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gave life, force and direction to the popular demand for the preservation of Niagara Falls. It is now fully recognized as the guardian of the

people's interest in the great cataract, maintaining a constant watch on the power situation.

It originated and is the moving force in the nation-wide effort to restrict the extension of ugliness by having billboards legally taxed, as is other productive property.

It has advanced the children's garden movement, and was instrumental in securing a Congressional appropriation for school gardens in the District of Columbia.

It bas secured the enactment of a model street-tree law in Pennsylvania, and is teaching the intelligent care of trees the country over.

It is giving guidance and effective direction to the widespread and rapidly growing movement for the abatement of the smoke nuisance.

It helps in progressive city - making, and is continually arousing and fostering sentiment for civic beauty, for clean streets and home surroundings, for convenient and serviceable parks, for playgrounds-in short, for every form of civic betterment.

Growing Demand for Help If Niagara is to be permanently preserved, there must be an international agreement. Legislative campaigns must be made in every state to secure laws restricting and taxing billboards. Public sentiment must be further aroused id maxoriof firesi: reservations. From every section of the country: there come calls for concrete assistance.

More Members are Needed The American Civic Association is a voluntary organization of persons working to make America the most beautiful country in the world. The fine work it has done was accomplished solely with the dyes and contributions of members and interested friends. The demands upon it require for it greater resources in membership and more liberal support.

The caretü coördination and ecijomical executibi-of-its wis:ting plans enable the American Civic iøyąluable service at small cost, for it is free from cumbersome machinery:otgajižetiva and in position to do things — to do them speedily quickly and thoroughly. This is a direct appeal for YOU to become a member. Use the coupon below or a copy of it in remitting.


CLINTON ROGERS WOODRUFF, Vice-Pres. and Acting Secretary

ROBERT C. OGDEN, Chairman Advisory Com.

Recent and Forthcoming Literature The American Civic Association has made many important additions to the authoritative literature of civic endeavor. Other documents of notable value will be published in the early future. Members receive the literature as currently published, without charge. The material they thus obtain in the course of a year in itself is worth a great deal more than the membership fee. Some specimen subjects are as follows:

Billboards and Their Regulations.

A Symposium. AMERICAN CIVIC ASSOCIATION, Philadelphia, Pa.

Good Roads and Civic Improvement.

By D. Ward King.

Improvement of Bome Grounds. I enclose $ and wish to be enrolled as

By Warren H. Manning. Mosquitos and How to Abate Them.

By F.L.Olmsted and H.C.Weeks. member of the American Civic Play and Playgrounds.

By Joseph Lee. Association.

Public Comfort Stations.

By Frederick L. Ford.

Railroad Improvements. NAME

By Mrs. A. E. McCrea. 109 10

Recreation Centers.

By Graham Romeyn Taylor. Life Membership. $50 or more

Removal of Overhead Wires. Sustaining

$10 a year

By Frederick L. Ford. Club $5 a year

School Gardens. By W. A. Baldwin.

Trees in ities. Councillors $5 a year

By J. Horace McFarland. Annual $3 a year

The Smoke Nuisance. A Symposium.

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Vol. 88
No. 1

Published hy the Outlook Company. 287 Fourth Ave., New York, Chicago Office, Marquette Building.
Lawrence F. Abbott, President. William B. Howland. Treasurer. Karl V. S. Howland, Secretary.
Lyman Abbott, Editor-in-Chief. H. W. Mabie, Associate Editor. R. D. Townsend, Managing Editor.

$3 a year 10c. a copy


When the Stand- had no motive for shipping over the The Commissioner of ard Oil Company Alton at an illegal rate. Corporations and the of Indiana

4. Other products were carried beStandard Oil Company fined twenty-nine tween the same points during the same million dollars for the violation of the period at rates ranging from five to ten Elkins Law, its officials appealed to pub- cents a hundred pounds. Therefore the lic opinion against the justice of the con- six-cent rate was a reasonable one. viction. The principal appeal was made 5. The Standard was advised by the in a statement by Mr. James A. Moffett, rate clerk of the Alton that the six-cent the President of the Indiana Company, rate had been filed with the Inter-State which was reported in The Outlook Commerce Commission, and it therefore shortly after its appearance. The Com

The Com- had no reason to suppose that the rate missioner of Corporations, whose Bureau was illegal. collected the material on which the indictment was based, has now issued a

Commissioner Smith

The Commissioner's statement in reply to the allegations of

replies to these argu

Reply Mr. Moffett. It will be remembered

ments in a statement that the charge on which the Standard which may be summarized as follows: was convicted was that of having ac- 1. Mr. Moffett's contention seems to cepted from the Chicago and Alton Rail- be that there was no rebate because the way a rate of six cents a hundred pounds Standard did not actually pay the higher on oil shipped from hiting, Indiana, to rate and have the difference of twelve East St. Louis, Illinois, when the only cents

cents a hundred pounds actually rerate openly published and filed with the turned to it in money. This is merely Inter-State Commerce Commission, and an evasion ; the rate constituted a rebate therefore the only legal rate, was eight- in essence, if not in form. He seems to een cents. The allegations of the Stand- hold that there was no discrimination ard may be briefly summarized as fol- because no one else is known to have lows:

paid the eighteen-cent rate. On the con1. There was no question of rebate or trary, this very situation proves that not discrimination in the case ; it was merely only was there discrimination, but that a question whether the six-cent rate was this discrimination had worked out its legal.

logical result by producing a complete 2. Six cents was an open, legal rate on state of monopoly in the vicinity of oil from Chicago to East St. Louis, and Chicago. an "application sheet" extending this 2. The application sheet merely stated rate to Whiting had actually been filed that the rates from Chicago should apply with the Inter-State Commerce Com- also from Whiting, enumerated the tariffs mission.

to which it referred, and named specific3. During the two years covered by ally the tariff containing the eighteenthe indictment the Chicago and Eastern cent rate; but it made no mention of the Illinois Railroad had a lawful published unfiled “ Special Billing Order" containand filed rate between Whiting and East ing the six-cent rate. “Of course this St. Louis of six and a quarter cents, and sort of thing was absolutely no notice to the Standard shipped over two thousand any one of the unpublished six-cent rate, cars of oil a year over that road at that nor was it intended to be." rate. Therefore the Standard could have 3. The Chicago and Eastern Illinois

rate was not only no justification for the method of collecting freight charges, Alton shipments, but it was an additional through the local agent, was not followed wrong in itself. It was quite as secret in these cases; all the collections were as the Alton rate. It was contained in made through the general offices. The a single mimeograph sheet filed with the Standard knew that this method of Inter-State Commerce Commission, giv- collecting freight charges was entirely ing a rate on oil from Dolton, Illinois, exceptional; it knew that its shipments to East St. Louis of six and one-quarter were being “false billed” and “blind cents; a note indicated that the rate billed.” “Moreover, the only possible might also be used from Whiting. There motive for that secrecy which the railis no evidence that this sheet was ever roads admit that they maintained regarddistributed to any shipper except the ing this rate was to conceal it from Standard. Dolton is a town of insignifi- competitors of the Standard, and it is cant size just outside Chicago. “Its inconceivable that the Standard should only claim to note is that it has been for not have known of the practices which many years the point of origin for this inured solely to its advantage." Bearing and similar secret rates." This obscure on this professed ignorance is the fact rate was still further concealed by the that memoranda found in the files of the filing of the same eighteen-cent tariff Chicago and Eastern Illinois Railroad which the Alton had; and this rate was show, in the case of another illegal rate the only one which could ever come to from Whiting, that the traffic manager the notice of the ordinary shipper, of the Standard initiated it, dictated it

4. The question is not one of the rea- to the railways, and arranged for its sonableness of the six-cent rate. "The secrecy by frequent consultations with question is whether this rate constituted the highest officers of the road. The a discrimination as against other ship report of the Commissioner of Corporapers of oil. Oil refiners in Chicago and tions on the transportation of petroleum, elsewhere were not vitally concerned in issued in May, 1906, showed that similar the rates on popcorn.” Mr. Moffett also rates especially favoring the Standard claimed in his statement that “thousands were in existence covering a large part of tons of freight have been shipped of the United States. It is significant from these points during the last fifteen that every such fate criticised by the years under the same circumstances as Bureau as illegal was canceled by the the Standard shipments.” He was there- railways within three months. The upon summoned before the Grand Jury, offense on which the Standard was and was unable to substantiate this convicted was, therefore, as Judge Landis statement by definite information as to a remarked in imposing the fine, by no single pound of freight shipped, except means its first offense; it was merely by the Standard, at a rate less than the one of a great system of discriminatory lawful rate. "This remarkable admis- rates practically covering the country, . sion of Mr. Moffett shows the general When a case is still before the courts, value of his defense."

as this case still is, on appeal, it ought 5. Every way-bill for oil shipped over not to be tried before any other tribunal, the Alton was “falsely billed,” showing either of the press or of public opinion. on its face a rate of eighteen cents, al- But the Standard has appealed from a though the actual rate collected from question of strict legality to a question the Standard was six cents. On the of equity and good faith ; and such an Chicago and Eastern Illinois the way- appeal makes it not improper for the Bills were “blind billed,” no rate appear- Commissioner of Corporations, whose ing on them until they reached the gen- Bureau was responsible for the indicteral offices of the railway. Both schemes ment, to meet the charges which it emeffectually concealed the actual rate bodies. Whether he has done so to the from the local freight agent and any one satisfaction of the public, the public must else outside the general offices; and both determine. It should be remembered schemes were used only with shipments that one jury of presumably impartial by the Standard, Furthermore, the usual citizens has already recorded its opinion

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