The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-24
FRIDAY, MARCH "a, 1905
WHY NOT ENFORCE 1T

There has been upon the statute
books of the United States for the last
two years a law Familiarity known by
the name of the introducer of the bill
as the Elkins act. It's existence there
establishes two things. First, the rec
concentration of President Roosevelt
for rate legislation, and all the agita-
ton following are distinctly political in
motive and effect. Second. the inerad-
icable tendency of the American people
is to clamor for more law, when all
the law necessary to accomplish what
they desire may have been provided
many times over.
1t is really amazing to one who has
read the speeches of congress during
the last session, the hearings before
the interstate commerce commission,
the resolutions Of boards of trade and
other public bodies and the articles in
the newspapers to find that practically
every single grievance complained of
has its specific remedy carefully pro-
vided in an existing law of the United
States. For two years this law has re-
manned imperative, because unenforc-
ed. We say plainly, and we challenge
disproof, that if the power of the
United States government were put be-
hind this law to enforce it. pretty
nearly every legitimate complaint con-
nected with the operation of railroads
in this country would disappear 1t is
so extraordinary to find a whole ma
ton urged to agitate for what it has
already got that we republish the text
of this act in our news columns where
all may read it.
Summarizing briefly this piece of
legislation, hardly inferior in character
and Importance to the original inter-
state commerce act itself, we find that
the first thing done is to identify the
corporation and its agents. Anything
done or omitted to be done by a cor
poration or common carrier subject to
the act" if the same would be a mis-
demeanor when done or omitted by its
agent shall also be attributed as such
to the corporation ITSELF Next the
Wiliful failure of carrier to file and
publish its tariff of rates and strictly
to observe them is a misdemeanor,
subjecting the corporation guilty to a
fine of not less than 81, 000 or more
than 100000 for each offense The fol-
lowing language is so pertinent to
what is in all mems minds today that
we quote it again here:
1t shall be unlawful for any person. per-
sons or corporation to offer, grant or to
give. or to solicit, accept or receive any
rebate, concession or discrimination in re-
spect OF the transportation of any property
In interstate or foreign commerce by any
common carrier subject to said act to reg
ulate commerce and the acts amendatory
{hereto whereby any such property shall
by any device whatever be Transported
at a less rate than that named In the tar
ifs published and filed by such carrier as
is required by. said act to regulate COM
merce and the acts amendatory thereto;
or whereby any other advantage is given
or discrimination is practiced.
Every person or corporation who
offers, grants, gives. solicits, accepts
or receives any such favor is guilty of
misdemeanor, and on conviction must
be fined not less than $1,000 or more
than $4,000. We come now to quite
as important provision for making
the law effective. 1t is declared that in
constituting and enforcing the act the
omissions or acts of any officer. agent
or other person acting for the common
carrier shall be deemed the act, omis-
sion or failure of the carrier itself.
Published tariffs are to be deemed the
legal rate. and any departure therefrom
Is proof Of guilt. The recipient of a