Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-08
STATE RAILROAD OFFICIALS
Annual Convention Today at the Inter-
state Commerce Commission.
Views Differ n to the Repeal of the
Anti-PoolinE Clause
of the Law.

commissioners convened this morning at the
office of the interstate commerce commits
sion. In addition to the railroad commits
sioners Of the state in attendance, state Of
ficers charged with any duty in the super
vision Of railroads are entitled to seats In
the convention. At the last convention,
which was held in April, year ago, a COM
mittee was appointed to arrange for this
convention. There was quite a representa-
tive gathering this morning, and at IL
O'Clock the convention was called to order
by Mr.. j. H. Paddock Of Illinois. Mr.. Wood
rum Of Connecticut was elected chairman,
and Edward s. Moseley, the secretary of the
interstate commerce commission. was chosen
secretary. and Martin 8. Decker. also OF the
commission, was chosen assistant secretary.
In taking the chair Mr.. Woodruff acknowl
edged the honor which had been conferred
upon him and spoke briefly of the work be-
fore the delegates. Mr. Allen Fort of
Georgia was chosen vice chairman.
The most important feature of the days
proceedings was the presentation of the
minority and majority reports of the COM
mittee appointed at the last convention to
make report on pooling of freIghts and
division Of earnings. The majority report
was presented by Mr.. Peter A. Dey Of
Iowa, in which Mr.. Chadburn concurred,
and also Mr.. Beddingfeld. with the excep-
ton of the recommendation as to the un-
conditional repeal of the anti-pooling
clause. Mr.. Becker submitted a minority
report.
The Majority Report.
The report of Mr.. Dey comments mainly
on section of the act to regular commerce,
which makes 1t unlawful for any common
carrier. or subject to the provisions of the
act to enter into any contract agreement
or combination with any other common
carrier or carriers for the pooling of
freights of different railroads, or divide be-
tween them the aggregate or net proceeds
Of the earnings of such railroad.
1T is thought" the report states, that IL
section was repealed, and freedom given
to the railway companies to pool or other
wise divide their earnings, that compensa
tory rates would more generally be main
tanned at competing points; that the labors
or the commission in enforcing the law
would be lessened, and its authority re-
spected. because IL would enlist in its sup
port a very large proportion of the railway
service that Is now, by the force of self
preservation, compelled to antagonize both
the law and the commission.
Difficulties In the Way.
The difficulties in the way Of the enforce
ment of the law that may be cured by leg
islation are:
First Section 5, which should be uncon-
ditionally repealed.
Second. The holding of the courts that
neither the contracting agent of the railway
nor the shipper can be compelled to testi-
fy, which may be remedied by giving them
immunity from prosecution under the law.
Third. The holding of the courts that a
line made by the physical connection of two
or more railroads is distinct and separate
line. and the law that applies to its parts
does not apply to the combined lines. This
may be remedied by legislative definition,
which would. 1t Is believed. cure this diff.
Guilty. sN--'. - 49,
Views of the Minority.
Mr.. Becker, in his minority report, holds
that I'm my Judgment, the fifth section
of the interstate commerce act should not
be repealed 1t should be amended so as
to include in its provisions all net earnings.
from whatever source derived
Much might be said upon this subject
possibly not much that is new, because
1t has been widely discussed on both sides
by many eminent men, but / content my
self now with remarking that to my mind
the proposition to allow competing roads
to divide between them the net proceeds
OF their earnings Is nothing but an effort
to create under the forms of law a gigantic
railroad trust. In certain sense all rail-
roads are competing roads, and II such
roads are allowed to make pool of net
earnings II would include all roads In the
United States.
1T is said that nature abhors a vacuum
1t is equally true that the Jurisprudence of
this country abhors trust and that the
laws forbiding such combinations are fully
In accord with the common sense and undi-
vided sentiment of the American people,"
The Delegates. Present.
Those present were: Alabama, Clark;
Connecticut, Woodruff, Seymour, Robert
son; Georgia. Fort; illinois, Lape and YAM
tis; Iowa, Dey: Maryland. Buckley and
Thayer, jr.; Michigan. Billings; Minnesota.
Liggett, Mills and Teisburg; Mississippi
Askew. w. McLaurin and s. ]. McLaurln;
Montana, Cook; North Carolina, Wilson,
Beddinfield: North Dakota, Rasmussen and
Stevens; Ohio Kirby and Archer; Penn
sylvania, Stewart and Brown; Virginia, Hill
and Akers: interstate commerce commits
sion, Veazey. Knapp. Clements and Iee-
mans.