Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-15
ELK|NS LAW FUTILE
Interstate Commerce Commits
sion Says 1t Will Not Stop
Rebate Evils
PRACTICE IS CONTINUED
CONTINUED
PRACTICE
Roads Resort to ArtfuI Ways in Order
to Violate the Spirit Of the Law -
Asks That Commission be Given
Power to Fix Rates = midnight"
Tariffs Discussed.

Washington, Dec. 15.--In the nine-
teenth annual report Of the Interstate
Commerce Commission, the commits
sioners lay stress upon the fact that the
Elkins law, from which they formerly
extracted much hope, has proven in
effectual to stop the payment of re-
bates and the giving Of preferential
rates.
Further experience" reads the re-
port, "compels the commission to modi-
fy in some degree the hopeful expec-
tations formerly entertained. Not only
have various devices for evading the
law been drought into use, but the ac-
tual payment of rebates as such has
been here and there resumed. More
frequently the unjust preference Is
brought about by methods which may
escape the penalties of the law, but
which plainly operate to defeat its pur-
pose. This type Of evil has by no means
disappeared and Is liable to increase
unless effectually restrained"
Reason for Rate Bill.
In this statement is to be found the
main reason for the commissions rec
ommending to congress the passage of
the somewhat drastic measure which
1t has submitted to that body. The
commissioners insist it is essential that
they be given the power to substitute
just for an unjust rate after due
hearing, the substituted rate to go In
to effect after reasonable time unless
vacated by judicial proceedings. 1t
Is strongly recommended that the act
be made to include certain classes OF
carriers now said to be exempt and
that the term Transportation" be en-
larged so as to include charges for var
ious services, such as refrigeration and
the like, which are now claimed to be
beyond the authority of the commits
sion.
It also has shown that the refrigera.
ton charges are exorbitant, but the
railroads and the private car lines in
sist that this charge is for local serv-
ice and have refused to offer any rem
edy to the shipper. Therefore the
necessity of making such service le-
gal part Of the freighting rate.
The commission is heartily In favor
Of extending the required notice of
tariff changes from three and ten days
to sixty days, preserving to the COM
mission the right to modify this pro-
vision as circumstances require. This
would prevent the filing Of midnight"
tariffs and at the same time, allow
the commission to make provision for
the sudden and necessary changes in
export tariffs. The commission has al
ways held that the present law re-
quires the publication of export tar
ifs, but the railroads have refused to
take this view.
Need More Power.
The report insists upon the vital
necessity of giving the commission au-
thority over thru rates and joint tar
ifs. A large portion of the business
of the country is carried on thru
rates and joint tariffs, and yet a rail-
road, according to the decisions Of the
courts, is under no obligation to make
thru or joint tariffs, or to disclose the
basis upon which such rates are di-
vided as between the carriers partici-
Mating in Them