The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1907-08-22

millions in fine
I'm the rate BILL congress amended
the Elkins bill and restored imprison-
ment as part of the punishment for
secret rebates. 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 con-
sidered as they we're when the rate bill
was passed. the Elkins bill would not
have passed so smoothly.
"T do not wish to decry the merits
OF the Elkins bill because. aside from
its elimination of Imprisonment as
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 import
ance of operation and effect to the rate
bill. The increase by the rate bill in
the powers of the commission in super
vision, investigation, ratefixing and ef
fective order-making to prevent dis
elimination Is great Elaborate ma
chinery for making II difficult to vio
late the law without discovery and for
discovering violations when they exist,
and for affording affirmative and man.
datory 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 EllSins law, but as amend.
ed by the new rate bill. This is be
cause the Elkins law, as amended, con.
tains the part of the interstate com
merce legislation 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 pro-
visions of the rate bill.
y Why Such Railroad opposition7
"If the rate bill was likely to be a
failure 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 effort to defeat It? Why was It,
! II II had no effect, that In the interval
! between the time OF its passage and
It's going into effect, there we're filed
with the interstate commerce commits
sion, more notices of reduced rates
by the railroads than ever had been
| filed in the previous twenty years of
I the life of the Interstate commerce
| law?
Attitude Of Count Toward Rate Bill.
The passage ol the bill was taken
the country over. and properly taken
as a most important step toward the
suppression of abuses which had
| grown up In a period of tolerant pros
perity. IL was thought to be an effec-
tive cure of the arterial system of the
country which had become poisoned by
dishonesty, injustice and fraud. IT was
a great solace to the conscience OF
the country outraged by recent revela
tions of railway and trust manage
ment. Passed at the instance of Mr.
Roosevelt, itStands as a monument to
the principle which he has incessant
ly maintained in speech and action,
that the laws must be so made that
they can be enforced as well against
the sins of the wealthy and the power.
full as against those Of the poor.
Error Of Mr.. Bryan.
"Mr. Bryan contends that the law
was greatly weakened in authorizing,
or recognizing judicial intervention TO
restrain the orders of the commission.
The criticism has not the slightest
foundation. There can be no judicial
annaal In 10 pat,,ra - a notn plata y.,-
view on the merits from the commits
sion to the supreme court or to the
circuit court of the United States, for
the commission Is not a court of first
instance, but only mere administra'
tive tribunal.
Amendments to Rate Bill Needed.
"The rate law does not go far enough.
The practice under 1t has already dis.
closed the necessity for new amend
ments and will doubtless suggest
more. Such is the true method-the
empirical and tentative method-of
securing proper remedies for a new
evil. The classification Of merchan-
disc for transportation Is a most i'm
portant matter In rate fixing. for by
a transfer from one class to another,
the rate Is changed and may work in
Justice. With the power Of rate fixing,
1t would seem, should 90 the power In
the commission to classify and to pre-
scribe rules for uniform classification
by all railroads.
Recent revelations have emphasized
the pernicious effect Of the so-called
over-capitalization OF railroads which
aids INSCRIPTIONS stock manipulators
In disposing Of railway securities 1t
unreasonably high prices to innocent
buyers. This evil would not of itself
justify federal restraint or control, be-
cause such stock and bonds are usual
ly issued under state charters. The
practice, however, has a tendency to
divert the money paid by the public
for the stocks and bonds which ought
to be expended in improving the road