Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-11
RAILROADS RATIFIED
Over the CullOm Bill to Give the
Interstate Commissioners
MORE POWER THAN AT PRESENT.
IN Attack on the Tariff That Might Have a
Show of Success.
BOARDS OF TRADE GET A ROUGH sWIPE

to-day nearQ Iurtner rgumcuts upon TIE
pending Cullom bill to amend the inter
State commerce bill so as to clothe the CON-
missions decisions with judicial force and
otherwise to make its provisions more
stringent. j. X. Cowan, general counsel OF
the Baltimore and Ohio Railroad Company,
was the first speaker. He made long
argument to show that the bill was uncon-
asserted that the doctrine laid down by the
Supreme Court was that what is laid down
for reasonable rate is judicial question
which cannot be determined by a Legisla-
ture or by anybody except court of jus
tice By no form or device could Congress
take away from the courts the determination
of that question. The commission was not
a court, yet the bill proposed to devolve
judicial functions upon it.
Provision for an Appeal.
Chairman Cullom reminded the counsel
that there was provision made for an ap-
peal to the courts from the Commission.
The counsel acceded to the suggestion,
but added that the courts could only act as
appellate buyer; they could reject evidence
taken BY the commission, but could take no
new evidence.
Senator Hiscock remarked that the bill
| might easily be amended to meet that OBJ
lection.
The chairman called attention to the fact
that the bill authorized the courts, if dis
satisfied with the commissions findings, to
refer the case back for further considera-
tion or to pass upon the case after correct
ing the record before it.
The counsel insisted that the court was
still bound by the case made up by the
commissions, and was therefore deprived of
its full legal function. He tnen proceeded
at some length to point out objections to
the probable practical workings Of the bill
which he said violated the first principles
of anything like fair play. In but two
cases had the commissioners intervened in
court to secure the enforcement of the law.
In 95 per cent of the cases the railroad
companies had said: "Without questioning
your opinion on the subject we yield. :"
What then, was the occasion for this
extraordinary grant of additional power to
the commissioners In answer to a sugges-
tion from Senator Hiscock that the bill was
intended to facilitate the disposition of
cases, the counsel declared that instead of
speeding the action upon cases the bill
really armed the railroad companies with a
weapon of delay which the committee might
as well know now has been used.
The Chairman Has Question.
Chairman Cullom - The railroad COM
panies have always done that.
Mr.. Cowan-No, sir: the commission will
bear witness that of all their decisions they
can point to but two or three that have been
resisted, and that the companies are just as
prompt on their side.
Continuing he asserted that railroad COM
panies being bound by the commission s
record would insist for their own protec-
tion on making that record absolutely COM
plete. That would require the repetition
in each case Of an enormous mass of evil
dence taken in preceding cases, which
would consume much time and defeat the
very purpose of the bill.
Senator Hiscock believed the evil could
be cured by proper rate.
Chairman Cullom and Senator Harris,
however, did not see why the railroad COM
pany should not put in all material evidence
before the commission. The counsel re-
peated that it would not be feasible to dis
sent, because the issue was really not made
up until the commission was announced;
the companies did not know what points
they were to answer.
Having made reference to the sending of
apermission to railroad companies to accord
special rates to commercial travellers Sem
ator Higgins asked for the counse's opin-
ion upon the bill. He reported that there
was no more necessity for it than for fifth
wheel to q wagon. The Commissioners
could now grant all that drummers re-
quested, and the misconception on that
point had arisen from the decision of the
commission against the Baltimore and Ohio
Railroad Company in the ''party rate"
case
Kicking Against Safety Appliances.
William E. Rogers, ex-member of the
Board of State Railroad Commissioners of
New York and now a member of the Com
mittee on Safety Appliances, spoke in favor
of the bill introduced by Senator Cullom to
compel railroads to equip their cars with
automatic couplers and continuous brakes
and locomotives with driving-wheel brakes.
Mr.. Ely, of the Pennsylvania Railroad,
opposed any action at all by Congress look
ing to the equipment of railroad cars with
couplers on the general ground that legis-
lative interference was not needed. As the
railroads were directly interested they
should be allowed to settle the matter
among themselves He thought the matter
would in time adjust itself
New Decision Rendered.
The Interstate Commerce Commission
to-day announced its decision in the case of
Murphy, Wasey & Co. against the Wabash
and other railroad companies in favor of
complainants, who ship chair stuff, bed
and mattress material in mixed carloads
from their factory in Detroit to their other
factory in Omaha. On chair stuff, for ex-
ample, they are charged as much per hund-
red weight, under the Western classifica-
tion, for the transportation from Chicago or
Mississippi river points, as the route may
be, as for the more costly but finished ar
ticle. The commission informs of its power
and duty to fix minimum charges in
cases where complaint is made of un-
reasonable rates. The points decided
are briefly as follows: A carrier
should receive greater compensation
in the aggregate for hauling a carload of
large tonnage than one of less tonnage, but
other things being equal as q general rule
the rate per hundred weight should be less
in the former than in the latter case. A
maximum rate is prescribed for complain
ants shipments in mixed carloads of chair
stuff, spring bed and mattress material, all
wooden. minimum weight, $4,000 pounds,
of not exceeding 20 cents per 100 pounds
from Mississippi river points in Omaha, re-
sulting In through rate from Detroit to
Omaha via Chicago, of 80 cents per 100
pounds, and via Mississippi river points,
not through Chicago, of 3O11 cents per 100
pounds.