Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-05
INTERSTATE COMMERCE.
The Fifth Annual Report Submitted 10 Con-
gress Today.

gress Today.
TIE WORK OF TIE COMMISSION DURING THE PAST
YRAR REvrKwEp--A MARKED IMPROVEMENT N
THE OBSERVANCE OF THE PROVISIONS OF THE
LAw-AMKNpAESTs RECOMMENDED.
The fifth annual report Of the interstate COM
merce commission was transmitted to Congress
this morning. The report is under date Of
December last and is signed by Commissioners
Morrison. yeazey and Knapp. the resignation
Of Commissioner Cooley and the death Of Com
missioner Bragg having reduced the number Of
commissioners to three.
The report opens with general review OF
the work Of the commission during the year
In connection with what is said of the ststisti-
cal work q map Is given showing the division Of
the railroads Of the country into ten groups.
Tho railroad mileage Of the United States for
the year ending June 80. 1890, was les, 597
miles; the increase in mileage during the year
was 5, 1913 miles. The statistics appear fully In
the statisticians report
Passing to the question Of reparation for
damages, attention is called to certain decisions
TO the effect that where the commission has
been asked to consider a claim for damages
that question cannot subsequently be made the
basis OF a suit in court Since the announce
ment OF these decisions the commission has
ouu ponoSo upon QutbkAOu
whenever the issues and the evidence re-
qrired it.
SPECIAL SESSIONS OF THE COMMISSION
nave been held at a number Of places in vari-
GUS sections OF the country. The magnitude Of
the subject OF railway transportation requires
luii 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 be-
oil e.. L.
required. There is said to have beena
MARKED IMPROVEMENT DURING THE PAST TEAR
in tho disposition Of carriers toward COM
pliance with the law. Infractions of its pro-
visions are less frequent respects unjust
determinations, unreasonable advantages.
favorlng particular persons, places OF kinds of
business. but a. regards the duty of establish
ing and publishing rates and charges
little progress has been made. IL
devices which have been adopted by
carriers for the purpose of reducing rates
without previous publication OF the contem-
plated reductions, in respect both of passenger
rates and freight rates. The public grievances
arising from the failure of the carriers to COM
ply with the law in these particulars are
pointed out.
The methods OF securing obedience to the
law are by criminal proceedings for violations
and by civil proceedings to enforce the orders
VI 'ne commission. AZ mas oeen heiu III one OF
Nv .t,mSs = -a;,,aS aa,. no &c h VIC 40"
inally proceeded against for OF its pro
visions, and consequently agent aud officers only
are liable to Its penalties Where however, the
iHesai act OF an oncer or agent inures not 10
nis own dement, Out 10 that OF the conpany,the
iat'er, u would seem, should certainly be pun
ishable equally with the former. Besides. where
an oHense consists IN the ialiure 10 discharge
some duty required by law it is sometimes
uiinoait 20 say on "ha' agent tne auty Is nm
Poeeu aEu VINO Is consequently liable Ior It's
non-perioImancc. were the corporation
ITSELF lndlctable no such difficulty would
arise. Inc Interpretation which by GER
'ain courts mas been given TO the pro-
VISIONS OF the act looking to the enforce
ment OF the commissions decisions Ii such as
greauy 10 impair their effectiveness. And It
would seem thateven If the commissions decis-
ions may not have the hnality and inherent
vaidlty OF the judgments OF court they
should nave at least the weight and hnality of
tne report OF q master In chancery OF the
federal courts. Accordingly mode OF pro-
ceedng before the commission and In the
courts 10 enforce the commissions orders Is
recommended, ieading feature OF which Is
lnat the nearing IN court as 10 all matters not
requiring jury triais shaii De connneu 10 the
record OF proceedings had before the commits
sion anu 70 sach errors IN the record as shall
W oPeIiueeiJ Poin'eo o"t Wy P"f WIS "Ae6inS
error 'herein.
SHIPPERS CARS.
Under the head of Uniform Classification"
ia reviawed in sons det,;l tho .ct;o, of tho
-. :
carriers On 'niS SUBJECT SINCE 'ne enactment Oh
.ne .n'efs.a.e coni"erce Jaw, anu IN chapter
r;ers r. ia sbown that the driainoi concsrt;nn
Of a railroad company was not that of a car
rier, but merely of an organization to provide
a toll road Tor the vehicles OF the public gen
eraiiy. linen came charters permitting rail-
ROAD companies 10 act as carriers and generally
Us re-, exclusive carriers over lnei, Iihes.
me aenanus Oh commerce, however, necessi-
| ta.eu tne use VI ours oeiousinS 10 connecting
| CARRIERS pu' Tue reiauon Vi Tue rairoad com
Puny W .ne oNaer VI 'ne cars oe T llst ., q
hlrsr Oh properly lns.saa Oh eotiec.or Oh Tolls
anu m.. "nen ". .e " p. pPeis sIauu-
| ay S"ne nv use ~ was AZ INC eae way ~
sna. -, .ne "a. o"nes we, inIu VI Pa.iS loii
loi ano use VI VIE ioau =. Iin,, ieeeea eol n-
pensasunG;n naoni sus ntta GTUhpant ios ene
s use VI m ~ ~ ."o .i ns Houe Va MA
evidently nuts il 70 a large EXTENT into The
| carr;ar'S Mower To determ;ne What .ba ACRE
| cate comnensat,on in any nart,cnIar case 81 Il,
he The carrier Tins has the mower To liscrim.
| inate no. orlv bctwcen sbinpers baying cars
| of their own and those who are obliped 70 use
| tba c.rr;ar,s co,s but aIso Letwea1 sb;nnars
Who NAV both be nrovided with their pWn
| cars
| Severa, illustrations are riven sbowinq bow
| c,rriers have SOUGHT 20 All tbemsaIyas of tb;s
| condit;on of ,b;ncs som.,ima. onanly 90