
particular relation to the private car
lines, which will enable it to begin
prosecutions Of both shippers and rail-
road men.
LIKE TUE MESSAGE