The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-13

Kansas Mr. Twischci, OF Kansas City; together with
ex Governor 4. o. stannard; George Blaine pres,-
dent OF the Merchants Exchange, OF ST. Louis; A. T.
Harlow and other gentlemen representing tho busi-
ness INTERESTS OF the southwest
Upon the assembling OF tho committee Mr.. Critien
den. Of Missouri, who had introduced the bill In the
House, referred to the objection OF Mr. Poppleton
the provions meeting, that the proposed measure
was not reciprocal In its operation upon tho
several roads, but was evidently aimed only
at the Union Pacific. He said bis desire was to have
enforced upon all the companies Of the Pacific Rail-
road system The duties and obligations prescribed by
the acts OF Congress, and make any distinction
between them, ana he approhensive he had said
that the remedies provided tue bill as introduced
by him would be inefficient account OF involving
pro.racsed judicial proceedings Accordingly he pre-
sented an amendment meeting Mr. Poppleton's obec-
ton and providing for moro summary remedies
In accordance with tho ord or proceeding as pre-.
viously determined by the committee the for
Kansas Pacific was then opened by Mr.. Artemas Ii.
Holmes, OF New York. He read az length from recent
decisions OF the United States supreme Court show
Ing that the scheme OF the Union Pacific Railroad md
Its branches was originally conceived as a political
measure for tho purpose OF binding tho dill
ferent parts OF tho country moro closely to-
together. facilitating communication between
them and the transportation OF troops and supplies
for the government. Ho explained the several prov
sions Of the acts, showing these great objects
were sought to be accomplished and particularly how
by tho sections OF tho of 1862 1864 the
Pacific aud all OF its branches made one continu
Gus line extending from the Missouri River TO the
Pacific Ocean, and to be operated together without dis
crimination by one against any OF the others by
means Of through trains and equal advantages and
facilities IN a other respects. Ho proceeded
TO show how, In tho practical operation OF
tho Union Pacific road, all the trans Continental
traffic thrown It's line from the Missouri
River, at Omaha, to Ogden, It's point oil connection
with the Central Pacific and how The branches were
entirely excluded from all participation therein.
Aitsr>pointing out how the main line and branches
thus broken up into separate and distinct lines,
no referred to the In which the Union Pacific
road established and enforced discriminating
He charged that, Tor certain classes Of freight,
the Union Pacific made rates from Chicago
Ogden, which forms tho western half OF its road
high as, and In some higher, Than over its
whole road from Omaha to Ogden.
This statement was contrsdicted by Mr.. Poppletop,
whereupon Mr. Holmes produced the official tariff OF
the Union Pacific from which 1t appeared that tn 70.
spec to several classes Of freight high rates were
charged for transportation one-haf OF the road
as over Its whole road, and in seme more.
Mr.. Holmes then read from the decisions d.
the United States Supreme Court holding that the
Union Pacific could not legally break up the whole
limo into fragments and operate fragment with
separate trains different schedules OF time At
different rates OF charges from for another
fragment.
"A member OF the committee here suggested that
the questions proposed for legislative construction
such should be determined BY tho courts and
Mr.. Poppleton remarked thata decision would have
been had This month II tho had not been dis.
missed; IN answer 10 which, Mr.. Holmes explained
tho d. hcutes involved in the Judicial proceedings
and read voluminous correspo ndeuce recently had
In respect OF the argued last fall at Omaha BY
which II appeared that Judge Dillon, after hesring the
case, declued TO decide IT, because President OF
the Union Pacific Railroad 10 his uncle, and by which
II also appeared that the Union Pacific Company re-
fused to accede 10 the suggestion that the case DO
heard in March BY Judge Miller who expressed his
willingness to expedite the in the supreme Court,
where the question would DO speedily and finally
settled.
In conclusion Mr.. Holmes argued that the time had
arrived in contest between the public tho
government the one hand and the railroad compa-
hiel who were the CREATURES or their oreaton tho
recipients OF their muni1cent ties tho other,
when II must be determined wnetherth government
should control the companies the companies should
control the government The further hearing OF the
matter was adjourned till Friday.
THE ENLISTMENT OF coLoRED CITIZENS
SENATOR BURNsIDE's BILL TO REMOVE ALL
RESTRICTIONS.
Tho 'bill 10 remove all restrictions existing in
regard TO enlistments OF tho coiorcd citizens in any
Of the United States army" as reported by Mr..
Burnside from the Senate Military Committee to-day,
Is amended SO az TO read as folows:-
Bo II enacted &c, Tina. sections 104 and 1.l0s Of
the Revised Statutes be and the Same hereby
peaIed.
Rnnc PunAt hat hA I'M andT ami algu md
Twenty fourth aud Twentynnh infantry not part
Of the United States army.
General Burnsdes written report accompanying
tho bill states merely that It's object do away
with the obligation TO Oil the above designated rcg
ments with coored mon and remove the restric-
tions tho Enlistment OF colored men In the other
regiments OF the service
THE MASSACHUSETTS CONTESTED SEAT.
meeting OF the full committee OF the House Elec-
tions Committee will be held tomorrow, at which
attempt will be made TO reach vote the Third
Congressional dstrct OF Massach uscts eec
tion OF Dean (democrat) against Field (repub-
can) the sitting member. The reports OF the
sub committee having charge Of the sub
mtted a: the last meeting OF the full committee,
signed, as follows:-By HiscocK (repubiican) and
Gambler (dcmocrat) in favor OF retaining Mr.. Field
republican, in his seat and by Mr.. Springer demo
craD in favor OF seating Mr.. Dean tdemocra the con-
testant IL is thought the vote of tho committee will
DO very close.
THE ALCOHOLIC LIoUon TRAFYIc-A BILL TO
PROVIDE FOR ITS INVESTIGATION.
Tho following is the substitute reported from the
Senate Finance Committee to-day tho bill 10 pro-
vide for q commission the subject OF the alcoholic
liquor ,rafno.-- ss..,
Be enacted, &c, That there shall be appon ted by
the President, BY and with the advice and consent
the Senate commission OF hvc persons who shall
selected soloy with reference TO personal fitness
and capacity Tor an honest, impartial and
thorough Investigation. and who shall hold
ONCE until their duties shall DO accom- pishcd,
but not to exceed two years. IL shall DO their duty
to investigate The alcoholic liquor traffic primarily In
its relations TO revenue and also taxation and
Its general economic and scientific aspects sonpec
ton with the public health and general welfare Of tho