The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-08
JUDGE PHILLIPS, DrcYsrrsv


Because it was made public at the
same time as President RoosexeIt's
message. the decision OF Judge Phillips,
IN the federal court at Kansas City, in
the railroad contempt cases was some
what obscured IN the public mind, but il
was Of considerable importance never
theless.
Judge Phillips attitude, both in that
decision and in his more. recent charge
TO federal grand jury now in session
in Kansas City, which was published
in the State Journal last evening, must
appeal forcibly to every fair-minded
person. Just because a railroad com
pany is a corporation is no reason why
it is not entitled to justice the same as
a private individual.
The principal contempt case was di-
rected aginst the Santa Fe. That road
is alleged to have given rebates to the
Hutchinson Salt company and to the
Colorado Fuel and Iron company after
being enjoined from doing so by the
federal court. Judge Phillips discussed
the case on the technicality that it
should have been brought in the dis
triets of Kansas and Colorado respective
" where the alleged ohenses were com
nitted. But incidentally Judge Phillips
expressed his opinion of the proceeding
in general.
It now seems to be the general inl-
preston that the Colorado Fuel and Iron
rebate, at least, was plain holdup. The
Santa Fe was in need of business and
the Colorado company demanded a re-
bate in return for its business. As
result it got it. The Santa Fe, of course,
was not guiitIass in the matter. but it
was far less to blame than was the ship
per-the Colorado company-whieh had
become an exceedingly strong corpora
ton.
Now it is Judge Phillips idea, that in
Furnishing attractions OF the anti-rebate
law, officials should not confine their
attention to the railroads that suffer
from being compelled to give the rebates,
but that. where such things occur. the
wicked shipper who throws down the
railroad and takes the rebate away from
it should also be punished.
There are doubtless cases where rail-
road companies deliberately buy bust
ness by offering shippers rebates. but
there are also many instances in which
the rebates are given very unwillingly.
Big corporations like the beef trust and
the harvester combine whose business
aggregates millions of dollars, are able
to virtually hold up railroad companies
for special rates. In such cases the
guilty shipper is certainly deserving of
more severe punishment than the rail-
road company that is held up.
Judge Phillips emphasizes the fact
that there can be no rebate unless there
is shipper who takes the rebate. ana
the shipper is the one who profits by il.
BY all means LET the shipper be punish
ed as well as the railroads. The people
cannot afford to be unjust towards the
transportation companies. The Square
Deal movement includes the railroads as
vel as the private citizen.
Incidentally Judge Phillips remarks
emphasize the need for the rate regula-
ton law which President Roosevelt de-
sires. If rates could be regulated by
government commission railroads would
not be subjected to hoid-ups of this
character. At present there is reason to
believe that many published rates are
made high in order to grant the con-
cessions demanded by big corporations,
and the little shipper has to pay the
excessive rate. That sort of thing would
be eliminated if equitable rates were
made for. ALI