The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-19

determined by the commission the manner
of publication and the places at and between
which rates shall be published. Provision is
made for enforcing the requirements of the com.
mission in these respects through the courts
and for the maintenance of the rates that may
be thus published. Provision is also made for
the appointment, by the President, of five COM
missioners, to be confirmed by the Senate, the
commissioners first appointed to continue in Of
fee for the term of two. three. four Ave and
six years, respectively, beginning the 1st day of
July next. not more than three of whom shall be-
appointed from the same political party. Sew
eral sections are devoted to prescribing the du.
ties of the commissioners, and the manner in
which complaints are to be investigated and
prosecutions instituted under its direction, when
found necessary. The commissioners are to be
paid 81, 500 year each.
The report of the select committee of the Sem
ate upon interstate railroad transportation, to
accompany the Cullom interstate commerce bill.
introduced to-day, forms printed volume Of
ZIG pages 1t says the outlook is not good for
the United States to ship breadstuffs in
unlimited quantities throughout the civilized
world, and to the principal markets. both
for bread and meats, heretofore bought
at home From the judicial construction Of
the word commerce." it says, "by the court OF
last resort, it is apparent that it has very wide
meaning as applied in the Constitution. and that
it includes not only intercourse and traffic, but
as well. the subject.matter of intercourse
and traffic. and also the channels through
which, and the agencies by which,
such intercourse and traffic may
be carried on" Railroads, the committee de-
clares, are everywhere recognized as common
carriers and such are held liable in the courts
for the performance of such duties as devolve
upon common carriers under the law No COM
mon carrier has the right. under the common law,
to discriminate between persons places. or to
give preference III any manner Unjust discrin-
ination is the chief cause of complaint against
the management of railroads in the conduct Of
business and gives rise to much of the pressure
upon Congress for reeulative limitation. The
railroad companies do not recognize as they
should the fact that they sustain different re-
lation to the public from persons engaged in or
dinary business enterprises Railroad companies
are not disposed to regard themselves as holding
public Office, and being bound to the public
as expressed in the ancient law They do
not deal with each citizen alike. They
discriminate between persons and be.
tween places, and the States and
Congress are consequently called on to in some
way enforce the principles of the common law
for the protection of the people against the un-
lawful conduct of common carriers. The rail-
road corporations necessarily rely on the same
obligations to deal fairly and equally with al; its
citizens, without favoritism discrimination,
as the State itself. The report also says that
there is no occasion to consider the necessity OF
constitutional amendment for the regulation
of transportation until it has been demonstrated
by actual trial that the powers now possessed by
Congress cannot be exercised effectively.
The subject OF competition between water.
ways and railroads is discussed briefly and the
conclusion is reached that waterways are the
most effective regulators of railway charges
and the emancipation of the waters is
necessity The improvement of the Mississippi
and its tributaries Is briefly alluded to and warm
ly indorsed. Of the Hennepin canal the COM
mittee says that the commerce of the Nation
would derive fresh and continued advantages
from the construction of this canal Cheap
transportation between Chicago and the sea-
boards the report says, sis assured by the line
OF water communication open throughout the
great lakes, the Erie canal and the Hudson, and
nothing has been suggested by which water COM
petition could be extended over so wide, popu-
ous and productive a territory, at some moder-
ate expense as by constructing this short canal Of
seventy four miles, which would give to the peo-.
pie of the upper Mississippi States direct water
connection with all the States of the Atlantic
seaboard and with Europe. The necessity Of
this Improvement is made more apparent by
considering the more reasonable rates that pre-
vail wherever waterways are used as competitors
of railroads"
The committee formulates its conclusion FAC
companying each with arguments and citations
to show the ground on which they are founded),
as follows:
''The public interests demand regulation cf
the business OF transportation, because. in the
absence of such regulation, the carriers are prac-
ticaliy and actually the sole and final arbitrators
upon all disputed questions that arise between
shippers and carriers to whether rates are
reasonable, or unjust discrimination has been
practiced.
''Second-It is the duty of Congress to under.
take the regulation of the business of transport
tation, because of admitted abuses IN its man.
agement and of acknowledged determinations
between persons and places in its practical oper-
atons-evis which it is possible to reach and
remedy only through the exercise of the powers
granted by the Constitution to Congress, and
against which the citizen is entitled to that pro-
lection and relief the national authority can
alone afford
''Third-Natonal l~-islation is necessary to
remedy the evils com ned Of because the op-
erationS or the tran, ZION system are, for the
most part. beyond Il lsdiction of the States,
and. until Congrei its, not subject to any
governmental contrs, in the public interest.
"Fourth-National legislation is also neces-
sary, because the business Of transportation is
essentially of nature which requires that uni
form system and method of regulation which
the national authority alone can prescribe
"Fifth-Tbe failure of Congress to aid 10 an ex,
cuse for the attempts made by the railroads to
regulate the commerce Of the country in their
own way, and in their own interests by what
ever combinations and methods they are able to
put into operation. That problem of such
magnitude, importance and interest can be sum-
marily solved by any master stroke of legislative
wisdom ls, the committee says, beyond the
bounds Of reasonable belief That the railroads,
unaided or unrestrained. can or will eventually
work out its solution, seems highly improbable,
Judging from past experience and cannot reason
ably be expected. That satisfactory solution
of the problem can ever be secured without the
aid of wise legislation the committee does not
believe. The committee declares that publicity
is the best remedy for uni ust discrimination and
recommends the posting of rates under the direc-
tion of commission"
The concluding chapter ep1bodies a recon-
mendation for the establishment of national
commission te enforce the legislation which the
committee recommends.
THE SUPREME COURT