The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-07

Onltou OlatOS 10 enforce IT, 90 the Dill Is uOt
subject, | think, to either of those criticisms.
But the senator from Texas says that the
Senate bill prescrihes an exclusive remedy
through the commission; that if the bill passes,
every one having grievance against railway
company connected with interstate commerce,
must assert it through the railroad commission;
that he will be deprived of his right to institute
action in the first instance, and to conduct it
himself without reference to the commission.
marveied at that statement coming from so good
a lawyer as the senator from Texas
l believe the rule of law is that when n new
right is given and a particular form of remedy
is pointed out, that form of remedy is exclu
slve; but here no new right is given. 1t is sim
ply recognition of the common law; it does not
Supplant it; and the method of inquiry through
the commission would never be held by any
court in the world to be exclusive Each shipper
will be fully at liberty after the bill passes
he is now to ignore the commission, to refuse to
avail himself Of its services, TO institute his own
suit where he pleases and prosecute it TIE best
way he can.
But. says then senator from Texas, you are
depriving the State courts of jurisdiction and
giving exclusive jurisdiction to the United States
courts. There never was a greater miSconceptlon
ton than that / suppose the senator will
admit that the prosecution of criminal offenses
against the United States must be in the courts
of the United States He would not expect the
grand jury of a county to be charged with the
investigation of violations of the criminal laws
indictments under its provisions for extortion or
for unjust discrimination shall be prosecuted in
the United States courts.
1t was further intended by the bill to supple
ment its provisions in the interest of the shipper
by giving HIM the beneft-of the services of the
United States district attorney. The senator
will understand that the United States district
attorney can not practice, as such, in State
court and we could not send him into a State
court to represent any body. Therefore, if any
simmer dpSi n avail himSa1 Of tho of fhe,
only law officer we give him, he must go
into a court where the law officer is recognized
But the shipper is perfectly free to go into any
State court and select his own lawyer He may
take the benefit of the investigation of the com
mission; he may avail himself of the facts which
have been brought out by their examination of
the books of the railroad company, and 90 to any
State court having jurisdiction and bring his
suit there
The senator from Texas also said that the
Senate bill would result in bringing the shipper
from Oregon to WaShinaton to have his griev-
ance investigated. The senator did not enter
upon the consideration of this bill with that
open minded fairness which he generally brings
to the consideration of public questions, or he
would not have said that The bill provides for
a commission for the judicial circuit of which
Oregon is part. 1t authorizes this commission
to make an investigation there. While the gen
eral conferences and consultations are to be held
here everything that the shipper needs to do
may be either done by mail or it may be done in
the very locality where he lives.
The Reagan bill undertakes to declare certain
things to be illegal, which the senator from Tex
as says are now illegal which are not named in
the Senate bill. 1t makes a rebate absolutely il
legal and misdemeanor. A rebate by way of
discrimination is made illegal and a misdemean-
or, under the Senate bill. A rebate is the repay
n.ent Of some part of a sum received Under the
Reagan bill, if railroad company had exacted
an unreasonable rate they could not pay it back
because they would be paying a rebate. They
would be in this interesting condition: liable to
prosecution for having taken the unreasonable
rate, and liable to second prosecution if they
paid it back
There are great many people in this country
VINO think they understand the railroad problem
IN every detail. l not one of them
There are great many people who upon a very
scanty examination of the question, feel them
selves competent to prescribe rates and to pro-
vide an iron bound code CT rules to regulate all
railway traffic
1t seems to me there may be cases where a re-
bate ought to be paid. Take my own city, tap,
ped by all the great trunk lines to the seaboard.
Here is miller who is shipping his -four over the
shipping over the Baltimore q Ohio, the destiua.
ton of both being New York. The shipper by
the Pennsylvania route desires to ship to day 500
barrels of flour. He inquiries of the agent to
the rate, and is told. The shipper asks: Are
not some of these other roads giving lower
rateW The agent answers: mo, sir; that is the
rate of all the roads; but will say this to YOU
If any OF the other roads are shipping at a lower
rate you shall have the benefit of that rate" 1t
turns out that the Baltimore & Ohio road that
very day was shipping for ten cents barrel less
to New York. Are senators willing to declare
that it shall be made a misdemeanor for the
Pennsylvania Railroad Company to equalize to its
shippers that cut by the Baltimore Il Ohio2 do
not say TO equalize to favorite shipper, but to
equalize to all shippers Of flour at that time over
their road. am not willing to declare that to
be misGemaanor.
Therefore, prefer that this declaration should
be in the terms of the Senate bill which is that if
a rebate is used to discriminate between shippers
it shall be misdemeanor punishable by fine, but
where it is used as means of equalizing rates
the reason of the rule certainly fails, and the
rule ought to fail with it.
do not stop to speak at length of
the schedule provision of the Reagan bill. be-
lieve it to be utterly impracticable 1 notice that
while we are all appealed to here to stand by the
Reagan BILL and are threatened with the failure
of all legislation if we do not, the friends
of the Reagan bill are themselves propos-
ing to amend it. Under the bill as it came from
the House it would be impossible for railroad
company to reduce its charges until it had for
five days posted up notice of the reduction in
every depot on all its lines. 1t would take FIVE
days certainly. possibly more to get the schedule
printed and put up on some of the long lines of
railroad, and then there are to be five days more
before any reduction or increase of rates could
go into operation. 1t is an uniutelligent way to
deal with this question; it is an impracticable
proposition.
Is it asking too much of those who really want
legislation to meet US upon the propositions we
have offered. namely. to prohibit extortion,
to prohibit all determinations, to estab-
llsh railroad commission which shall
make inquiry into all matters of railroad
management and shall reinforce the shipper in
his unequal contest with the railroads. Congress
ought at once to pass some efficient legislation
that will bring this gigantic power under the
control of reason and of law, instead of being
left as now with selfinterest as it's only law. We
ought to have legislation. We shall have it if
there is disposition to harmonize differences as
to details. If the commission plan is adopted
believe we shall have legislation that before it
has been in operation two years. will have the
universal approval of the people of this country.
Attempted Wife-Murder and Suicide.
MUSHROOM Mich. Feb. 6.-To-day, about