The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-06
COMMERCE
Report OF the Commission Trans
mitted to Congress.
THE WORK DURING THE YEAR.
a Marked Improvement inytllc Dis.
4 position OF Carriers Toward Com.
pliancc OF tho, Luw..Dictliods of Sc.
curing oBrdiencc.-Usc OF Shippers
Cars..Throush Routes aud Rates.
= Amendments Proposed. tsH

!. lLN IT,.
WASHINGTON, D. G., Jan. 5.--Thc fifth
sIannualreport OF the Interstate Com
merce Commission was transmitted to
Congress this morning. Tho report is
under date OF December I last, and is
signed by Commissioners Morrison,
Ncazoy and Knapp, the resignation OF
Commissioners Cooley and the death Of
Commissioner Bragg having reduced
4 the number OF commissioners TO three.
The following is bliei synopsis OF the
report:
y Tho report opens with q general rc-
view Of the work Of the commission
during the year. In connection with
what is said Of the statistical work u
{. map is given showing the division OF
the railroads OF the country into ten
groups. The railroad mileage OF the
United States for the year ending June
\ 80, 1890, was 49,, 507 miles; the increase
in'milcage during tho year was 5.SiS
miles. The statistics appear fully in
tho statistician's report. Sos \
Passing to the question Of renaration
for damages, attention Is called to GER
tain decisions to the effect that where
Ethe Commission has been asked TO con-
slider claim for damages that question
y cannot subsequently be made the basis
Z OF auit in court. Since the announce.
mcnt of tho decisions the Commission
has considered and passed upon that
I question whenever the issues and the
dcnccrequired it:
Special sessions OF tho Commission
have been Held ut q number OF places
! in various sections oil the country. The
magnitude OF tho subject OF railway
transportation requires full information
/ and great familiarity with the varied
conditions affecting traffic in widely
separated sections OF the country, and
&,these special hearings in different
places it is believed are essential
to gain the information required,
There is said to have q been ii
Z MARKED IMPROVEMENT DURING TIE YEAR
in the disposition OF carriers towards
{ compliance with the law. lnfractions
OF its provisions are less frequent as re-
Y spects unjust determinations, unrca-
sonable advantages, favoring particular
Z persons, places or kinds OF business;
but as regards the duty OF establishing
and publishing rates and cilargesrlittle
progress has been made. Illustrations
: are given OF certain devices which
I. have been adopted by carriers for the
purpose OF reducing rates, without pre-
'vious publication OF the contemplated
reductions, in respect both of passen-
ger rates and freight rates. The public
grievances arising from the failure OF
z the carriers to comply with the law in
these particulars. are pointed out.
THE METHODS OF SECURING OBEDIENCE TO
THE LAW
are, by criminal proceedings for viola
tions, and by civil proceedings to EN-
force. the orders OF the commission. 1t
has been held in one OF the United
States circuit courts that as the law now
S stands railroad company cannot be
criminally proceeded against for in
traction OF its provisions, and conse-
quently agents and officers only are
liable to, its penalties. Where, how
ever, the illegal act OF an officer or.
agent inures not to his own benefit, but
to that OF the company, the latter, it
would seem,should certainly be punish
able equally with the former Besides,
where an otfense consists in tho failure
ITO discharge some duty required Ny
law, il is sometimes difficult to say on
what agent the duty is imposed, and
who is consequently liable ior its nom
/. performance. Were the corporation
itself indictable no such difficulty
would arise. But "the line between a
criminal violation OF the law and mere
= error OF judgment or opinion as TO
z what is lawful or unlawful ina particu-
lar case is oftenvery difficult to locate. J"
Under the head OF
IL "u.;IFOEM CLASSIFICATION"
is reviewed in some detail the action OF
I the carriers on this subject since2the
enactment OF the interstate commerce
. law. II ~.
1t is shown by the deliberate state
! ments OF experts in the employment OF
the carriers that u much nearer APP
\ proach to uniformity than now exists is
4 practicable, without danger OF serious
8dctrimcnt to tho interests involved. In
Il facta practically uniform classification
+ and a report iavoring tho adoption
thereof, was agreed on in June, 1890.
by-a committee representing the prin-;
7'sS(pal traffic associations Of the country.
Anew OF tho carriers, however, refused
to ADOPT the classification, and rs unan-
4 imouS action was most desirable, if not
Fneceseary the committees suggestions
ahavd not been put in force. Meantime
1.-THE commercial bodies oiSthe country
%aro)urgent in their demand for this re-
efor8n, and the commission is asi:ully as
5eve& convinced OF tho desirability OF it,
gDeAnite action by carriers is therefore,
RECOMMENDED, looking to compel tho
carriers to adopt uniform classified.
i tionl
mi a chapter treating OF the
USE. OF SHIPPERS CARS +
! by carriers, it is shown that the original
4 conception OF a railroad company was
nov that OF q carrier, but merely OF an
organization. 20 provide 3 toll road for
Sithes vehicles Of the public generally.
Then came charters permitting railroad
g companies to act MS carriers and igener-
$allyS as exclusive carriers over their
I lines. y 70 Z. q, 4, = !'g.5
The demands of commerce, however,
\ necessitated the use OF cars belonging
ito connecting carriers; but the relation
Il OF the railroad companyto the owner
K Of the cars became that Of ahirer OF
property instead OF a collector Of tolls,
81 and when tho cars oil .nrirntn SINNERS