The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-04
REBATES CONTINUE.
Although CleverIy Disguised Declares
Attorney General Moody.

Washington. Dec. Attorney Gen
eral Moody submitted his annual report
10 congress today Under the mead OF
Difficulty Of Suppressing Discrimina-
ton Under Existing Laws, and the III
feet of the Rate-Making Power Upon
It." he says.
Several cases, in which it is alleged
there have been violations of the Elk1ns
act, have been prepared, placed in the
hands Of the district attorneys IN three
different states, and viii soon be sub
mitted to the grand juries for their ac-
1ion.
In all cases in which the evidence
has been furnished to the department Of
violations of the Elkins act, appropriate
action has been taken. 1t is impossible
for the department to proceed upon ru-
NOR or upon any basis except evidence.
The department of justice is not
equipped with any force whose duties
are to obtain evidence of violations OF
law, and relies to a considerable extent
upon the information obtained by the
interstate commerce commission. Re
bates, Determinations and departures
from published rates are secret crimes,
usually known only to the shippers con
cerned and the officials of the railroad,
and ordinarily can be proved only by
the confession of some one of the per
sons implicated in the wrOng-doing.
Officials of railroads have in gen
era1 terms assured me of their willing
ness to aid the department in every
way in enforcing the provisions Of the
law against rebates, Determinations and
departures from published rates. but
have declined to render the only as
sistance that would be Of the slightest
value, namely, the furnishing Of evil
dence proving the offense. To every
case of this kind there are two guilty
parties. The department has been, and
is willing to accept the evidence either
of the shipper or of the railroad official
giving him the immunity from prOSecu-
ton which would result from the use
of the evidence. and to proceed by in
dictment against the other guilty party.
But, for reasons which viii be appre-
ciated by all, men have shrunk from
betraying their cOnfederates. The cases,
therefore, in which evidence has been
or viii be obtained, are occasional and
exceptional, and unless We are content
TO allow the evil of the discriminatory
practice by common carriers to con-
tinue, with now and then the punish
ment of detected crime. some remedy
which reaches deeper than any law now
upon the statute book must be found.
THE interstate commerce commission
and the department Of justice, by the
exercise of the utmost diligence, can
discover and prohibit or punish only a
small percentage of the discriminatory
practices which actually exist. 1t seems
probable that the direct payment of re-
bates in money has largely diminished.
III is aiitREQ TO De true, ana the evil
dence before this department, so far as
1t goes tends to support the allegation
that, though clothed and disguised by
various devices, the practice of giving
one shipper preferential treatment over
another in like situation, in substance
still continues.
III the power, upon complaint, to fix
a future maximum rate and put it into
effect within a reasonable time, sub
ject to appeal to the courts, should be
given to some administrative body Gre
ated by congress a weapon against dis
crilninatory practices much more po-
tent than any now available, would be
put into the hands of the government
Upon proof that a lower rate had been
given to come preferred shipper, the
body clothed with the power to fix a
future maximum rate might well de-
termine that the rate which the rail-
road could afford to give to the pre-
ferred shipper it could afford to give ia
all shippers in like situation Such a
finding it could be predicted with GER
tainty, the courts upon appeal would
not reverse, for no better evidence OF
The legality and Justice of the rate thus
fixed could be found than in the action
Of the carrier itself. Tt would be diff
cult for the carrier to maintain that a
rate actually charged by it was con-
fscatory or unjust"
The remainder of the report is made
up chiefly Of the history of cases prose
cufed by the department of justice.