The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-12-30
7Hr clulom AMENDMENTS.

WASHINGTON, Dec. 20 Mr. Cullom.
chairman of the senate committees on in-
terstate commerce, Is not permitting many
! hours TO 90 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 SEN
ate this session. Immediately after the
reassembling of congress he will call the
committee together and urge the consider
alton of the measures that have been pro-
posed, many Of which are intended to
vitalize 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 sell
ate at the earliest practicable day." said
| Mr.. Cullom. and intend to insist upon
| their consideration by the senate. The
measures proposed are OF great import
| ance and | contemplate some very mate
rial changes in the existing statute. The
general law is 20 be amended so as 10 pro
tect witnesses, IN order hat they may be
! compelled to testify The old statute Of
1858 under which the law operates, is held
not TO be broad enough, aud for II we
must substitute an amendment TO the
interstate commerce law thar will give
absolute protection 20 the witness in the
matter Of eliminating testimony. The
law should be amended in the interest of
other prosecutions.
The decision of Judge Gresham is to
the effect that the federal courts of the
country cannot be required under the con-
stltutlon 10 act as aids TO an admnistra-
tive body in the prosecution of its work.
However, the decision indicates that law
will be constitutional which provides a
penalty for refusing to testify or produce
books, and that the penalty could be prose
cuted in a federal court. The proper
remedy thus suggested in the decision of
Judge Gresham can be supplied in an
amendment that has been in
troduced A decision made by
Judge Brewer has been taken up by other
courts and made the basis for decisions
that are apparently not in harmony with
the original opinion, but which will be
held to be good law until reversed. and per-
haps the best way to avoid any entangle-
ments Is to amend the law at the outset.
The decision referred to IS, perhaps, right
in itself but the dicrum makes deClara-
tion as to what is railroad line or what
comprises line and has more or less
bearing upon the construction of the
long and Short clause The die
tum is wrong and legislation is re-
quired to define what line is.
Another bill the railroads are interest
ed in," continued the senator, lis the gem
eral amendment popularity known as the
bill TO permit pooling 1t is not, properly
speaking, such a measure, but is intended
to give railroads authority to make con-
tracts between 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 a provision author
lzlng the commission to investigate
the question whether pooling was advis-
able and report to congress. When the
measure came before the conference the
house conferees insisted upon the elimina-
tion 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.. Reagan has ex-
perienced a change of sentiment on the
subject, for | hear that he is outln letter
in which he favors the granting of author
iUy to competing roads TO make contracts
for division Of freight, subject to approval
by the commission"
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 unit on the
amendment, Tor there are some members
who believe it would be good thing and
would mitigate much of the evil now eX-
listing, or at least claimed by the railroads
TO exist, in the matter of freight rates, and
would be Il sure remedy for that discrlml-
nation which is said to be exhibited by
some of the trunk lines i'll favor of the
large and against the small shipper.