The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-14

carriers shall receive in the distribu-
ton Of those rates, in case the carriers
fail to agree upon such divisions. It is
also pointed out that discrimination
against individuals and against par
bcular species Of traffic can be effected
by the refusal of a carrier to esta b.
lish a joint rate upon given commodi-
ties.
Under the subject of terminal roads,
elevator charges and private cars the
commission says there is an important
class of cases in which the owner of the
property performs a part of the trans
portation service, and where the car
rier by paying such owner an extrava-
CANT sum for the service rendered
thereby prefers him to other shippers
of like property. This may happen in
any case where the shipper is the own
er of any of the facilities of transpor-
tation or performs any part of the
transfer service. Such preferences
may take the form of an excessive di-
vision to terminal road owned by the
shipper, the payment of an excessive
elevator charge to the owner of the
grain, or the payment of excessive
mileage upon the private car which
conveys the property of the owner of
the car. Investigations made by the
commission leave no room for doubt
that all these methods are at the pres
ent time more or less reSorted to for
the purpose or with the effect of pre-
ferring one shipper to another. The
commission should be empowered in a
case of this kind to determine whether
the allowance to the property owner is
a just and reasonable compensation for
the service rendered, and to fix a limit
which shalt not be exceeded in the
payment made therefor. Such a rem
edy would not be altogether adequate,
and any remedy is extremely difficult
of application, but nothing better ap-
pears to be available.
Belief is expressed by the commission
that an efficient means of discovering
Illegal practices would be found in
authority to prescribe the form in
Which books of accounts shall be kept
by railways, with the right on the part
of the commission to examine such
books at any and all times through ex-
pert accountants. This recommended
ton has been urged upon the attention
of congress in previous reports, and Il
is earnestly renewed at this time. Pro-
badly no one thing would go further
than this toward the detection and pun
ishment of rebates and kindred wrong
doing. Certain carriers now refuse to
make the statistical returns required by
the commission. Admitting the right of
q railway company to use its money as
it sees fit, it is certainly proper that
the government should know what use
is made of it, and whether the rates
and charges imposed are legitimate.
Other subjects of regulation hereto
Guided in the commissions proposed
bill, such as uniform classification, tick
ct scalping, free passes and the ike,
are not overlooked or regarded as unim-
portant, but as they are altogether
subordinate to the essential matters
embraced in the bill submitted they
are not further discussed in the report.
Speaking Of the operation of the Elkins
law, the report states that in the annual
report for 1903 the commission endeavored
to explain the changes n the regulating
statute effected by the Elkins law which
was approved in the previous February,
and made some favorable comments upon
its operation, and a. similar opinion was
expressed in the report made a year ago.
Further experience, however, cOmpels the
commission to modify in some degree the
hopeful expectations then entertained. Not
only have various devices for evading the
law been brought into use, but the actual
payment of rebates as such has been
here and there resumed. Instances of this
kind have been established by cOnvfn cling
proof. on which prosecutions have been
commenced and are now pending. More
frequently the unjust preference is
brought about by methods which may es-
cape the penalties of the law, but which
plainly operate to defeat its purpose.
While this does not imply any want of
satisfaction with the act of 1903, which is
regarded as a most admirable measure,
nor any belief that there is a general re-
turn to former practices. it does mean
that this type of evil has by no means
disappeared and that it is liable to in
crease unless effectively restrained.