8
THE OMAHA DA I Li BEE: SUNDAY, FEBRUARY 5, 1903.
YARD WIDE
Bleached
Muslin
worth 7c yd.
GOOD BLEACHED
Muslin
Various grades, T)JL
a yard a 2V
OTHifnmfnni)ingn
ST f t-v rf
3
MILL LENGTHS OF
IMPERIAL
Long Cloth
Not. 400, 500
and 600, at yd.
7ic
Mercerized
Silk Crepes,
Worth 39c Yard,
Mill Lengths fl jffc
ot.yard MJ)C
Special Sales of New Spring Silks, Dress Goods, Embroideries
Spring's New Dress Goods Arrivals
Brandals' styles In dress Bluffs ara chosen for their exclusive weave A fash
ionable exoellence. We carefully searched the .best available markets for
the highest class and most fashionable fabrics that will be worn this 6pring
New Voiles Fabrics for shirt waist suits
and sdapted for any style of dress. The mod
ish Shepherd Checks, all shades of wire cloth
?Cr Itrl T'!Z.. 75c-85c$l I "1.50
Silk an J Wool Crepss, Chi (Too Ondule sod
Chiffon Crepes, the richest tone of brown,
new shade of green, pansy, lis tl.l. 2J. I 10
da vln, Matelot, cream, black l.7
New Waterproof Cloths 54-Inch oxford
and tan rain proof dress cloths in, an A Kt
1.60 and fl.75-Monday, yard uyc al,u
Panama Cloths The bent wearing cloth
known, every color and style Tartans, Shep-
yid k: . e.,.'.'. .!' ...,49c-69c-89c$M.25
flotialrs and Sicilians now Melanzea, rich
.ri.cnasrd1".a.?!,:.:!.,.c:...9c-69c-$i rs 2.50
On Bargain Squares
i.000 yds. summer silk crepe eol
lennes, 7,000 yds. silk eolienncs.
plain and fancy, regular selling
price 60o and T'x; a yard.
Kverv color, white,
crram and black, J it.
at, a yard V
Wash Dress Goods ii Arcade
New Damask Linen Suiting, all colors,
per yard ,
New Melange Olace Linen
per yard ,
Sheer Linen Suiting. 13 Inches wide and
all colors, per yard
White, Linen, lawn and gause linen
per yard
Batistes In double
49c
25c
49c
39c
atlstes In double width, plain colors and JO
also embroidered tissues, per yard
New Pongee Alhertlna. stylish shirt waist JO
cloth, dainty tones, also. black and white
White Press Linens at n
per yard J"t
Sheer Irish Linens
per yard
French Linen Voiles, 48 Inch,
per yard '
On Bargain Squares
All the dress patterns and
broken bolts o f Panamas,
voiles, etamlnrs, mohairs, flnc
Imported cloths, also suitings,
etc., have sold at
$1.75 a yard, at,
yard
49c
49c and 59c
.. .... 125
Ort Bargain Squares
Jobber's entire stock of bro
ken bolts. All the new spring
styles Sicilians, Melanges,
Panamas, Oranltes, Voiles,
Silk Crepes. " f m g
.lcVaw?..5c-69c
Stylish Spring Novelties in Silks
Fashion decrees that silk shirt waist suits will reign in popularity during the coin
ing season. We have anticipated the demand for exclusive original patterns and our
counters show a must charming assortment of the seanon's most fashionable silk. We
mention specially
The New Bungalow. Rajah, Burllngham, LsJunglo anJ the New Sacking Pongee,
In tho unique weaves and dainty colorings white, cream, chartreuse, enfe au lit it.
etxiuelicot, matelot, etc 1
For practical thirl wiist uitings vol tiw t'n niwut Hen in M nUnz and Chiffon Taffttaa
all the soft clinging effectt, voithjitst the correct textile quality for ipriny cnt.um.t.
SPECIALS IN MAIN SILK DEPARTMENT
2,000 yards of whito Habutai silk, 25 inches
wide for waists, party dressei, etc., never
sold for less than 50c a yard,
Shirt Waist Taffeta Suiting, 27 inches
wide, in neat small effects, never s. Id at
las than $1.23,
lUb
at a yard Jj . at a y
Bonnet Black Taffeta Silks We are sole agents in this vicinity for this world f0
renowned silk fully guaranteed to woar Special for Monday, 27-inch silk that Bf(
usually soli for $1.50 a yard, a yard .
Double Width Crepe de Chine An elegant 45-inch pure silk orepe now selling in PA
Now York at $2.50, black and colors, bargain square M mday, a yard ,Df
Bargain Squire filled with b'oken bolts
Bargain Square filled - with thousand of
yards of new silks that regularly sell at
$1.50 a yard LouUeoc, Shantungs, In
vUiblo checks and tninatui-e pUius. shirt
waist silks, 3b inches black lane-
tas, dainty, white silks, etc., at.
69c
from one of New York's bos jobHsr. also
singlo dress patterns, choice of this sea
son's shirt waist suitiugs, worts im t
f 1.2o a yard, J,Q
a yard at
GREAT EMBROIDERY SALE
Thousands of Odd Lots aiid Sample Pieces of Embroideries
from a Great Switzerland Manufacturer.
We bate just received a shipment of thousands of yards of fine
embroideries in factory ends, from one of the greatest Swiss
factories. This lot comprises
Embroideries, Insertings, Bands, Galloons
All widths, including many extra wide scores of patterns Ji nest
Nainsook Cambric and Hamburg IP ,
worth vp to Joe a yard, P"2C" J Cll '
lit i yufi
Extra wide flouncing: and corset cover embroideries beautiful
pattern!-, fresh from the custom house, worth up C C
to 75c a yard, at IJI'JC
SPECIAL SALE OF LACES MONDAY
Great new lots of laces and inserting, Point d'Esprit, Vala,
Sevdla Torchons, Clutiys. Point de Paris, etc., in all widths,
fully worth up to a yard, Zl T t(n
id uw-ivivw
at,
Ladies' gg Suits at $6.90
If TUT" I V
Hundrcils of stunning, up-to-date,
winter tailored suits, as
well as a sample line of styl
ish spring
suits actually
worth up
to $3,r.(H
at
3
FUR SPECIALS .
Ladles' $12.50 Fox Scarfs
at
Ladles' $15 Fox Scarfs
at
Ladles' Z0 Fox Scarfs
at
Ladles' $25 Fur Scarfs
at
Ladles' !60 Astrakhan
Jackets at
4.98
6.98
9.98
12.50
..$25
Winter Cloak Specials
Ladles' $15 Winter Clouks 4Q8
Ladles' $20 Winter Cloaks (),Q(3
Ladles' $26 Winter Cloaks QaQ
Swell new Tailored Suits for Spring all the novelty spring
i tot.h". "?.d. .!.le. .'T.a.t."r.e.,!7 1 4. 85-1 9.00-24.50 u p to $45
NSw,.!ep.r,a 1.25 up to 4.98
mSSSt... .'9.98 and 12.50
New Spring Oolf A Oft I Spring Covert Q QQ
Skirts Jackets
SPECIAL ITEMS FOR MONDAY IN THE
DRAPERY DEPARTMENT
At the main curtain department we place on sale a lint
of Japanese Crepe, an imported crepe In beautiful Japanese fan 4 f
pattern, in exquisite tinted effects, just the thing for long and
short klmonas, den draperies, and sofa pillows, at per yard v
Ruffled Swiss Curtains In
dots, 6guresand stripes, 40 inches
widef 3 yard loug, C Q .
f
A new lot of French Striped Por
tieres, 60 inches wide and 3 yards
long, heavy fringe top and bot
tom, ten different styles, y Cfi
at, per pair i.D3
at, per pair.
Irish Point Door Panrls Lar ge line to select from, worib up to T f0
$1.25, go aw each JJC
We are showing for the Srst time a new spring line of colored
and fancy scrims, just the thing for halls, dining rooms and Aw(
libraries, at, per yard
SPECIALS FOR MONDAY ONLY
Couch Covers These are three
yards long, 69 inches wide, fringed
all around, and go II Ma
JUt
at, each.
Best Oil Opaque Window Shades,
3fl inches wide, 7. feet long, In all
colors, on best spring XC
rollers, at, each J JC
CARPET DEPARTMENT SPECIALS
We place on sale tomorrow 50 made up carpsts. Thess are
made from remnaats of Wilton, Velvet, Axminster, and all
grades of Brussels carpet. The rugs are in every conceivable
size, most of them with borders to match, and some with odd
border.
On account of being made up of remnants, they are very
much under the regular price, and well wortn your attention.
We place on sale, as long as the present stork lasts, the best grade
Axminster rugs in 9x12 size. In beautiful Oriental and Floral patt.-rns,
suitable for libraries, dining rooms and parlors. These CO
rugs were made to sell at $33. as long aa the present ZLttw
stock lasts we offer them at
SPECIALS I!N SHEET MUSIC SECTION
Watermelon for Mine Fighting for the Cause of Old Japnn (new) Life
Alnt Worth Living When You're Broke (new)-Alexander Tcasing
Amy (new) I Was Only Fooling (new) My Indian Queen In a Sleigh
With tho Oirl You Love My Queen of Love (new entimental song)
Blue Boll Come Home Soldier Boy When tho Sleigh Bells f
Sweetly Chime. INSTRUMENTAL Cosmopolitan Two-Step (new) I "J O
Satlslied Xorthern Lights Waltz St. Louis Tickle, at
Mail Orders promptly filled Postage lo per copy extra.
SOME EXTRAORDINARY LINEN BARGAINS FOR MONDAY.
25c Full Bleached 60--lnch
' Table Damaak,
at, yard
nu
Salt Bleached Trish Table
amask, at, yard.,,
75c all linen, Full Bleached
Scotch Satin Damask,
at, yard
15c
25c
49c
$1.00 extra fine all linen Bleached
and Silver Bleached Table
Damask, at, yard...',
$2.50 quality all linen, round thread em
bo sued Silver Bleached f
. Dinner Napkins to close I S
them out dozen '.,....'
7V4c Huck
Towels.
at, each
69c
3icl
26c Huck and Damask T.lnen
Towels, that are somewhat
soiled, at, each
10c pourous and nonirrltant
Sanitary Wash Cloths,
at, each
Oue big lot of Spochtel Scurfs and Shams,
actually worth up to 39c, f g
while they last, IIIC
at, each VW
10c
3k
60c hemstitched 18x45 Linen
Scarfs, with drawn work,
at, each ,
$1.60 hemmed and hfmstitched
all Linen Table Cloths,
at, each .
One big lot of fine Pattern Table Cloths,
worth up to a.uu. xnese
cloths are all linen and all
makes, at, each
25c
98c
, r I. st ha
2.98
Men's $25 Suits and Overcoats $6.90
Entire Retail Stock of
Whipple & Co.,
31! B aadwny, N. Y.
Crowds of buyers who vltilted
our siilis .vcstoiilny (leolnrod it the
higgrst biirgaln success in Oiunhn's
history. Clothing that Is easily
worth .2."i. sold at .?i!.!t(i. Monday
will he another great day. Plenty
of the very hest milts and overcoats
remain. Your choice of these over
coats and suits worth up to S25
ot
100 Calling Cards 39c
Printed in a few minutes.
IN THE ARCADE.
CONTROL OF THE RAILROADS
I reddest Stickney FsinU Out Dsfacts in
Existing Itatuttt,
GOVERNMENT ALONE CAN REGULATE
Vis Shippers Get Many Favors
t'nder Present Conditions, bat
Ranted? is In Hands
of Coagrc...
WASHINGTON. Feb. 4.-At a meeUng of
the Washington Economic society last night
President A. B. Stickney of the Chicago
Qraut Western railroad was the principal
peaker, nB theme was "The Defects of
the Interstate Commerce Lw'' and he said
among other things:
Prior to the enactment of the Interstate
commerce law the government exercised
no supervision over interstate railway
rates. The senate committee which pre
pared and reported the bill said "that this
unrestricted policy had produced the low
est average rates known lu the world, but
that such rates had buen attained at the
coat of the most unwarranted discrimina
tions In the collection of tolls, the effect of
which had been to build-up the strong at
in. rpniBo oi uie wrcut, to give tne large
dealer an advantage over the small trader
auo to tnrow tne commerce or the country
mora and more Into the hands of the few. '
In explaining the bill when introduced to
the senate the chairman of tho committee
said : v
"The provisions of the bill are based upon
the theory that the paramount evil charge
able against the operation of the trans
portation system of the United States, as
between persons, places, commodities or
partloular description of traffic. The under
lying purpose and aim of the mean lire la
the prevention of these discriminations."
It is therefore evident that the prime
purposn of the law was not to deplete the
revenues of the companies by reducing
the average rates, but to mnke the schedule
of freight rates more euulluhlo bv reiiuc.
Ing some rates which wive too high and
Increasing others which wcro too low, und
by abolishing free passenger fares, and
9
Cures Colds and
For .the Grippe, taUo "7."
For a Cold, take "77."
For Influenga, take "77.
For Catarrh, take "77."
For tore Thrmit, take "77."
For Loss of Voice, take "77."
For a Cougli, take "77."
For a Sore Chest, take "77."
For a Chill, take "77,"
If you liave any of these trouble. Dr.
Humphreys' "Seventy-seven" la the rem
edy aud euro neled. "77" will break
VP the Grip or Cold and prevent nn at
tack of Pneumonia.
At Druggists, S cents, or mailed.
Humphreys' Humm Medicine Co., Cor.
William and John Street. Nsw Tors.
thereby preventing all kinds of unjust dis
criminations. As all the purposes of the law relate to
the schedule of rates, and as none of the
purposes can be accomplished without a
schedule, it seems evident that the most
serious defect In the law is Its failure to
authorise the commission to make a sched
ule of interstate rates.
A schedule of definite rates which the
law should declare reasonable and just
would be enforceable, because of certainty;
while the words of the present law, that
"all rates shall be reasonable and Just, and
that every unjust and unreasonable charge
1 prohibited and. declared to be unlawful,"
are rhetorically grand words, but as en
forceable legislation the language may be
regarded as void for uncertainty.
Law Well Devised.
The Interstate law was not a hasty
enactment. A very able committee of the
senate occupied more than a year in col
lecting facts and opinions of all classes of
the public In all sections of the country
and the committee considered and discussed
at considerable length the advisability of
giving the commission authority to make
such a schedule of rates.
At that time there was an objection to
such authority being vested In the com
mittee, growing out of court decisions
which have since been modified.
The committee, in concluding not to au
thorize the commission to make a schedule
of rates, did not, however, seem to be In
fluenced so much by the construction which
the court had put upon the law as by an
overpowering sense of "infinite labor and
Investigation ' which it would Impose upon
a commission wanting In "exact knowl
edge" of the supposed mysteries of rate
making to make a schedule of rates for all
the railways of the country. These are
the principal objections which ars raised at
this time against conferring such authority
UHI (lid CUllllIllBtMUIl.
In considering this matter It should bs
understood that the commission would not
make a aejiorate schedule for each rail
way. The practice of each company mak
ing Its own schedule is the chief cause of
the present confusion in Interstate rates,
because there are a many opinions upon
the details of a schedule as there are men
engaged in making schedules.
Now, the commission having authority to
make all the rates, would have no such
Ulfflcultles. The commission would not
make ratea for each railway, but only one
schedule for all the railways.
The difference in the cost of carriage be
tween long lines and short lines, between
roads of nigh grades and roads of low
gradts, which is made so much of in op
position to such a schedule of rates, does
not enter Into the schedule question,
whether made by Individual railways, by
association of railways or by 1 commission.
So Sentiment in Business.
There is no sentiment In business. The
only condition upon which a long line ot
high tirades can get competitive I raffle to
haul Is tliat It will haul It at as low a
iate as the short line or the
line of the lower grades. The dis
advantage pertaining to the long
lines and to lines of high grades must be
oorne by the proprietors of such lines, and
it is beyond the power of legislation, nitd
beyond the power of the schedule of rates,
whether mad by commissioners or by ex
pert traffic officials, to prevent it
The evident advantago of only one sched
ule, to be consulted by shippers and traffic
officials In order to ascertain any desired
rate, instead of having to consult the thou
sands of separate schedules which now ex
ist, would bo one of the greatest benents
which It Is possible for any !egt!at!on o
confer either upon the companies or the
publio.
it is not to be supposed that in this way,
or In any other way, a schedule would be
produced which would be entirely satisfac
tory to everybody, infinite wisdom, sitting
is arbitrator, could not accomplish such
a task. Hut as Infinite wisdom has not
been vouchsafed to humans, the principle
of human arbitration has been regarded
as a fair way to settle conflicting buelns.s
Interacts. The companies have over and
over again attempted to In trod oca arbitra
tion in the settlement of their disputes
as to rates. The commission representing
the sovereignty, with power to enforce its
decisions, would be the most dUtnteroattst,
aud at the win lime satisfactory, arbi
trator which is possible.
I also take Isaun with the committee's
conclusions about the requirements of exact
knowledge In making such a schedule.
This Is also a point which la strenuously
urged against conferring tho rate-iuaking
authority upon tho oommlssioo at this time,
"tie assumption sreuta to bo thai tsore
are only a few men who possess the exact
knowledge required, and - presumably,
owing to the relation of the supply to the
demand, such exact knowledge can only
be obtained by ptiyim? extraordinary sal
aries, far in excess of the salaries which
congress would be willing to provide.
Schedules for Small Shippers.
It Is but a small part of the occupation
of such traffic directors to scribe together
schedule of rates. Scribing schedules is
an occupation for clerks, not for traffic
directors. I but quote the language of a
high authority when I say that prior to
the injunctions of the courts against pay
ing rebates "It was understood amonq
business men that schedules were made for
the small shippers, and those unsophistica
ted enough to pay the established rates." All
the large shippers of freight had their high
salaried traffic directors, as well as the rail
ways, and the rates which such shippers
paid were not determined by the schedule,
but by bargaining between the high-salaried
traffic directors of the shippers and
the high-salaried traffic directors of the
company.
Since the injunctions, the exact knowl
edge of the traffic directors has been ex
erted In the extremely difficult problem of
how to ray rebates without paying "re
bates." Nothing short of exact knowledge
can do it. Hence, since the injunctions,
the traffic directors have stopped paying
rebates on grain shipments, but In lieu
thereof have paid elevator fees, a practice
which the Interstate commission has sanc
tioned as admissible under the law, not
withstanding It is evidently a rebate paid
to elevator owners which is not available
to ordinary shippers. The traffic directors
have made secret contracts with the traffic
directors of large shippers at rates below
the schedule rates, and, having thus se
cured the tonnage in advance, they "pub
lish" a schedule -containing the contract
rates. In the parlance of the profession
sucn srneauies are cauea "miunignt sched
ules." and have all the effects of secret
rebatea
Dig Shipper Alone Profits.
No small dealer ran secure the advan
tages of a midnight schedule because he
does not control a sufficient volume- of
tonnajre to Induce the maklnr of iuch w
schedule. The small dealer must pay the
regular schedule rates, hut It is not so
with the large dealer. The . large dealer,
say In grain, agrees with the traffic direc
tor of a railway that he will buy In com
petitive territory l.OnO.OOO bushels, guaran
teed, and, If possible, before the game Is
discovered, 4.0ii0.uu0 or 6.0U0.0UO bushels, pro
vided that after he has secured the grain
the rrJlway company will publish a legal
schedule reducing the rate, say, 1 cent per
bushel. With the advantage of this secret
understanding the large dealer forces the
small dealers out of the market by ottering
a fraction of a-cent more than grain Is
worth, or Induces some of the small dealers
to contract to deliver the amount he re
quires. Having secured the grain-, the "midnight
schedule" Is published and filed with the
Interstate commission. The rate goes down
1 cent, and consequently the price
of grain advance 1 cent. The re
sult of the transaction Is that the
small dealers are driven out of
the market, or that the small dealers who
have made contracts ara saddled with
losses which the large dealer pockets as
irortis. and the railway company secures a
arge tonnage of competitive traffic.
It Is a slick way of turning smull dealers'
losses' Into large dealers' profits, but as
the law now stunds the lawyers agree that
it Is lawful.
There legal midnight schedule which are
of frequent occurrence and result in greater
Injustice than secret rebates, Illustrate a
defect of the law which will exist as long
as the law permits railway companies to
make a schedule of rates. They can only
be prevented by conferring upon a govern
ment commission the sole power to make
such schedules.
neueral Commission t'n trammeled.
A government commission In ' making
rates would be untrommeled by competi
tion or a desire to socure tonnage for anv
particular line, and would therefore be able
to frame It schedule by SMuara rule,- In
stead of scribe rule. That it does not re
quire high-priced exact knowledge to make
a schedule of square rule rules Is con
clusively proven by the foot -that fourteen
years ago the railway commission of Iowa,
consisting of unskilled men, oaah 'nwing
a salary of about $3,000 per ami in a
few months' time, mostly oocupici . hear
ing the protest of the railway cu, . paniJ,
Oiad a una re rule schedule of ratea In
Iowa, and In tho aamo year the oomaili-
sloners of Illinois, like unskilled men, made
a square rule schedule of Btate rates for
Illinois, both of which schedules have been
usjd duiing all these years, practically
without chunge.
Here Is an example of practically one
schedule of rates mode by state commis
sioners, covering two great states, having
more junction and competitive points than
any other equal area in the world, which
has been satisfactory, without change, for
more than fourteen consecutive years.
While, on the other hand, the interstate
schedules, made by traffic experts, under
the stresvj of competition and a desire on
the part of each to get some odvantnge
over the other, which affected the interstate
traffic of the same two states, have been
changed, during the same time, by filing
with the interstate commission probably
not less than 8,000 to 10,0u0 schedules.
Bused on the experience of Iowa and Illi
nois, It would seem proven that the making
of a schedule of rates Is a task which a
commission con satisfactorily accomplish.
Origin of Opposition.
But the bulwark of the opposition to com
missioners' rates is the varying conditions
of trade whii'h it is claimed necessitate con
stantly fluctuating ratea.
"Varying circumstances and conditions"
is the last ditch in the traffic director's
argument. When defeated at every other
point of the argument, with uplifted hand
and with an air of mystery, he repeats in
rapid succession the ominous words "vary
ing circumstances and conditions" with
most wonderful effect upon the minds of
Ids hearers.
That circumstances and conditions, in
respect to railway ratea. have lluctuated
rapidly in the past, no one can deny. Every
time a cut rate is made; every time a mid
night schedule Is published, and every tunc
rates are restored nnd midnight schedules
are cancelled, circumstances and conditions
of trade change to-such an extent as to ma
terially affect all the various industries of
the country. Hut these are vurylng condi
tions and circumstances of the companies' 1
own making, which every merchant, manu
facturer and shipper Is constantly proles. -ing
against as disadvantageous to his busi
ness. .
Commerce demands stability. As long ns
railway rates go up and down no merchant
or manufacturer feels safe in buying large
quantities of staple merchandise, to the cost
ot wnicn tne rate or transportation con
tributes a, large percentage, through fear
that later his competitor will be able to
ship at greatly reduced rates, and thus h
able to undersoil him. No contractor dires
venture to make a contract Involving largo
shipments until he has contrnod wltn the
railway companies ns to his rntcs. and
every department of trade, to a greater or
less etxent, faces the same perils.
Work of tho Commission.
Vp to this point. It will be noticed, f have
been speaking of a schedule of rates, but
the legislation which is proposed hy tne
present congress, as I understand it. does
not authorize the commission to
make u schedule of rutos, but onlv
to hear complaints, and. after it
hearing, to fix the particular rate which
has been the subject of the com
plaint. Such a law would impose a much
more laborious, and, li, i.iany respects a
much more difficult, task than the making
of a complete schedule, because there Is
absolutely no criterion by which to Judne
the reasonablesness of any Individual rale,
except in connection with the whole sched
ule. 1'nder the law. as it now exists, the
commission finds tin lndivldu.il rate rea
sonable or unreasonable by comparing it
with some other rate, without considering
whether the rate with which they compare
It ia reasonable. Hearings of this kind
frequently compel the attendance of fifteen
or twenty attorneys and high-salaried
traffic, officials for several days, and as
there is nothing at the end of It but an
opinion, and no money Involved, the com
panies are willing to get through as quickly
as possible.
I'.ut with a large amount of revenue at
stake it would he different. At every
healing the comoanie would Insist upon
Inquiring as to the reasonableness of the
rate-with which compurson was made, and
so on, until the relative reasonableness
of every rste in the schedule had been de
termined, and then the commission would
be compelled to pass upon the reasonable
ney of the schedule as a whole, bee a u mo It
is the aggregate amount of revenue, which
the whole schedule will produce, whloli la
equivalent to a quantum meruit for ser
vice performed, which the companies ar
eiyitled to receive.
What Might B Done.
If ratea axe to b passed upon thus la
detail. It Is easy to see that an iuquiry
as to a few rates would consume a year
of the commlaslon's time. And If appeals
are made to the courts this method of
making rates would entail a large number
of court cases. But if, on the other hand,
all rates should bo established at one time.
In one comprehensive schedule embracing
all the rates, objections on behalf of the
companies or the people can be adjudicated
In that comprehensive manner pointed out
by the court in the case already cited. In
which Mr. Justice Miller says: "The
proper, if not the only, mode of judicial
relief agnlnst a tariff of rates established
bv a leglHlatlve commission is by a bill in
chancery, asserting its unreasonable char
acter, nnd until thHt Is done it la not com
petent for each Individual having dealings
with the carrying corporations, or for the
corporations with regard to each indi
vidual who demands Its services, to raise a
contest in the courts over questions which
ought to be settled In this general and
conclusive method."
It would seem, therefore, unwise to re
strict the authority of the commission to
tlxlng only such Individual rates as have
been mude the subject of a complaint.
Government Alone Potent.
Fifteen years' experience makes it evi
dent that neither the companies nor tho
Individuals will set the machinery of tho
courts In motion to enforce this law and
that the fear of the extraordinary penalties
of the law will not enforce It. Hence, if
the law Is to be enforced, it must be en
forced by the government.
A proper consideration of the machinery
which would be required to make govern
ment enforcement effective demands that
the task should be fully comprehended.
As the courts have decided, the govern
ment, under its contract with the com
panies, is levying indirect taxes ux.n all
tho Interstate traffic which Is transported.
Hy the enactment of th interstate com
merce law the government In effect under
takes to supervise the collection of such
taxes In their Integrity, so tliat there shnll
be no unjust discriminations in their col
lections, eitner iy under-Lining in respect
lo weight or by wrong eltissllicatlou, or by
secret or public rebates, or by any in
genious devices.
The aggregate, annual revenue Is more
than $l,7w,Oxi,ow. or more than three times
the total revenue of the national govern
ment, and this vast revenue Is collected
at more than ftMAO stations In Items rang
ing from 2f cents to with compara
tively fw items exceeding ISO. Tho simple
statement of the proposition Is convincing
that the hilxir of enforcing the law is al
together beyond the physical ability of a
commission composed of five members,
with im uiiiuuii appropriation of, s,iv.
tluo.OoO.
Tno mind cannot grasp tho necessities of
such a gigantic prop4ul ixcept by com
parison with something simllur with which
the mind Is more or less familiar. In the
collection of its own revenues the govern
ment has substantially the same kind of a
task, but much easier of accomplishment,
because tho aggrtgate Is smaller, the num
ber of stations at which collections are
made are fewer and the items collected
average much larger.
Mnst Have Ksperts,
It seems clear that before tho govern
ment can expect to accomplish the en
iorcement of ihe interstate commerce law
the duty of enforcing the law, which Is an
executive, not a legislative, function, should
be delegated either to one of tin"- existing
executive department or to n newly created
executive department, which should havo
the authority to appoint expert accountants,
with powers and duties similar to na
tional bank examiners, who should from
time to time and for such
length of time as might bo necessary check
each item collected und each item of ex
penditure by each railway; to appoint in
spectors, who should sujM-rvlse the weights
and classification, and detedivus und at
torneys to delect und punish, it would be
necessary lo check the Items of expendi
tures to prevent payment of rebates, either
as rebates or as other Ingenious devices.
The public examiner, an executive officer
of Minnesota, In authorized to thus check
railway accounts, sjid at his first check
ing lie discovered the details of all the re
bates which had been paid out and obtained
paymeitt of the gross earnings taxes to the
state.
The machinery which ha bwn described
would ba reoiumably certain u detect and
expo violation of Uie law, and If fol
lowed up wUh energy on the pert of the
government would . raduco violations to a
minimum, at least.
As the law now stands, the whole re
sponsibility of enforcing the law rests.
with a multitude of other duties, upon the
interstate commerce committee, with a
ridiculously small annual appropriation for
expenses. The experience of fifteen years
has proven this machinery to be Inade
quate. Existing- Bad Practices.
Turning now from the defects of the law,
I desire to call attention to some ex
traneous conditions and Influences which
have conduced to rendering the law unen
forceable and which, as long as they exlBt,
will render Uic most perfect law unenforce
able. The Interstate commerce law not only
forbids discrimination In freight rates, but
it ulso prohibits! free transportation of pas
sengers. II mokes the acceptance of a dis
criminating freight rate or a free pass by
an individual a misdemeanor, each punish
able alike by tine or imprisonment.
If we examine the principles of law and
the principles of sound morals which Jus
tify the law we shall find that every princi
ple applies to the one ns to the other. If
we Inquire as to the relative Importance
to men of small afTulrs we will tind that
one is ns Important as the other. If we
Inquiie into the heart burnings growing out
of railway discriminations, which are
breeding cliiss distinction and class- hatred,
and even uniirclilsm. among the so-called
lower classes, we will lind that the bitter
est feelings are aroused by being "compelled
to pay fure while, richer men ride free,
if we go among tho laboring classes, either
nn iiiilivldtnils or in their oiihllc meetings.
we will hear bitter denunciations not of
unreasonable or discrlmiiating freight rates,
but of free passes. In times of railway
strikes we hear the park orators proclaim.
"Whr should we work for scant wages In
order tliat rich men miv ride In the
iralns free? Probably SO per cent of the
entire population pay fairs, while not more
than, say, 6 per cent pay freight rates.
Anti-Pass l.eglxlnllon.
The law which make It a misdemeanor
for any Individual not an officer or employe
of a. railway company to use a pass was
enacted by congress and approved by the
president fifteen years ago, and as an In
dividual rule of action li was Ignored by
the congressmen who passed it and by the
president who approved It. and subsequent
congressman and president, with rare ex
ceptions, have Ignored Its provisions. Trav
elliiir. they present the evidence of their
misdemeanor before the eyes of the publio
In a wa.v which Indicates no regard for the
law. The governor of the states, many
of the Judges In short, ull officialdom from
the highest to the lowest the higher clergy,
college professors, editors. merchants,
blinkers. In w vers, present the evidence of
their misdemeanor. Now. while sheriffs,
dlstrirt Httoruevs, courts and prisons may
cope with the outcasts of society, they are
powtliess against the classes which have
been mentioned. Think of ihe Impossibility
of committing these classes to prison!
Think of a sheriff arresting himself, of a
district attorney prosecuting himself, and
of a court committing himself to the
penitentiary! ....
In Kngland, where the laws ugalnst dis
criminations are enforced, these conditions
do not exist. The members of Parliament,
who enacted the laws, have obeyed the
laws, and even the king, when traveling
on the railways, pavs the regular fare,
and If he bns a special train he pays the
schedule rates for lis use. The minor offi
cials, the railway officials and the public
follow their example. Therefore the law
of England against discrimination Is
effective.
Public Conscience Stifled.
I am not willinsr to admit tt'M the aver
age standard of official and individual mor
als is lower In this country than Jn l: up
land, but for fifteen years the public con
science has apparently been In a sort of
self-hypnotic trance of an expectancy
which can never be realized, namely, that
the virtues of the railway companies will
render it impossible for the Individual to
offend the law. While I am willing to ad
mit the uncompromising virtues of rnllwav
officials, I submit that It Is too much to
expect the few railway presidents, who
are growing fewer, to furnish thu viiluei
for sS.onu.ooo of people.
What the country needs to break th-i
trance Is an Illustrious example, liko thu
example of the king of England. There It
one man, and but one man, whose example!
would be affective; and. unless the Amer
ican people have misjudged his character.
If he realized that he was transgressing the
law In accepting the courtesy of free tians-noi-tntlon.
Theodore Roosevelt would Icivo
the virtue and the courage nnd thu ability
to set the example, wlilcli slum nwasi a
officialdom and all good citJzuns to a si nva
of the individual duty to obey thla law.
"No one," says Mr. Itoonevelt, "can to-
strongly Insist upon the elementary fait
that you cannot build the superstructure uf
public virtue save on private vir tues."
AUTOMOBILE CflOSSES ALP'
Two English Women with Chat
Make Record for Travel
In Monntalns.
MONTREUX. Feb.
to The Bee.) Two
Jessie Lea, wife of the prospect
candidate for St. Pancras. eut, und in r
sister-in-law snd chauffeur, Jules Mlron
1 neau, have accomplished the remarkable
feat of traveling In an automobile all tho
way from Nice to Montreaux, via the
Hautes Alps, Dlgne and Qrenoliln.
Leaving Nice at 8:80 In the morning they
passed Into Switzerland by a mute never
before traversed hy motor in winter. Ifor
three hours they were burled In snow tea
feet deep at the Col de la Croix Haute.
Ten miles from the col the adventurous
party was warned that It would bo impos
sible to proceed by that route. It perse-
vered, however, and at 8 p. m. Ihe chauf
feur had to be dispatched for assistance,
and the cur was dug out of the snow by
fourteen peasants; a proceeding which took
three hours, the average depth of annw
In tho pass being eight feet. The descent
on the other side of tho pass on Ice an-1
snow was perilous, and the party were
only saved from accident by the car's non
skidding tires and the wonderful skill ot
the chauffeur.
Alleged Murderer on Trial.
LOOAN W. Va., Feb. 4.-Th preliminary
trial of Floyd Stnlllngs, who Is charged
with the murder of Rose White, began to
day. Ballard Stolllngs, his brother, and
Ballard's wife were also placed on trial
as accessories. Rose White, tho lD-year-d t
daughter of a prominent farmer, was mur
dered Just before Christmas, her body l-e!nc
mutilated ana ner neaa almost net-ammo-u.
When the Stolllngs brothers were llrst ar
rested a mob sought to lynch them, bat
they were removed to Huntington for ml
keeping.
inflfenr .
1 s
. 4. (Special CuWoKTam
English women, ilr-i, I
the prospective liberal r
i. sM M.oiin , I, .us w wyt'ilt "T'ffr. I
i mi in- - i - in mi -- '' 1 "k!j' I
f 5sThey act like Exercise;.
the Bowel st
Cents DrufjaJstsrj . !
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