Every evening, Wilmington daily commercial., 1906-05-11
AlsclLl.ANEous RnooRn
Tho Inw nd Robntaa.


The Law and Rebates.
From the frantic desire Of the admins
tration 10 secure the passage Of a law to
regulate the rates Of freight to be charged
by railroads, and the tone Of many Of the
speeches on tho measure, It might be in-
ferrcd that there was an entire absence
Of any law by which the evil Of discnmi-
nation and secret rates could be reached
and offenders punished
But there Is law-ample and effective
and the administration has just begun 30
realize its existence and 20 act In accord
ance with rs provisions Proceedings
have been taken against the New York
Central Railroad. and in relation TO
charges of determinations and secret
rates contained In the recent report Of
Corporations Commissioner Garfield,
President Roosevelt felt constrained 10
say: "The Department Of Justice will
take up the question Of instituting pro-
ceedings in at least certain Of the cases."
That the administration should have
proved dilatory in the matter Of enforcing
existing laws is not surprising. There
was at one time in the Presidents official
family q man who was accused of having
permitted illegal rebates by the traffic
department of a railroad over which he,
as second vice-president, exercised super
vision II was charged that as a result
Of the rebates thus countenanoed,h If not
authorized-by this man who later be-
came a member Of President Roosevclts
cabinet, one corporation was largely bene-
iited, while o competing corporation was
financially ruined Blu { when these
charges were laid before the President he
whitewashed his cabinet officer and re-
fused to institute proceedings against him.
And so IL is that the administration
raised q clamor that there was need of
government control or regulation. Of
railroad rates, ia order 70 meet the evils
of determinations, secret rates and re-
bates. and set itself to the task Of securing
legislation to this end But recent events
have shown that such legislation is not
necessary, as existing laws provide for
bringing to the book an railroad officials
who permit these illegal acts TO be
done More than that, existing law will
reach those who benefit by the illegal dis
examinations in rates which may be ex-
tended to them by the railroads "If
any such person [shipperl or any officer
or agent of such corporation or company,
says the Interstate Commerce law, shall.
by payment Of money or other thing of
value solicitation, or otherwise, induce
any common carrier subject to the pro-
visions Of this act, or any Of It's officers or
agents. 70 discriminate uniustly in his,
It's or their favor as against any other con-
sgnor or oonsignoe in the transportation
Of property, or shah aid or ahet any COM
mon carrier in any such unjust discrimi-
nation, such person, or such officer or
agent Of such corporation or company.
shall be deemed guilty Of o misdemeanor,
and shall, upon conviction thereof in any
court Of the United States of competent
jurisdiction within the district in which
such offence was committed, be subject
to a fine Of not exceeding $4,000, or im-.
prisonment in the pentitentiary for n
term Of not exceeding two years, or both
in the discretion of the court, for each
offence"
SO It viii be seen that the law makes
the shipper guilty, as well as the carrier,
and provides suitable penalties 20 be inn
posed in the event of conviction follow
ing prosecution. And yet. with such
complete facilities IN law for prosecuting
what Is now charged to be q grave OWL
the administration has been dovoting rs
energies towards securing legislation that
would practically place tho freight carry
ing business of the railroads under gov
eminent control instead of moving
vigorously against an offenders shippers
and railroads alike-who violate existing
laws. which arpear 10 cover every branch
of the subject and TO provide sufficient
penalties.
The probabilities are that when the Hep.
burn Rates bill gets through Congress II
viii be in such a shape that the lawyers
viii be able 70 punch u lull Of holes and
thereby hold up indefinitely all prooee a.
ines instituted under It's provisions. vii
the administration then engage in
windmill campaign Of trying 10 make tn,
detective law good, or will Il resolutol,
enforce existing laws, which seen
sufficient for all purposes