Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-20
REGULATING THE RAILROADS.
The Interstate Commerce Law and TIE
Practical workings.


| meaning Of the interstate commerce law and
ascribed to it an intent not contemplated when
II was passed" the commission state in their
annual report which was submitted to Con-
gress today.
But the effect Of these decisions" the re-
port adds, has been greatly exaggerated; judi
cial construction has not invalidated the essen
tial features Of the statute nor condemned the
general principle on which il is founded, and
only In respect of appliances provided for
carrying Its main purpose into effect has the
law been weakened by the Judgment Of the
courts. The original act, passed nearly six
years ago, was in q measure experimental but
only two amending acts have been adopted,
and 1t Is surprising that so much has been &C.
complished with so little aid In the form Of
| needed amendment.
coMPnoMrsE.
The interstate commerce law, although the
outgrowth of an aroused and determined pub
nc sentiment, was q compromise between
divergent theories and conflicting interests,
but those who contrast the practices which OBJ
tanned prior to the law with methods and con-
ditions now existing will have doubt of the
potential value OF the statute in correcting pub
lie sentiment, restraining injustice and enforc-
ing reasonable charges and equal treatment
SO FAR from condemning public regulation ex-
perfence has established its Importance and
intensified its necessity, and the very respects
In which the law has failed to meet public ex-
pectation demonstrates the utility of govern
ment supervision
Since December /, 1891, hearings have been
held and Investigations made not only at the
commissions rooms in Washington, D. c.. but
also In Cincinnati, Atlanta, Chattanooga, Nash
vile, Minneapolis, Boston. New York, Chicago.
Omaha, Boise City, Portland, Ore; San
Francisco, Los Angeles, Wichita and Troy,
Ala The report states that the character Of
proceedings before the commission indicates
that the main causes of complaint arise from
determinations and preferences in rates and
facilities and not from rates unreasonable in
themselves.
At the request of the Senate committee on
finance the commission, during the present
year, directed its auditor to collect statistics
showing changes in rates from the earliest
period for which it was possible to obtain data
TO the present time These statistics, which
viii be included in the report of that commit
tee to Congress on the subject Of prices and
wages. show a material decline in rates and
ciassihcations prescribing rates which appears
universal, and the commission thinks the
minimum has not yet been reached
PENDING AMENDMENTS.
The report enumerates the various amend
ments to the law pending in Congress-
A measure recommended to Congress at its
last session bears upon the publication and
ming OF joint tariffs, and was designed to pro-
hiblt carriers from carrying interstate traffic at
any other than local rates until the Joint tariff
should be published and filed, and authorized
or ratified in writing filed with the commission
by each OF the carriers parties to such joint
tariff; and an instance is given where the prose-
cution In criminal case failed because one Of
the roads could not be shown to have authorized
the making and filing of certain Joint rates.
pouth era fofo dad
by the commission is that railroads or other
corporations subject to the act should be made
lndictable for criminal offenses under that
statute.
IMMUNITY TO WITNESSES.
The decision Of the Supreme Court in the
"Counselman case" holding that the provisions
OF section $50 of the Revised Statutes granting
immunity to witnesses required to testify con-
corning illegal acts In which they have partici-
pated are not broad enough to meet the safe
guards guaranteed to such a witness by the
Constitution, has rendered it impossible to sue
cessfully prosecute violations of law where the
evidence must be procured from parties who
are themselves implicated.
A bill to amend section $50 of the Revised
Statutes, introduced at the last session and now
pending, was designed to make that section as
broad in its protection the immunities
provided by the Constitution. and was subse-
quently amended to confine il to offenses aris-
ing under the interstate commerce act. This
embarrassment also extends to civil proceed
lngs, wherein a witness may refuse to answer
on the ground that the testimony may tend to
incriminate him, and q case before the commits
sion is cited in illustration.
The pending bill to remodel the mode Of pro-
cedure in civil cases under the act to rsguli
commerce, principal provision being TO con-
fne and limit the inquiry Of courts called upon
to enforce the commissions orders to the test-
mony and pleadings before the commission,
has aroused much antagonism.
THE GRESHAM DECISION.
The report discusses the late decision of
Judge Gresham that Congress cannot constitu-
tionally require the federal courts to use their
process to compel the production Of testimony
before a nom judicial tribunal, and that there
fore the provision to that effect in the twelfth
section of the act is null and void such pro-
ceeding not being lease or controversy
within the meaning Of the Constitution; but
that Congress may provide a penalty for re-
fusal to testify before the commission or other
non-judicial bodies, subject to the exercise of
their privilege not to disclose matters which
might tend to criminate them, and that prose-
cution for violation Of such a statute would
clearly be a lease or controversy" and not q
mere application Of n-judical tribunal
The refusals to testify in this case we're not
based upon the ground that the testimony
might criminate the witness or anybody; that
ground of objection was expressly waived.
The commission further says that as usual
where the decision Of court has DESTROYED
some useful feature Of law it is heralded by
hostile interests a destruction Of the whole
structure and in view Of this it is proper to
note that the Gresham decision Is not SO far
reaching 1t merely destroys an important,
though not vital, piece of the machinery pro-
vided to enable the commission to perform its
duty under the law.
POOLING AoREEMENrs.
In the discussions preliminary to the act to
regulate commerce there radical difference
Of opinion as to the policy Of prohibiting pool
ing" and the views then prevailing are con-
sidered. Pooling agreements are now pro-
hibited, but numerous bills proposing to repeal
or modify that prohibition have been intro
duced and as the law has now been in opera
visable to ascertain the present state Of opinion.
The commission therefore addressed circular
letter to state railroad commissioners, boards
of trade and similar organizations, prom
inent thinkers and writers on trans
portation and commerce and to various
railroad presidents and managers soliciting
their views and requesting them to state
whether in their opinion it is practicable and
il so advisable to amend the fifth section SO as
to legalize such contracts between connecting
lines would tend to diminish unlawful dis
ordinations and preferences in rates and to
maintain lawfully authorized reasonable rates.
1t was deemed idle to consider any other con-
tracts than those described. for. however men
differ about methods, there is practical