St. Paul daily globe., 1892-12-28
PATCHING THE HOLES
Left in the Interstate Law by
Recent Federal Court
Decisions.
Senator CullOm Hard at Work
on Amendments to the
Law.
Some Very Material Changes
Contemplated in the Pres
ent Statute.
One OF the Amendments to
Overcome Judge Brew
er'S Decision.

WASHINGTON. Dec. 27.-Mr. CullOm,
chairman of the senate committee on
interstate commerce, is not permitting
many hours to go to waste during the
holiday recess. He Is at his committee
room almost daily, and is devoting a
great deal of time to the consideration
Of the numerous bills amendatory to
the interstate commerce law that have
been introduced in the senate this ses-
sion. Immediately after the reassem-
bling of congress he will call the COM
mittee together and urge the considera-
ton of the measures that have been
proposed, many of which are intended
TO Vitallze and add strength to the law.
upon which heavy inroads have been
made by recent federal court decisions.
"These bills will be reported to the
senate at the earliest practicable day."
said Mr.. Cullom this morning, land L
intend to insist upon their consideration
by the senate. The measures proposed
are of great Importance, and l con-
template some very material changes in
the existing statute. The general law
is to be amended so as to protect wit
nesseS in order that they may be COM
PEELED to testify. The old statute Of
1868, under which the law operates. is
held not to be broad enough, and for it
must be substituted an amendment TO
the interstate commerce law that will
give
Absolute Protection
to the witness in the matter of criminat-
ing testimony. The law should be
amended in the interest of other prose-
cutiOns.
"The decision of Judge Gresham is to
the effect that the federal courts of the
country cannot be required under the
constitution to act as aides to an admin
istrative body In the prosecution of its
work. However, the decision indicates
that law will be constitutional which
provides penalty for refusing to tes-
tify or produce books. and that the pen
atty could be prosecuted in federal
court. The proper remedy thus sug-
gested In the decision of Judge Gresham
can be supplied in an amendment that
has been introduced. A decision made
by Judge Brewer has been taken up by
other courts and made the basis for de-
cisions that are apparently not in har-
mOny with the original opinion, but
which will be held to be good law until
reversed, and perhaps the best way to
avoid any entanglements is to amend
the law at the outset. The decision re-
ferred to is perhaps right in itself, but
the dictum makes declaration as to
what is railroad line. or what COM
prises a 'line,' and has more or less
bearing upon the construction of the
long and short clause. This dictum
is wrong, and legislation is required 70
define what line is.
Another bill the railroads are inter-
eSted in," continued the senator, "iS the
general amendment popularity known
as the bill
To Permit Pooling.
1T is not, properly speaking, such
measure. but is intended to give rail-
roads authority to make contracts be
tween competing lines for the division
OF freight, subject to the approval or
diSapproval of the interstate commerce
commission. The original senate bill, :.
passed in 1885, had provision authOriZ-
ing the commission to investigate the
question whether pooling was advisable
and report to congress. When the
measure came before the conference, the
house cOnferrees insisted upon the elimi-
nation of the clause, and Mr.. Reagan was
especially persistent and refused to sign
the report, unless the clause was taken
out. This was done and the bill passed.
| have noticed recently that Mr.. Rea-
gan has experienced change of senti-
ment on the subject, for hear that he
is out in letter in which he favors the
granting of authority to competing
roads to make contracts for division of
freight. subject to approval by the COM
mission"
Mr.. Cullom does not say whether he
favors the pooling amendment or not,
but the inference is that he would be
opposed to it. The committee is not a
unit on the amendment, for there are
some members who believe it would be
a good thing and would mitigate much
evil now existing, or at least claimed by
the railroads to exist, in the matter of
freight rates, and would be sure rem
edy for that discrimination which is said