The Washington times., 1905-02-03
Efficacy of E1kins Law
Not Yet Proven by Courts

Why cannot the present Elkins law
reach the alleged illegal acts Of the rail-
roads?
This is a question which is asked every
day. and tho answer seems always lack
ing.
In speaking of the matter individually
the Interstate Commerce Commissioners
long enough to thoroughly test its eff
cheney. ss=sssszsss
Commissioners Clements, Prouty, Yoe-
mans. AMI Chairman knapp all voice the
opinion. and cases are quoted TO show
the correctness of the view.
No large suit has yet been won under
the law. all such being still ia the
courts. Thu principal abuse tha act
does not remedy, according to the COM
missioners, is the discrimination effected
by published tariffs ana rates.
Commissioners Views.
In a statement to The Times the com
missioners say:
Railway determinations arc of two
general classes.
First; those effected. not through the
published rates. rules, etc, biit%by Sc
.cret and doubtful methods
THE variety of devices for this kind
OF cheating is almost without limit
Sometimes a slight crit of the rate is
made; again the full rate Is paid and a
rebate allowed.
This is sometimes in the form of "A
claim for damage to or loss of freight
Sometimes the rebate is allowed as com
mission for securing business; and
again. the carrier accepts a favored
shippers weights and description of
property, winking at false weights and
false billing.
In times past. it is believed that car
riers have charged the fun rates on
domestic shipments and made up 20 the
larger shipper sufficient ,induceu1ent i'm
the shading of export rates to, secure
his business
This was often. on the theory that
the law did not require the publication
OF and adherence TO export rates,
Covered by Eikins Law.
1T Is easy to- see how at the exposure
and suppression of any device another
Is invented. Any law which undertook
TO extirpate this class of determinations
by enumerating, defining and condemn
ing the particular devices In eorm and
without d sweeping inhibition OF all dis
examinations of this character, regard
less OF the form or method thereof would
: be as futile a law against gaming
which only prohibited games by speci-
The EIkins act is broad ara com
prehensiye in its condemnation of dis
" n-ii:lataotl VI Inns cidoS anu character.
IT is difficult To see how it could be made
broader as 10 these. It provides pen
aities and intunctfons. buteabolishes i'm
nrisonment for these offenSes
1t Is believed that the law has
already had the effect to generally
modify and diminish these abuses.
though 1t Is not TO be doubted that they
still exist.
1T is too much to expect that these
evils win entirely disappear any more
than have the crimes of stealing
counterfeiting.s etc., But there is no
doubt a growth of healthier sentiment
among railroads and business men now,
in respect TO these. prs ctfces-
Ihere mas been great Improvement
and will be more as the provisions OF
tslis law are applied and tested.
Open Discrimination.
But there is another great class of
discrimination respecting which this act
affords no additional remedies to those
found in the original act to regulate
commerce. These are diserimina lions
effected by the published tariffs and
rates, rules, ete., established eT1enIYs by
the carriers. These are usually between
localities. and commodities, ard indi-
Yiduals at the same place.
These are often just as hurtful and
oEerrta ching i'm favor Of one interest
and against another as are the secret
s determinations. but 1t is about as
the courts. 10 apply remedy for dis
elimination of this class as for an un-
: reasonable rate
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