New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-05
ENFORCING FEDERAL LAW.
MR. MOODY'S REPORT.
Railroad Rate EUiLs and Prosecution
of Trusts.


Attorney General Moody, made public to-day, Is
largely devoted to discussion of railroad rate evils
and the prosecution of trusts. Regarding rate
problems, Mr.. Moody says:
OhiciaIs of railroads have in general terms
sured me of their willingness to aid the depart
ment in every way in enforcing the provisions OF
partures from published rates, but have declined n
70 reIlder tie Only assls tlst pe "a
proving the offence TO every case of this kind
been and is. willing to accept the evidence either
the shipper of the railroad official giving MIN
the immunity from prosecution which would result b
from the use of the evidence and to proceed ny
for reasons Which will be appreciated BY all, men
have shrunk from berrayhng men idance has been
or will be obtained occasional and exceptional
and unless content to allow the evli OF the
discriminatory practice by common carriers TO con on
tinue, with now and then the aehes dseper
than any law now upon the statute book must De
The Interstate Commerce Commission and the
op ei can discover and prohibit or punish
only small percentage of the discriminatory p rae
the direct Of rebates in money has Ia largely s7
dence before this department so taF as b e0e5b;
tends to sGRpoTt the devces the prae
tice of giving one shipper preferential 5reat sf
POWER NEEDED TO FIX RATES
If the power, upon complaint. to fix future
maximum rate and put IL into effect within
should be given to some administrative body Gre
eted BY Congress weapon against 6 ayaiia
Bic would be put into the hands Of the government
so R9e pRreferred shipper the body clothed
9eteTne that the rate Which the railroad could
afford to give to the preferred shipper 1t could
sash to ndh to coa S @
the "a pea S w9qd n s6d se Of the
rate thus fixed could be found than in the acton OF
rier to maintain that a rate actually charged py 1t
was confiscatory unjust. ,,,,,,
tratjO Inv he cas- q
Company, it might well be found that the ra1iroads
6op the beer Of the Pabst Brewing Company
the private of the transportation company a.
rate could well afford to transport all beer under
like conditions at the same rate
FEAR OF. PROSECUTION.
In place then of the long drawn out proceed
ngs by petition in equity with all the 9pp9r @ s
delays which such proceedings aIoTu iiIu 10 O
constituonaI right of all concerned in the trans
action to be protected against and no
ing constitutional questions would be aVdIa ana ire
Verv existence would act powerful restraint
upon all discrimination between shippers Inc es denr
tions would be slight in comparison with the fear
that even it T 6Se9 Tae than his the
same rate might be by law at once EXTENDED 10
Moreover the incentive to the shipper to s5uggf
for an unlawful adyantage T 0e De Tat Which he
might secure would be speedily extended 10 ms
petitors rather than the mere saving in freight
money for which he is most eager: Thus the mere
rate With the strong probability that would be
e ecyey ds s both the shipper the
carrier the two parties to the u1iaWfuI
been violations of the Elkins act, have been pre-
pared place in the hands Of the District
to the grand juries for their action Voc hoer r,,r-
sbe an 70 o9 fS of violations of ns
appropriate action has been taken III IL Is 3,rn n
Or 1Inon anv basis except evidence. The Depart
Of g gs bT to d a9f qedsnce Of
law, and relies to a considerable extent upon the
Commission Rebates determinations and depart,
no1n onlv to the shippers concerned and the Off
Gals Of the railroad, and ordinarily can be pTope9
implicated in the wrongdoing
RAILROADS INVOLVED.
since July l, 1904, the following proceedings have
been begun:
1nformauons for contempt Of court for r.6 disc
tedience restraining order heretofore gbsfes
forbiddng the defendants from granting tbs
on interstate shipments, have been neo ,risso i
asainst five different railroads namely the Atcho
son Topeka and Santa re Halfway QIj co1n
1anya the Missouri Pacific Railroad Company the
Chicago and Alton Railroad COMPANY anu H ne
These cases have been argued and submitted 20
the court a as bnt Of no the commerce
sion Cnciqna ill., Hamilton and S6
6sgo and St Louis Railway Company the Penn
syivana Railroad Company Teyei 9nmpsnV Lake
shore and Michigan Southern Railway C0mP SdGd
EsmI0Ek a GSnf 16a af and Bao@d
Company begun in the Circuit CTHT t6 t court on
eT p 1906 enoined the defendant railroads
IRON n the unjust classification of soap.
An Indictment was returned in October 1905 IN
e. Co for accepting rebates in violation OF the a1i
Eins act and early trial Of the case Is eA-
The result of an investigation by the Interstate
C,omerce Commission and OF complaints by PElVstte
interests adversely affected petition uHoe s fs
Fkins act filed in the Eastern lstfcr OF Gs+
Son7nany Pere Marquette Railroad Company mis- Mis-
souri, Kansas AND Teas 9e cbcaE9 Rock Island and
Pacific Railroad Company, the chicago tsoGH dSi
ana ana Francisco Railroad Company the Wisconsin
Alton Railroad Company and the Panst Brewing
2f the s S2eg OF c Soe Of Chicago be-
i3a,tad b, the government to be now an mae
sst f5r Conspiracy obtain at less
than the published rates by GeV o eva
az eelaims for damages arising out OF the trans
ants the defendants seyeray pleaded guilty. and
We're sentenced to pay fines Amounting TO SZe'oO
The sentence has been compiled. with cid :, +ho
On June II 1900 bill in eqTit str Tfs Of fd 9 fne
Circuit fbe limos Central Railroad Company
G5I1f and Ship Island Railroad Company Southern
Mobile and tlo1 9a and E nnreasonabIe rates
On July 1905 bin in fSuify vnn filed df n the the
S-bern District of Illinois against the Chicago
F5TaC oPaRy the ne chicago ST.
PaIi minneapolis and Omaha Railway Company
ct on al 5a 9GF e is sss5y fled IN the
Circuit Court for the NoFthern DtVl f OF tne
Sortne western Railway Company the Burlington
Rapids and N 1os and Omaha Railway Company
r. al for departure from the published rates under
the On E 5ai2 - bin in equity .d filed IL in the the
Circuit Cqrt of Nfississipr5 against the Mobile