The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-24
fLKINS ACT COVERS
MATERIAL POINTS
Existing Statute Prohibits Re.
batting Discrimination and
Other Railroad Abuses

according to men who have made the
provisions of the act a subject of deep
study j. Francis. general passenger
agent of the Burlington, in speaking of
the measure said:
since the Elkins act became a law
rebating has disappeared, and along
with II the kindred abuses that were
connected with it, The existing law
contains enough guards against that
sort or thing, and / believe that re-
batting is as rare as forgery and grand
larceny. Just why there is any neces-
sity for more law on that subject is not
quite apparent
The full text of the Elkins act is as
follows:
The Elkins Law
An act to further regulate commerce
with foreign nations and among the
states.
Be 1t enacted by the senate and house
OF representatives of the United States
OF America in congress assembled that
anything done or omitted to be done by
a corporation common carrier subject to
ene act 70 regulate commerce and the acts
aiaendatory thereof which, if done or
omitted TO be done by any director of
ofncer thereof, or any receiver trustee
lessee; agent or person acting for or en-
pioyed by such corporation. would con-
stitute a misdemeanor under said acts
or under this act shall also be held to be
mlSdemearor committed by such cor
poratlon. and upon conviction thereof il
snail be subject to like penalties as are
prescribed in said act or by this act with
reference TO such persons except as such
penaltles are herein changed The will
iui failure upon the part of any carrier
subject to said acts to file and publish
the tar1hs or rates and charges as re-
CURED by said acts or strictly tn observe
such tariffs until changed according to
law, snail be miSdemeanor and upon
conviction thereof the corporation Of
1I LEM sa 2; no be subject TO fine not
less tnan Sl.OeO nor more than $50 900 for
edcn onense; and il shall be unlawful for
any person. persons or corporation to
Offer grant or to give or to solicit, accept
OF receive any rebate, concession or dis
cr1ninatlon in respect OF the transporta-
ton or any property in interstate or for
eign commerce by any common carrier
subject to said act to regulate commerce
and the acts amendatory thereto whereby
any such property shall by any device
Whatever be transported at a less rate than
mat named In the tariffs published and
MED by such carrier, as is required by
said act TO regulate commerce and the
acts amendatory thereto; or whereby any
other advantage is given or discrimination
is practiced. Every person or corpora :
ton who shall OFFER, grant or give or So
,ieit, accept or receive any such rebates,
concession or discrimination shall be
deemed guilty of misdemeanor. and on
conviction thereof shall be punished by a
hne OF not less than 81. 900 nor more than
10000; In all convictions occurring
after the passage of this act for offenses
under said acts to regulate commerce.
whether committed before or after the
passage OF this act. or for offenses under
this section. no penalty shall be imposed
on the convicted party other than the fine
prescribed by law, Imprisonment wher-
ever now prescribed as part of the pen
atty being hereby abolished. Every viola
ton Of this section shall be prosecuted
I'm any court of the United States having
jurisdiction of crimes within the district
In which such violation was committed
or through which the transportation may
have been conducted: and whenever the
onense IS begun in one Jurisdiction and
completed in another 1t may be dealt
with. inquired of. tried, determined and
punished In either Jurisdiction in the
same manner as il the offense had been
actually and wholly committed therein.
In constituting and enforcing the proyi-
Sfons of this section the act omission
or failure of any officer, agent or other
person acting for or employed by any
90 nm carrier acting within the scope
also deemed to be the act, omission or
failure OF such carrier as we'll as that
files with the interstate commerce com
mission or publishes a particular rate
under the provisions of the act to reg
ulate commerce or acts amendatory there
TO- or participates In any rates so filed or
published. that rate as against such car
rier, Its officers or agents in any prose-
cution begun under this act shall be
conciusively deemed to be the legal rate
and any departure from such rate. or any
offer to depart therefrom, shall be deemed
to be an offense under this section OF this
act
Sec 9 That In any proceeding for
the enforcement OF the provisions OF the
statutes relating to interstate commerce.
whether SUCH proceedings be instituted
before the interstate commerce commits
sion or be begun originally in any circuit
court OF the United States 1t shall be
lawful to include as parties. In addition
TO the carrier. all persons interested In
or affected by the rate regulation or
practice under considera ton and In
qufries. Investigations, orders and DEGREES
NM Ia IL
against such additional parties in the
same manner. to the same extent and
subject to the same provisions as are
or snail be authorized by law with re-
spect to carriers.
Sec. g. That whenever the Interstate
commerce commission shall have reason
able ground for belief that any common
carrier is engaged in the carriage of pas
sengers or freight traffic between given
points at less than the published rates on
ME; or is committing any determinations
1orDidden by law. petition may be pre-
scented alleging such facts to the circuit
court OF the United States sitting In
equity having jurisdiction. and when the
act complained OF Is alleged to have been
committed or as being committed in part
IN more than one judicial district or state
IL may be dealt with. inquired of tried
ana determined in either such judicial dis
srict or state. whereupon Ii shall be the
duty OF the court summarily to inquire into
the circumstances. upon such notice and
in such manner as the court shall direct
proceedings applicable to ordinary suits
in equity. and to make such other persons
or corpora tons parties thereto al the cotrt
may deem necessary. and upon being sat-
isfied OF the truth OF the allegations of
said petition said court shall enforce an
observance of the published tariffs or di-
rect and require discontinuance of such
discrimination by proper orders wrfts and
process. which said orders writs and
process may be enforceable as we'll
against the parties interested in the traf-
nc as against the carrier, subject 10 the
right OF appeal as now provided by law
IL snail be the duty OF the several dis
trict attorneys of the United States when
ever the attorney general shall direct
either OF his own motion or upon the re-
quest of the interstate commerce com
mission. to institute and prosecute such
proceedings. and the proceedings provided
for by this act shall not preclude the
bringing OF suit for the recovery of dam
ages by any party injured or any other
action provided by said act approved
Feb 4. 1887. entitled an act TO regulate
thereof. And in proceedings under this
act and the acts TO regulate commerce
the said courts shall have the power to
compel the attendance OF witnesses both
upon the part of the carrier and the
shipper, who shall be required to answer
on all subjects relating directly or indi-
rectiy to the matter in controversy and To
papers. both of the carrier and the shin
per. which relate directly or indirectly to
such transaction. the claim that such
testimony or evidence may tend to -crimi-
nate the person giving such evidence shall
not excuse such persons from testifyfng
or such corporation producing its books
and papers. but no person shall be prose-
cd nr Crrn or fQ Il.