The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-26
RAILROAD NEWS.
President Stickney on Old and
New Interstate Laws.
Interesting Review of National
Legislation for Railways.
VARIETY OF STATUTES
Will Be Easy to Detect Rebat-
ingUnder New Measure.
and Matters of Interest
in Railroad Circles.

Prefacing his remarks before the
Omaha grain exchange and the Omaha
Commercial club on the subject of the
Union Pacific Peavey contract and the
interstate commerce law. President A.
3. stiekney. of the Chicago, Great
Western railway. reviewed briefly the
former interstate commerce laws in
connection with the measure now
pending in congress. Mr.. Stickney
said
LAS the new interstate commerce
law is about to go into effect in this
country and as it contains new and
stringent provisions and heretofore IN
heard of penalties, and as 1 am one of
the charter members of your ex-
change, and in charge of railroad
which desires to serve you in shipping
grain to other markets, 1 desire to
speak to you of some of the provisions
Of this new law. so that both the ship
pers and the railway company may
begin to put their houses in order to
meet its provisions.
THE original interstate law, passed
in 1887, imposed fine and inprison-
ment, one or both. for certain viola
lions of the law. upon the individual
officers and agents of railway COM
panies.
1T was a law which made criminal
certain acts. such as paying rebates,
ETC., acts which up to that time had
been practiced and regarded as lawful.
"Such laws, which make that GRIM
inal one day which was regarded as
lawful the day before, are always diff
ficult Of enforcement It takes years
Of education to make the human mind
regard such acts as criminal no mat
ia hn4 nd lnrrfe11
of reasoning upon which its criminality
is founded.
eat that time, few. if any, Of the
railway officials would admit. or be-
heved that there was any moral wrong
in paying rebates or practicing other
determinations, hence, they regarded
such practices after the passage of the
law as criminal only because it was
made so by arbitrary statute, and not
in any means binding upon their con-
sciences. Or, in other words, that
their chances for heaven beyond the
grave were just as good if they disre-
garded the law as if they obeyed it.
And the general public regarded the
statute in the same way.
Under these conditions. very little
attention was. in fact, paid to the law
The paying of rebates and other dis
eliminating practices went on as be-
fore. The first Important case which
I recall was a case against Counselman
& Day, in which Mr.. Counselman re-
fused to testify, because his testimony
might tend to incriminate himself. The
case was taken to the courts, which
sustained Mr.. Counselman's position.
Then, congress passed the law re-
quiring such testimony to be given. but
granted immunity against prosecution
to those who should give such testi-
mony After this act, railways could
pay rebates. and shippers could re-
cefve rebates with impunity, if they
confessed their crimes to the interstate
commerce commission, or to the
courts, which made it well nigh I'M
possible to convict anyone under the
law And so the game went on.
THE Elkins law, passed in 1903,
abolished the penalty of imprisonment
Under this law a few convictions have
recently been obtained, and the fines,
ranging from $4,000 to 100000, the
limit. have been paid
The twenty years of discussion
since the passage of the first law l
think / am safe in saying, has con-
WINGED the mind of the public ana the
courts that rebates and all kinds OF
determinations are moral as well as
statutory crimes. This conviction on
the part of the public and the courts
will render convictions much more
easily obtained than heretofore.
The bill which is now pending. and
will soon become the law, not only re-
stores the penalty of imprisonment for
officers and agents of the companies
which pay rebates and allow other dis
crimina lions, but it has one other pro
vision to which I call attention 1t Is
found in section 20 of the new law, and
reads as follows:
q The commission shall at all times
have access to all accounts, records and
memoranda kept by carriers subject TO
this act and it shall be unlawful for
such carriers to keep other accounts,
records or memoranda than those pre-
scribed or approved by the commission,
and it may employ special agents or ex-
aminers, who shall have authority I'M
der the order of the commission to in
spect and examine any and all accounts
records and memoranda kept by such
carriers This provision shall apply to
receivers of carriers and operating trus-
tees
s'Under the decision of the United
States supreme court in the paper trust
case, recently decided. these memoranda.
book accounts. vouchers and all they
may disclose may be used in evidence
against both the company and its Off
GERS. and the individual shippers
so after this bill becomes law. an
agent to the commission may walk into
any company's office and examine book
records and memoranda to obtain evil
dence to be used against the company
and its officers, as well as against ship
pers- This viii make detection and
proof of Illegal rates and allowances of
all kinds easy, because 1t is Impossible
for railway companies to pay rebates
charges or otherwise without
making it clearly appear in their books.
PHONES FOR USE ON TRAINS.
Extensive Experiments Being Made