The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-02-20
THEIR CREATORS.

lie CRIMINAL peIidltlcS VI Vic ofict :
man act stared the railroad man in
the face If he attempted to make
common cause with a parallel road
against the extortions of the monopo-
listic shipper. And yet the competi-
ton to which he was forced drove
him into violation of the other sec
tons of the same act, forbidding re-
bates. Competition means lower
freight rates; and lower freight rates
mean secret rebates. =
That was the situation up to the
time of the passage of the ElkinS
rebate law in March, 1908. This was
an act to amend and strengthen the
statute against rebates. Much was
said at the time the act was passed
about the desire
OF the Small Shippers"
to have this bill enacted into law,
and 1t was almost pathetic to see the
solicitude of certain members of the
United States senate for the welfare
of the small shipper" What they
said was all very true, in a way. The
small shipper would be benefited by
square DEAL" but it was not the
welfare of the small shipper which
was moving the senate. What infu-
enced the senate was the fact that
this bill had been drawn by the late
General Logan. general counsel for
the Pennsylvania Railroad company,
and was 20. KID by A. ]. Cassatt and
his associate railroad presidents.
The Elkins bill was a good bill.
20 years ago. If it had gone on the
books and been enforced then it
would have saved the commercial
lives of thousands of business men
who were relentlessly murdered.
slowly but inevitably crushed to
death by the sinews of railroad
strength. In 1903 it came. not to
save the small shipper. but as a
weapon with which the railroads
might defend themselves from the
exactions and encroachments of the
ever-grasping trusts
This law, for which the public has
the Pennsylvania railroad to thank.
is Il Soou law. NHei Il iaiiioau WdhtS
a law
with o snapper" to It,
its lawyers know how to draft 1t, and
this was case where they wanted
the real thing So they made one that
would bite.
What is the consequence? Two
years have passed since the Elkins
act was put on the books. and l find
at the offices of the Interstate Com
merce commission that no prosecu-
ton has been had under 1t. well
informed railroad man tells me. and
| II is also the statement of Chairman
Martin A. Knapp of the commission.
that the practice of giving and re-
| ceiving rebates has practically ceased
since that act went into force-with
| two possible exceptions: Cd The al
| legged offenses named in suit against
the Atchison road, which was recent
ly recommended, and Is to be started
soon In Chicago. and CD the rebates,
| drawbacks" and kindred abuses
which are made possible by the in
direct method of private cars for
carrying refrigerated freight. live
stock. beer. oil, etc.
The Elkins act is most stringent.
II provides equity as well as COM
mon law remedies for violations. and
managers
May Be Sent to Jail
under a contempt process with no
more formality than was melted out
to Eugene V. Debs after the railroad
strike IL years ago. when he was sent
down to the Woodstock Ill) Jail for
30 days without the intervention of
jury. So, too. the law Ii designed
to reach a soulless corporation in its
only vulnerable spot, namely. it's