The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-05-16
AIRED a Rebates.
cREEFFecTlHE sLEGiSEHTt0N
OBSERVATION-DISCLOSURES
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ETOms IoSa->SHsio. 4i2iies-t
I, II has escaped The general pstbic
attention that the stern spirit In which
the Senate has debated and amended
the Hepburn bill within the last few
days is due TO the fact that the ground
Of the contest has been SHIFTED AID Z
new position taken
Ra1e-dxing has occupied a place =
the background, and the punishment
of rebate giving has come 70 the fore
Upon that radicals. and conservatives
are substantially II agreement. az he
successive votes show
The stif work that has bee:: done
during the presen- week IL increasing
the penalties of the bill is tire, there
fore. not to the triumph 81 the "radi-
GALS over the conservatives, bat
to the taking up OF questions as 20
which they were Eot very far apa--
Turned 20 Rebates
The change came when tt.c corst.:tu-
uonal lawyers of The Senate wor their
fight for court review The AiIsor
amendments have the effect OF bring
ing the bill into accord with their
views OF Just ana constitutional pro
cedure-
When the assent of the Republican
majority had been given to those
amendments the subject-matter OF tie
long controversy was disposed OF
This made it possible for both sides
10 unite in formulating and voting
Amendments relating to the punish
ment OF giving and taking rebates
This is not new lesis1ation-it is mere
" strengthening legislation already IN
force. as to the propriety Of wnica
there is substantially no dispute
Aims at Heart of Evil.
The SIcCumber amendment and the
Lodge amendment make the way OF
the way of the rebate trarsgressor
hard indeed
Senator AIcCurber drives a shaft
into the very heact of the rebate evia
by his amendment providing that the
receiver of the rebate shall be deenl-
ed guilty Of fraud which is hereb7
declared to be uisdemcanor' pCc-
|ishable upon conviction. by fre eqaai
Ito three times the amount of the re
bate.
The amendment also extends The
Statute of Limitations 10 period SIX
years prior TO the commencement o.
the action
/ II is undoubtedly TINE that IN the
efor TO -ger business" railroads have
lin inaumerable cases offered i1dCce-
mems TO shippers in the form Of re-
bates. The practice IS not Only III
lawful. but 1t is wrong 20 the stock
holders Of the road.
a Great Wrong.
j But far greater wrong IS the ex-
tortioo of rebates by corporations biz
and powerful enough TO force the rail
roads to grant what they ask.
For in this case the secret lower
rate enables them TO desto y their =
walls and build up monopolies-
That is the chief public wrocg OF
unfair Discrimination Senator Nc
Cumber's amendment viii have ter-
dency to make corporations much less
eager in pursuit Of these Illicit faro1s
The Lodge amendment restoring TO
the law the penalty of Imprisonment
struck out by the EIins act. has the
plain justification OF the fact that the
4 law as it now stands is not sufficient
lily deterrent.
The evil has gone on, If not unchcck-
ed, at least uncured-
| Mr. Garfield reports that the Stac6-
ard on Company has received rebates
/ almost up to the present time
4 1t may be that greater. diligence OF
the part Of the prosecuting cGce-s
of the government would have made
the law effective: it may be admitted
too, that the restraining force Of >
law is not always Increased by adding
to the severity Of its penalties
Less Inclined to Take Risk
i But men of common sense would
hardly doubt that in the face OF ve-y
4 much aroused public opinion and with
government officials more alert in fer
reting out violations Of The law and
beginning suits. the common carriers
OF the country will be much less H.
/ clined to take the risk Of granting
unlawful rebates that L detected
would not only involve heavy money
loss, but the really serious inconveH-
ience OF a sojoun in prison
The Hepburn bill, which, according
to the intent of its authors and CHIEF
promoters, whose IDEAS were obedient-
~ ,ocar+a5 hy Tho Eo.,Se was tn be