Savannah morning news. [volume] (Savannah) 1868-1887, 1885-02-05
CULL0M'S BILL A WINNER.
IT PASSES THE SENATE BY A
VOTE OF 43 TO IL.

Action on it by the House the Next
Step-HOw it will Limit the Charges
of the transportation Companies
and the Punishment Provided for
! Violation.
WASHINGTON, Feb. 4.-The Senate to-
! day, on motion of Mr.. Cullom, resumed
consideration of the Interstate commerce
bill. The bill having been perfected, it
was reported to the Senate from the COM
mittee of the whole, read the third time
and passed by vote of 43 to u. The vote
| in detail was as follows:
! Yeas-Messrs. AIdrich, Allison, Blair Call.
! Cameron Of Wisconsin, Chace, COnger, Gull
! lon, Dawes DOlph, Edmunds, Frye, Groome,
! Hampton, Harris, Harrison, Hawley, Hill,
! HOar, ingalls,, Jackson, Jonas. Jones of
| Florida. Jones of Nevada. Lamar. Lapham
! Mcmillan, MandersOn, Miller of California.
! Miller of New York, Mitchell, Morrill,. Pike.
| Platt, Plumb, Pugh, Riddleberger, SAWYER,
! Sewell. sherman, Slater, Vest and Wilson'S.
NdgS-Messrs. Bayard, Butler, Cockrel,
| Coke, Colquitt, Mcpherson, MaXey, Morgan.
| Pendleton, SALISBURY Vance and VanWyck-
u.
As passed by the Senate, the bill provides
| Tor commission composed of nine members,
| one from each judicia circuit of the United
| states, to hold office for six years, except thai
| OF those first appointed three shall hold Office
| two years only, and three others for fOHr wears
only, vacancies to be filed by the President.
Not more than five of the commissioners shall
| belong to one political party. The duties of
| the commission are defined to be the exercise
of powers and duties granted by the bill
pertaining to the methOd5 and regulating
the operation of all Transportation companies
engaged in inter State commerce. and to take
| INTO consideration and investigate all the va
| rl0us questions relating to commerce between
the States. especially the matter of transpor-
tation, so far as may be necessary to establish
just system of regulations for the govern
ment of the same"
SALARY OF THE COMMISSIONERS.
The salary of the Commissioners is fixed at
$500, and they are authorized to appoint a
Secretary at $500. All the necessary travel
ing expenses are to be paid by the govern
ment, ana witnesses summoned before The
commission are TO be paid the usual fees. The
commission has power to send for persons and
papers. to administer Oaths. and to require
the production of all books, papers, contracts
and documents, or properly certified alb
stracts thereof, relating to the matter under
consideration. 1t Is authorized to require in
ter-State transportation companies to furnish
annual reports giving full information as to
their financial condition. the cost of the prop
erty, number and salaries of the employees,
etc. 1t shall report annually to the Secretary
Oh Che interior. The Commissioners shall,
curing the 1lrsJ year, investigate ami report
on the subject of maximum and minimum
charges, pooling, "Waterlng" of stocks, un-
just discrimination, etc. The bill being IN its
present form a substitute for the House bill
IL now goes to the House for concurrence or
nOn-cOncurrence.
THE MORE IMPORTANT SECTIONS.
The sections of most public interest are as
follows
SECTION 8. That if any TRANSFORMATION COM
pany engaged in Interstate commerce shall
collect, demand or receive. in the trans
action of the business of Interstate com
merce, more than reasonable rate Of com
pensatlOn for the transportation Of freight of
any description or fOIsthe receiving, delivery,
storage or handling of property or or the use
or transportation Of any railroad car upon its
nI nFa rcff hal -.
upon any railroad it has a right of license or
permission to use, operate control, said
transportation company shall be deemed gull
ty of eXtortiOn, which is hereby declared to be
a misdemeanor.
sEC.4. That if any transportation company
engaged in Interstate commerce shall direct
" or indirectly, by any rebate, drawback or
OJhef ueVlce, charge, demand, collect or re-
celYe from any person greater compensation
Tor any service 1t may render in its transac-
ton of inter commerce than it charges
demands, collects or receives from any other
person for dong for him IN like business and
under substantially similar circumstances and
conditions cOntempOraneOUsly like service, or
IL any such transportation company shall
neglect or refuse to furnish the same facili-
les for carriage, receiving, delivery. storage
ana handling OF Interstate commerce freights
to one person that is at the same time fur
nlshed TO any other person or for carriage.
receiving, delivery, storage and handling of
such freIghts of the same class and undersub-
stantlally similar circumstances, such trans
portatiOn company shall be deemed guilty of
unjust discrimination, which Is hereby de-
clared to be misdemeanOr.
THE ACTION ON COMPLAINTS.
SEC. 5. That whenever complaint is made
to the commission in such manner as it may
prescribe, charging any transportation COM
pany engaged in inter State commerce with
extortiOn or unjust discrimination in the
transaction of such business, a statement OF
the charges thus made shall be forwarded to
the transportation company which shall be
called upon to satisfy the complaint or to an
sWer IN writing within reasonable given
time " such transportation company shall
within the time specified make reparatiOn for
the injury dOne and the complaint shall be
Withdrawn. the case shall be dismissed and
the transportation company shall be relieved
Of liability for any other penalty for the par
tlcular violation OF this act thus complained
OF. II such transportation company shall not
satisfy the complaint within the time specI-
ded, or If 1t shall neglect or refuse to answer
the same as required, or if either party to the
proceeding shall demand hearing. and there
snail appear to be any reasonable ground for IN
Veslgallng sad complaint, 1t shall be the duty
OF the commission to investigate the matters
complained Of, to determine all questions of
TACT at issue, to record its finding, and to fur
nIsh report thereof to both parties. and if it
shall appear that the transportation COM
pany has been guilty of either extortion or
unjust discrimination as charged, it shall be
the duty of the commission to give notice to
such company to dlScOntinue the practice
thereof forthwith, and to pay the complain
ant within reasonable given time. damages
II any, to which the commission may find the |
complaining Justly entitled in consequence |
thereof; and if such damages shall be paid as |
required, and the commission shall be salts |
fed that the transportation company has |
ceased to practice the eXtortion, or |
unjust discrimination complained Of an |
order to that effect shall be |
entered on the record by the commission, and |
the transportation company shall be relieved |
of liability for any other penalty for the par |
ticular act complained of.
THE REMEDY FOR DEFIANCE.
SECTION 6. That if any transportation COM |
pany engaged in Interstate commerce shall |
neglect or refuse to pay the damages assessed |
against it by the Interstate Commerce Com |
mission, and to deslst from further violation
of this act, it shall be the duty of the com |
mission to certify the facts to the District |
Attorney of the United States for the judicial |
district in which the act complained of oc- |
CURED, and it shall be the duty of the District |
Attorney at the request of the complainant to |
forthwith commence such proceedings in the |
name of the complainant as NAV be /
necessary to recover any damages sustained |
by him, or to compel the transportation |
company to comply with the provisions of this |
act or both, and the Circuit Court of the |
United States for SAID district shall have in |
risdictlon to try said case without regard to /
the citizenship OF the parties. The cost |
shall be awarded as in other cases, but in case /
judgment is rendered against the defendant. |
the court may, in Its discretion, allow to the |
District Attorney reasonable fee for prose- |
cutting said cause to be taxed as part of the |
costs, and in the case Of failure to recover |
the complainant shall pay the costs Of the /
suit, attorneys fees excepted Any such |
transportation company that shall be CON |
victed under the provisions of this act of |
either eXtOrtiOn or UNJUST discrimination shall |
forfeit and pay for each Offense a fine of not |
exceeding $1,000.
HEAVY FINES.
Any such transportation company that |
shall neglect or refuse to make such ANIMAL
reports as the commission may require or
that shall neglect or refuse to answer anT
question, or to produce any book, paper con-
tract or other document, or properly certified |
abstract thereof, called for by the commits
sion in making any investigation under the
authority OF this act. shall be guilty of a mis-
demeanOr, and on conviction thereof, shall be
fined In a sum not exceeding $1,000 for each |
Ohense herein described. Any such transpor-
tatlon company or any person
or persons that shall violate
any of the provisions of this act not in
manner attempt to obstruct the enforcement |
OF its provision, shall be d. emed guilty of a
mledemeanor. and on conviction thereof
shall be fined in sum not |
exceeding $1,000. The route of any trans
portatlon company is by the bill made to in
clude all the railroads and water routes of the
company, and the term transportation
company" is defined to mean any corporation
or Individual owning, operating or using any
rallroad or any vessel, in whole or In part or
naVng rlght' license or permission to use
Ihe same, provided such company or indi-
yidual is engaged in the transportation of
freight from one State to another, whether all |
ran or part rail and part water communica-
ton. 1t is also made applicable to all trans
portatlon companies not wholly water route
companies, carrying freights from one place
IN the Y nlted states, through any foreign
territory, to any other place in the United
states or from any place IN the United States
TO any place outside of the United States. All |