The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-11
Senator LaFOIIette Proposes
Severe Penalties.
Would Send Railroad Magnates
to Penitentiary.
FAILS TO CARRY POINT.
Penal Provisions of Old Act Are
Restored.
This Is Adopted by a One Sided
Vote.
FAILS TO CARRY POINT

tion with the consideration of the rail-
road rate bill Senator LaFonette at
TEMPTED to secure the imposition of
Imprisonment for violations of some
of the requirements of the interstate
commerce law. He proposed terms OF
from one to i've years in addition to
fines from $1,000 to $4,000 for unjust
discrimination or false representa-
tions to secure business at less than
the tablished rate. Calling attention
to the fact that the Elkins act had re-
moved the Imprisonment penalty, he
GAINED that the effect had been d
rapid increase in violations of the law
He expressed the opinion that if con-
gress wanted to make the proposed
law effective it would reimpose the
imprisonment provision.
Senator Dolliver called attention to
the fact that there had been no con-
vfction under the old act, and said that
the change was made in the Elkins
law because of the general opinion in
congress that more could be accom-
plished by a penalty emitting the i'm
prisorment feature. Nevertheless he
intended to vote for the amendment
because he believed that the great
representatives of the property inter-
ests should be compelled to show the
same respect for the laws as the COM
mon People
He ssid that the president of great
railroad company had said te him that
the railroads could not be expected to
obey the law
Senator Bailey expressed surprise at
Nj. Delivers statement, saying that
If the law had not been enforced the
officers of the law were more to blame
than the offenders; they were. he said,
of the two classes far the more culpa-
Bile. Restore these penalties" he
said Put two of these rich offenders
in prison and their stripes will be an
example to all of their kind. After
they viii not obey the law let's put
them in the common jail where they
| viii be compelled to obey it
Mr.. Lodge offered an amendment
restoring the penal provision of the act
of 1887 as substitute for Mr.. La
Follette's amendment After further
! discussion Mr.. Lodge accepted as a
substitute for his amendment that pre-
pared by Mr.. Stone restoring the pen
sities of the old law in different form
/ than that of his own.
The Lodge-Stone amendment was
adopted by vote of 49 to 27 and the
! amendment as amended was then car
Tted by vote Of 73 to >, the two mega
tive votes being east by Senators Gal
Tiger and Pettus.
Senator Keene stated that he had
presented a substitute embracing the
recommendation of the committee ad-
ding the requirement that icing charges
shall be included in schedule of termi-
nal cost, and Mr.. Tillman withdrew
his amendment in the interest of the
Kean amendment. Opposition was
shown to the proposed amendment by
Senators Teller and Beveridge
Mr.. Kean finally withdrew his sub
stitute and Mr.. Tillman proceeded with
the presentation of the suggestion in
detail
A controversy arose over the com
mission suggestion requiring the sche-
IL
tion by water as well as by rail Mr..
Aldrich objected. contending that the
effect was to enlarge the provision of
the first section. and that it was there
fore revolutionary The amendment
was agreed to.
Mr.. Warren presented and the senate
accepted the amendments requiring
that in time of war preference shall be
given to the transportation of troops
and munitions of war.
Question of Rebates.
The question of rebates paid to ship
/ pers was then taken up. The question
arose in connection with an amendment
-offered by McCumber, providing that
any shipper receiving a rebate from a
carrier shall be fined to the extent Of
three times the amount. The North
4 Dakota senator said the amendment
was intended to prevent shippers from
continuing their practice of demanding
the discrimination saying that the great
! trusts were the principal Offenders
/ against this requirement He declared
that the trusts have the railroad in
4 their power and said:
I'VE have been very careful so far in
! this legislation not to interfere with
them" He amended his provision so
as also to impose the penalty of i'm
prisonmenG
It was agreed to without division. Fol-
lowing is its text:
ANY person, corporation or company
who shall deliver property for interstate
transportation to any common carrier,
| subject to the provisions of this act, or
| for whom as consignor or consignee any
( such carrier shall transport property
who shall knowingly or wilfully. by
/ employe, agent, officer or otherwise, di-
/ rectlv or indirectly, by or through any
means or devices whatsoever receive or
| accept from such common carrier my
! sum of money or any other valuable
consideration as q rebate or offset
| against the regular charges for trans
portation of such property. as fixed by
/ the schedules of rates provided for in
| this act. shall be deemed guilty of a
fraud. which is hereby declared TO be a
/ nisdemeanor. and shall upon convic-
i ton thereof in any court Of the United
/ states of competent Jurisdiction within
/ the district where such. ofense was
committed. in addition to any other
= penalties provided by this act, be sub
iected to d fine equal to three times the
sum of money SO received or accepted,
and three tunes Inc Ndlue OF any Olner
consideration so received or accepted.
to be ascertaiHed by the trial court; and
in the trial for such onense all such
rebates or other consideration so re-
ceived or accepted for a period of six
years prior to the commencement Of
the action may be received in evidence
and the said fine shall be three times
the total amount of money or three
times the total value of such considera-
ton 50 received or accepted as the case:
/ nrovidad that The ranaIfias shall moi