New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-05
RAILROAD REBATES.
Proposed Plan Whereby They Can Be L.
gally Prevented.

To the Editor OF The Tribune
Sir: Rebates secret crimes usually kno 1'I
only 70 the shippers and the officials OF me Fa1i-
rood .-1Attornev Generals annual report
.Odicials have declined to render the only assist
ance that could be Of the slightest value me TUT
nisning of evidence proving the ofenoe-
report of Attorney General
1.-THE best regulation Of rates would be an honest
agreement of railroads themselves TO carry out the
law."-CPresidents message
How soon VIII the persons the Attorney General
describes become as wifuly honest as the Presl-
dent describes?
..Confer on the government the right Of civil ac-
ton against the beneficiary of the rebate for at
least twice the value OF the rebate this would help
stop what IS really blackmai '--(Presdent's mes
sage.
Now. beg leave to suggest something at least
different IN principle from what has historically
and naturally. reasonably. utterly failed in the
past. along the lines of the following;
AN ACT
To prevent practices Of corrupt discrimination by
section S551loI That from and after the passage Of
this act any IatgF 9 or arnf to pesSo ooon
carrier as any railroad, railway, gas water eiec-
shah gfye. grant or deliver or offer. propose or
consent to give grant deliver to any person any
1T advantage or consideration BY way OF Eenatel
or any service at any aSSTilal f 81 reaaonabe
ordinary rate Of charge for like service. or Tor
s6na6ly similar and reasonably contenporaneous
seryice the person receiving or so offered such
fscri-7in atorv benefit shall have an tndeIeaslols
right OF action law in any Court OF Common
Pleas against such common carrier, ana 20 Ie-
cover DAMAGES from the same By way OF punisn-
nent and example TO be assessed in the dlscreto.5
Of the i,rz, Of not less than ten times nor more
than one hundred times the value OF suCh as
crininatory benefit given, granted QellveTef11
or offered or proposed or consented TO, Plus az
PToyided Is That one-half of the right and inter-
est in arv such action shall be vested in the treas
iTrar Of the commonwealth, and be lnseperape
from the whole right Of action tndivisibis ana IN
COMMONWEALTH until after verdict rendered.
Provided ~ That this act snail not dpp!y u
ennIoves being regularly and properly ana eN,
Cirsivev within the line OF service ana pay ana
mon the payrolls OF any such common carrier
and the burden of proving such defence, II mace
shall he upon the defendant.
Provided as That no verdict for plaintiff under
his act shall sustained upon the unsupported
oath or affirmation Of plaintiff without some othsF
evidence.
Jared into at any time before verdict of jury rem
6ered Intended TO defeat, waive. forfeit postpone
release or extinguish any action or right OF ectlon
under this act. shall be void =
Provided That the remedy nereill- pEoV41o1
shall not be exclusive Of any other, rerneo
Sec q All acts or parts of acts IN SO ar as tIl5
same are Inconsistent with this act are hereoy re-
pealed.
The United states Supreme Court has lust Upheld
The principle of the Ohio statute giving right to re-
cover money lost IN gambling en4 exemP "a gam
Philadelphia, Jan 2 1903