Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-10
AN AGREEMENT.
TIE INTERSTATE COMMERCE BILL
PUT INTO SHAPE.
The Conferrees Finish Their Labors-Rail.
roads and shippers-Points Of Com
promise synopsis.
lBy telegraph to the Dispa sch.,

commission feature OF the Senate bill IL &C
copied by the House conferrees, while tb'
Senate conferrees accept the system pro
posed in the Reagan bill, under which th'
shipp,r is entitled to sue for dlmlges "
United States courts In his own behalf
THIS gives shippers the option OF makiue
complaint 10 the commission, or institutlns
suit In the Federal courts. Railroads are
prohibited from charging more for o shori
than for longer distance upon their own
lluosID the same direction, the shorter being
included within the longer. distance, and
the circumstance and conditions being thr
same; but the commission Is authorized
upon application OF the railroad, and after
an Investigation Of the facts TO relieve the
roads from the operation OF the general rule
in special cases. The Senate conferrees agree
to the absolute prohibition OF pooling con-
tanned In the House bill. These were the
main features Of difference. On the ques.
ton OF publicity Of rates the provisions OF
the two bills have been merged, so az To
require each railroad to make public rates
between points upon Its own road, n pro-
posed IN the House bill; and, In addition,
The commission Is required to secure
publicity OF through rates in so far as 1t may
befound necessary.
lut 1OlioNlDg W u SNUoDsls VI TUE pun
cipal features OF the substitute bill as agreed
upon:
The act is made to apply to transportl-
ton OF passengers or property by railroad,
or partly by railroad and partly by water.
when both are used under common control ;
the management or arrangement Tor con-
iinuous carriage on shipment between any
Il the States or Territories, or from the
United States to any foreign country. or
from the United States through foreign
country into the United States, as well as
TO property shipped to or from any place In
the United States from or 10 = foreign
country. The term railroad" is defined
to mean all roads and all bridges and
ferries used and operated by any corpora
ton, and the term transportation is de-
claied TO include all instrumentalities Of
shipment or carriage which is intended to
bring fast freight lines, express companies,
sleepiDg.car companies, etc., within the
application OF the act.
Section prohibits unjust discrimination
in the charge between individuals by means
OF special rates. rebates, or other device Tor
like and cofftemporaneous service under
substantially similar circumstances and
conditions.
Section prohibits making or giving I'M
due or uni asonable preference or advan'
tagc TO any particular person, company,
firm, corporation, or locality. or any par
ticular description OF traffic in any respect
whatsoever. Railroads are required to
afford all reasonable, proper. and equal
facilities for interchange OF traffic between
their respective lines, and are prohibited
from discriminating in their rates and
charges between connecting lines.
Section relates to long and short hlulS.
and section 3 TO pooling, and their proyi-
sions have already been stated.
Section 6 requires railroads to print and
keep at every depot for public inspection
copies Of their schedules OF rates and fares
and charges between all points on their
lines, and prohibits them from charging
more or less than the rates they may thus
establish or make public. Advances III
such rates end fares and charges must not
he made except after ten days public no.
tice. Reductions may be made without pre-
yious public notice, but notice OF the same
must be given immediately. Whenever any
changes are n ade they must eitler be i'm.
mediately indicated upon such schedules
then in force and kept for public inspec-
ton, or new schedules must be printed.
When Joint tariffs OF rates upon continuous
lines are agreed upon copies must be filed
with the Commission, and must be made
public in like manner when directed by the
Commission so far as may be made practica-
BILE. II railroad refuses to make its rates
public as required. the Commission must
institute proceedings in the United States
courts. which are authorized to enforce
obedience by any method that may become
necessary, even to stopping the road from
uansacting business.
Section provides that interstate ship
ments shall be considered as continuous
from the place Of shipment TO the place OF
destination, despite any breaking Of bulk,
stoppage, or interruption made to eyade the
act.
Section makes any common carrier sub
jcct 10 the act liable TO persons Injured for
damages sustained by any violation OF the
provisions OF the act, together with reason
able attorneys fees In any case OF recovery.
Section provides that any person claim
ING 10 he damaged may either make COM
plant TO the Commission or may bring suit
i'm the United States court for the recovery
OF damages TO which the common carrier
nav be liable under this act but such per-
sons must elect which course they will
pursue, and cannot adopt both.
Section 10 declares common carrier or
any officer, or employe OF one. who shall
wilfuily violate any OF the provisions OF the
act guilty OF misdemeanor. and makes the
penalty a fine not exceeding $1,000.
Section II provides for the appointment
of five commissioners by the President.
No per on in the employ OF. or holding any
Official relation TO, any common carrier
subject 10 the act, or owning stock or bonds
thereof, or WHO'S In any manner pecuniaiily
interested therein, can hold such Office, and
not more than three OF the commissioners
can be appointed from the same political
party.
Section II gives the Commission author
ity 10 inquire into the management OF the
business OF railroads aad TO obtain from
them full and complete Information, and
for this purpose the Commission is given
power to require the attendance and testi-
mony OF witnesses and the production
Of books and papers.
Section Is provides that complaints may
be made by petition to the Commission by
anybody complaining OF any violation OF
the act. a statement Of such charges must
be forwarded TO the railroad, which must
be called upon 10 satisfy the complaint, or
10 answer the same within a given time.
II settled TO the satisfaction OF the CON-
p'ainant that ends the matter; but when II
Is not the Commission must investigate the
complaint.
Section IA requires written reports OF all
investigations, and makes such reports oil
the Commission pTimdJdcie evidence as TO
the facts therein stated In all judicial pro-
ceedings.
1t il provided in section 10 that when the
Commission finds that the act has been yio-
lated il shall notify the railroad OF its find
ing and the State within which il must
make reparation. II the railroad, after
such investigation and finding, complies
with The requirements OF the Commission
il is relieved OF further penalty.
When the railroad refuses 10 obey any
lawful order or requirement OF the Com
mission, section IL requires the Commission
TO apply to the United States counts, wlIct
are REQUIRED to hear snd determine the mat
ter in q summary way on short notice
and when it appears that the order OF til,
COMMISSION has been violated, the Cour
must onjoin obedience by mandamus, In
junction, or writ OF attachment, and MAY
fix penalty OF not exceeding $500 per da!
for the disobedience Of such orders. Rail
roads ore given the right TO appeal TO th'
United States Supreme Court when tn
subject in dispute exceeds $1,000, but sucl
appeal does not operate TO stay or super
cede the order Of the Court, and the rail
roads must comply Herewith until 1t !
changed or overiuled on final hearing.
Section II relates 10 the proceedings o
the Commission, which must be published
upon request Of either party interested.
Section Is fixes the salaries OF the com
missioneTs at $1,000 per annum, and pro