“The exaction of the published rate is the exception.... Men who in every other respect are reputable citizens are guilty of acts which, if the statute law of the land were enforced, would subject them to fine or imprisonment.” See Rep. 1898, pp. 5, 6, 18, 19; Rep. 1899, p. 8. Footnote 158: Report, vol. iv, 1900, p. 625. Footnote 159: Ind. Com. iv, pp. 6, 349, 359. Footnote 160: Testimony, p. 25. Footnote 161: Sen. Com. 1905, p. 2912. Footnote 162: Judge Clements of the Interstate Commission, Senate Committee, 1905, p. 3238. When the reader examines the facts that follow in this book he may wonder what the railroads will do when they are not under a good resolution, in view of the record they have made while under a good resolution. Footnote 163: See “Rebates” and “Discriminations” in index to Hearings of the Elkins Committee, 1905. Some of these witnesses who do not know of any discriminations or unreasonable rates declare in other parts of their testimony that if the proposed legislation were enacted the Interstate Commission would be deluged with complaints. And this is probably true, since complaints of excessive rates and discriminations have been more numerous in the last two or three years than in any other equal period before. (Testimony of Judge Clements of the I. C. C., Senate Committee, 1905, p. 3242.) Footnote 164: Sen. Com. 1905, p. 1331. Footnote 165: _Ibid._, pp. 2253, 2284. Footnote 166: _Ibid._, p. 3140. Footnote 167: _Ibid._, p. 1652. Footnote 168: On the question whether or no rebates and discriminations exist, the testimony of credible witnesses who say they know of these secret favors far outweighs the proving power of the negative statements of witnesses who say they do not know of the said phenomena. Lots of people did not know till recently that the Equitable paid a famous railroad senator $20,000 a year for “advice.” And the statements of a multitude that they did not know of it would weigh nothing against the testimony of 2 or 3 well informed men who positively stated the facts. Discriminations may go on without the railroad directors or principal officers knowing about them. They may not know about them on purpose. Where ignorance is protection ’tis folly to be wise. Railway men have told me that in many cases leading officers of a railroad are purposely kept, or keep themselves, in perfect ignorance of all discriminations and other wrongdoing in order that such officers may appear in legislative and interstate commerce hearings without knowledge of any facts that would be prejudicial to the railroad. Footnote 169: Sen. Com. 1905, p. 1474. Footnote 170: Sen. Com. 1905, pp. 819, 820, 842. Footnote 171: _Ibid._, pp. 2122, 2123. Footnote 172: _Ibid._, p. 951. Footnote 173: _Ibid._, p. 2329. Footnote 174: Sen. Com. 1905, p. 2083. Footnote 175: