New-York tribune., 1906-05-11
MORE BLOWSAT TRUSTS
RATE BILL STRONGER.
SeUere Penalties for Taking Rebates
-Mr. Spooner's amendment
rFrom The rribune Burean. J

~ FUOiGCf <iUtCttAHtOWOr
rFrOn The Tribune Bureau.I
Washington. May 10-AIr. SpOOner introduced
in the Senate to-day an important amendment
TO the Hepburn bill. which has the hearty ap-
proval OF the President, and which, if adopted,
viii prove a strong deterrent to attempts on the
part of carriers to proIong litigation following
decisions Of the Interstate Commerce Commis-
sion with view to eyading its orders.
Mr.. spooner's amendment prohibits the grant
ing Of any interlocutory decree setting aside or
suspending an order Of the Interstate Commerce
Commission without the requirement that the
appellant shall pay into the hands OF the court
money collected in excess Of the rates ordered
by the commission or file bond in such sum
as the court may prescribe, but suf1cient TO re-
fund the excess with per cent interest to the
shippers It is further provided that if the order
Of the commission is sustained such excess shall
be returned to the shipper, together with inter-
est at the rate OF per cent. While litigation is
pending the appellant is required to furnish
statements of the excess which he is collecting
and TO increase the bond given IL so required by
the court.
Further provision is made in the amendment
for the refunding of such excess charges 10 the
person who may have in effect paid them, even
though that person may not be the actual ship
per, so that. for instance. in the case OF ele-
Yators purchasing grain from the farmer at a
prize tleteriniled l., The freight 70 some central
market the farmer would receive the benefit OF
the order OF the commission instead Of such
benefit remaining with the elevator company.
Another important provision Of the amendment
deals with the practice. hitherto common.
whereby carriers have failed to present their
cases in full to the commission. but have awaited
the review of the court to present their defence.
he iDfrOductiOO
in court of new evidence by the complainant
carrier shall be followed by the submission Of
such evidence to the commission which may
then at its discretion rescind modify its deci-
sion in accordance with the evidence. If the
commission so rescinds or modifies fits order the
action shall be dismissed by the court. The
Spooner amendment provides remedy for three
great evils not covered by the Hepburn bill in
its present form and in a manner which Will, 1t
is believed, prove most acceptable to the advo-
Gates of the bill. as it has proved to the Presi-
dent.
MADE STILL MORE STRINGENT.
With what DR.. Gallinger described as "deplOr-
able hysteria," the Senate proceeded to-day TO
add materially to the stringency Of the Hepburn
bill by adopting Senator Lodges amendment, re-
storing the penal clause Of the interstate COM
merce law, which was repealed by the Elkins
act. and by adopting the amendment Of Senator
McCumber imposing a penalty Of fine and i'm
prisonment against shippers who secure rebates
from transportation companies. The amendment
was incorporated for the avowed purpose Of
hitting the trusts. Following is the text:
Any person, corporation or company who shall
deliver property for interstate transportation 70
any common carrier, subject to the provisions
of this act or for whom. as consignor or con
signee, any such carrier shall transport prop
erty who shall knowingly and wilfuHy. by ern-
plOye. agent officer or otherwise, directly or m
directly by or through any means device
whatsoever. receive or accept from such COM
mon carrier any sum Of money or any other
valuable consideration as a rebate or onset
of such property. fixed by the schedule Of
rates provided for In this act. shall be deemed
guilty of fraud. which is hereby declared TO be
a misdemeanor, and SHALL upon conviction
thereof In any court of the United States Of
competent jurisdiction within the district where
such offence was committed. in addition 10 any
other penalties provided by this act. be sub
jected to a fine equal 10 three times the sum Of
money so received or accepted and three times
the value of any other consideration so re-
CeiVed or accepted, TO be aScertained by the
trial court; and in the trial for such offence ali
such rebates or other considerations so received
or accepted for a period Of six years prior to
the commencement Of the action may be re-
ceived i'll evidence, and the said fine shall be
three times the total amount of money or three
times the total value of such considerations re-
ceived or accepted. as the case may 6e. FRO
vided, that the foregoing penalties shan not
apply to rebates or considerations received prior
to the passage and approval OF this act.
After the adoption OF numerous amendments
offered by Senator Tillman which were vir-
tually committee amendments. Senator La Fol-
Iette moved the adoption OF his amendment
which provided penalties for infringement OF
the Interstate Commerce law as follows: Inn
prisonment Of not more than five years and
not less than one year. or fine of not to exceed
$4,000 and not less than $1,000. Senator
Lodge then offered his amendment as substi-
tute Senator Stone urged the adoption Of his
amendment which was Identical with the Lodge
measure, except that it specified the penalties
provided by Mr.. Lodge but which the latter
accomplished by merely re-enacting the section
repealed by the EllIns act. Mr.. Lodge accepted
the Stone amendment, which he offered as a
substitute for his own. and IL was adopted by
the Senate by a vote OF 80 TO %. despite Mr..
Continued on second page.
TAw0 TEI EpF40NE SYSTEMS IN NEW YORK