The Washington herald., 1907-08-20

them under the amendment to the inter
kins law supplanted.
The Elkins law was really an amend
ment to the interstate commerce ac,.
enlarging and making more effective the
procedure for prosecuting violations Of
The prohibitions OF that law and describ-
ing them in more comprehensive form.
il gave greater latitude in respect OF the
district where the offense would be pros
ecuted ana it made the company neces-
sarily responsible in a fine for the act Of
IT'S agents without other proof Of direct
completely than the agency. Under the
1879 amendment, however. the individuals
convicted could have been sent 20 the pen-
I tentiary. whereas under the Elkins act
the punishment by imprisonment was
taken away while the nne was increased
The chief effect the Elkins law had on
these particular prosecutions which have
been given SO much prominence, was 10
make il easier 20 convict the corporation
and TO Increase its fine but 60 save the
guilty individual perpetrators from i'm
prisonmcut
Railroads Favored EIkins Bill.
1t is well understood that the Elkins
bill was passed without opposition By.
and with the full consent OF. the railroads
and that the chief reason for this was the
elimination of the penitentiary penalty
for unjust determinations. The aboli-
ton of Imprisonment. as a possible pen
atty, was unfortunate. Experience has
shown that mere fine is generally not
enough 20 deter corporation from viola
ton OF the law, because il then becomes
a matter of mere business speculation.
The imprisonment Of two or three prom
nent officers of railway company. or a
trust, engaged in giving or receiving Sc
cret rebates would have a greater deter
rent effect for the future than millions IN
a fine.
In the rate BILL Congress amended the
Elkins bill and restored Imprisonment as
part Of the punishment for secret re-
bates. Had the rebating and dishonest
practices of the railroad companies and
the trusts been as clearly known to
Congress and the public, when the Elkins
bill was considered, as they We're when
the rate bill vas passed, the Elkins bill
would not have passed so smoothly.
do not wish to deCry the merits Of the
Elkins bill because, aside from its elm
ination OF Imprisonment rs punishment.
it IS most useful measure. but its. SCOPE
is so narrow in respect Of the regulation
Of railways that Il cannot be compared
in Importance OF operation and effect to
the rate bill. The increase by the rate
bill in the powers of the commission i'm
supervision, investigation, rate-ixing. and
effective order-making to prevent discrim-
inatiC1 is great
Ella Dorate machinery for making il diff
cult t. violate the law without discovery.
and for discovering violations when they
exist. and for affording affirmative and
mandatory relief in requiring railroads
to furnish equal facilities to all. Is found
in the provisions Of the new rate bill
Criminal prosecutions will continue to be
under the Elkins law. but as amended bv
the new rate bill This is because the
Elkins law, as amended, contains tho
part Of the interstate commerce. legisla.
ton which prescribes the punishment for
violations Of the law and so, in ordinary
practice, comes into operation after the
violations have been discovered under the
other provisions Of the rate bill.
Why Is Bill Opposeae
If the rate bill was likely to be a fail
ure and to accomplish nothing in the
regulation of their business. the query
naturally arises why did the railroads
spend so much money and SO great ef
fort to defeat it? Why was it, if it had
no effect, that in the interval between
the time Of its passage and its going into
effect there were filed with the Inter
state Commerce Commission more notices
Of reduced rates by the railroads than
ever had been fled in the previous twenty
years Of the life of the Interstate com
merce law?
It is true that later on many rates
were properly raised by the railroads be-
cause Of an increase in wages and other
cost Of maintenance. but I only cite the
prompt action of the railways on the
passage Of the bill as a recognition by
them of the Importance of the measure
and the increased power of the commits
sion
The rate law has not been in operation
year. and the beneficial results from its
operations. though clear. are not ready
TO be presented in statistical arrav
Moreover, the chief benefit of the act ig
likely 10 be its influence in Giseouraginr
attempts to renew the old abuses. and