The Montgomery advertiser., 1907-08-20


 in fine for the act of it's agents, without other proof of direct complicity than the agency. Under the 1883 amendment, however, the individuals convicted could have been sent to the penintentiary whereas under the Elkins act, the punishment by imprisonment was taken away while the fine was increased. The chief effect the Elkins law had on these particular prosecu- tions which have been given so much prominence, was to make 1t easier 70 convict the corporation and to increase dividual perpetrators from imprison- ment.
 Favored EIIxlns BiIi.
 Tt is well understood that the Elkins bill was passed without opposition by. and with the full consent of the rail- roads and that the chief reason for this was the elimination of the penitentiary penalty for unjust discriminations. The abolition of Imprisonment, as a possible penalty. was unfortunate. is generally not enough to deter cor poration from violation of the law be- cause 1t then becomes matter of mere business speculation. The imprison- of railway company, or trust, en- gagged in giving or receiving secret rebates. would have a greater deterrent effect for the future than millions Tn fine.
 sTn 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 clear ly known to Congress and the public, when the E1xins bill was considered, as they were when the Rate Bill was passed. the lkins bill would not have passed so smoothly.
 T do not wish to decry the merits of the Elkins bill because, aside from it's eiimination of Imprisonment as punishment, 1t is most useful meas ure, but it's scope is so narrow in respect of the regulations of railways that 1t cannot be compared in impor- Rate Bill The increase by the Rate Bill in the powers of the commission in supervision, investigation. rate fix ing and effective order-making to pre- vent discrimination Is great. Elaborate machinery for making 1t difficult to violate the Iss- without discovery and for discovering violations when they exist, and for affording affirmative and mandatory relief In requiring rail- roads to furnish equal facilities to all, Is found in the provisions of the New Rate Bill. Criminal prosecutions will continue ts be under the Eiklns law, but as amended by the new Rate Bill. This is because the Elkins law. as amended. contains the part of the, in terstate commerce legislation which prescribes the punishment for viola tions of the law and so in ordinary practice, comes into operation after the violations have been discovered under the provisions of the Rate Bill failure and to accomplish nothing l in the regulation of their business. | the query naturally arises why did the railroads spend so much money and go wss Srss sif0ft has no estsas effect ~ that is the interval between the time of it's passage and 1t going into ef- | feet, there were filed with the Inter- state Commerce Commission. more no- l tices of reduced rates by the railroads than ever had been filed in the previous l twenty years of the life of the inter state commerce iawf
 Not shown in Statistics. '"vhe rate law has not been In eper- ation a year. and the beneficial results from it's operations though clear, are not ready to be presented in statisti- | cal array. Moreover, the chief benefit | of the act is likely to be its influence | in discouragtng attempts to renew tho old abuses and such benefits do not ap- feet of the act has certainly been to compel railroads to regard the commis- l sion now as the important tribunal l whose views they must fellow. They are manlIestfn& every outWafd aispo- sition strictly to comply with the law l and to avoid prosecution or complaint, | The time has gone by in which the act- | Ion of the commission can be ignored ar laughed at. The commission itself l has taken up it's duties with renewed 1 energy. has proceeded. without await 1 ing the intervention of the railroads or the fling of eomplaints, to e0nstrue the | act by administrative rulings. in order | to assist the railroads In complying | with the RW. with the large powers l for correcting evils. which the commis-