The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-05

, der the forms OF law. It mas OIleQ OC-
Cured that shipper has been told by
a traffic officer to buy a large quantity
of some commodity and then after it
has been bought an open reduction is
made in the rate to take effect imme-
diateIy, the arrangement resulting to
the profit of the one shipper and the
one railroad and to the damage of all
their competitors; for it must not be
forgotten that the big shippers are at
least as much to blame as any railroad
in the matter of rebates. The law
should make it clear so that nobody
can fail to understand that any kind
of commission paid ON freight ship
ments, whether in this form or in the
form of fictitious damages, or of a con
cesSlOn, Tree pass reduced paSSenger
rate, or payment of brokerage. is il
legal. 1t is worth while considering
whether it would not be wise to confer
on the government the right of civil
action against the beneficiary of a re-
bate for at least twice the value OF the
rebate; this would help stop what is
really blackmail. Elevator allowances
should be stopped, for they have now
grown to such an extent that they are
demOralizing and are used as rebates
The best possible regulation of rates
would, of course, be that regulation
secured by an honest agreement among
the railroads themselves to carry out
the law. Such general agreement
would, fer instance, at once put a stop
10 tIlt elLOIlS OF any one Dig SfiQDef OF
big railroad to discriminate against or
secure advantages over some rival;
and such agreement would make the
railroads themselves agents for enforc-
ing the law The power vested in the
government 10 put 4 stop to agree
mentS to the detriment of the public
should, in my judgment, be accom-
panied by power to permit, under
specified conditions and careful super
vision, agreements clearly in the in
IF n q hi = in
ment. the necessity for giving this fur
ther power is by no means as great as
the necessity for giving the commission
or administrative body the other pow
ers I have enumerated above; and it
may well be inadvisable to attempt to
vest this particular power in the COM
mission or other administrative body
until it already possesses and is eXer-
! cising what I regard as by far the most
important OF all the powers / recon-
mend-as indeed the Vitally important
poweF-that to fix a given maximum
rate, which rate. after the lapse of a
reasonable time, goes into full effect,
subject to review by the courts.
All private car lines. industrial
roads, refrigerator charges, and the
like should be expressly put under the
supervision of the interstate commerce
/ commission or some similar body so far
as rates and agreements practically
affecting rates. are concerned Ihe
private car owners and the owners of
industrial railroads are entitled to
fair and reasonable compensation on
their investment. but neither private
cars nor Industrial railroads nor spur
tracks should be utilized as devices for
/ securing preferential rates. A rebate
/ in icing charges, or in mileage, or in
division of the rate for refrigerating
charges is just IS pernicious as a rebate
in any other way No lower rate
should apply on goods imported than
actually obtains On domestic goods
from the American seaboard to des
/ tinatiOn except in cases where water
competition is the controlling Infiu-
/ ence. There should be publicity of the
accounts of common carriers; no com
mon carrier engaged in interstate buSi-
ness should keep any books or nernor-
anda other than those reported pur-
suant to law or regulation, ana these
! books or memoranda should be open
! 10 the inspection of the government
! Only in this way can violations or eva
sions of the law be surely detected A
/ system of examination OF railroad ac
| counts should be provided similar to
that now conducted into the national
/ banks bv the bank examiners; a few
! first class railroad accountants. If they
/ had proper direction and proper au-
/ thority to inspect books and papers,
/ could accomplish much IN preventing
wilful violations Of the law. II Wouiu
/ not be necessary for them to examine
( into the accounts of any railroad ull-
/ less for good reasons they were dlrect-
! ed to DO so by the interstate commerce
commission. Tt is greatly 70 he oe-
1 sired that some way might be found
| bv which an agreement as to tTa rs
portation within a state Intended 10
operate as q fraud upon the ledelaL
interstate commerce laws coutI "
brought under the 9ufisAlc1i9l VI ny
federal authorities Al present it oc-
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