Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-12-07

WASHINGTON, December C. The rail-
way spool" bin, which has been taken
Up by the House for consideration, pro
poses Que Of the most important amend
ments 10 the Interstate Commerce law
vet advanced, and will engage the at
teutiOn OF Congress for several days, as
. vigorous fight is 70 be made upon the
bill by the labor organizations, and il Is
10 be- defended by all the railroad law
yers 10 Congress.
The object Of the bill is 70 authorize
competing common carriers, subject to
the provisions Of the Interstate Com
MERGE law, under certain prescribed
conditions, 10 enter into contracts for
division OF their earnings and 10 secure
q more expeditions and efficient enforce
ment OF TIE Interstate Commerce law.
Section of the present lSw, known as
the pooling section, declares such con
tracts to be unlawful. The policy OF in
cooperating this section into the law
was doubted at the time Of its passage.
The history OF the legislation diScloses
the fact that the bin TO regulate com
merce passed the Senate without this
section, and that 10 was added DO the
House through the advocacy Cf Judge
Reagan, Of Texas, chairman OF the
Committee on Commerce IA the House.
The bin went 10 a conference commit
tee and after every other provision in
the bill had been agreed 10 the Senate
COnferrees stood out against the anti
pooling section, and yielded only when
Judge Reagan announced his purpose
not % ggree 20 any bill unless it was in
cOrpOrated.
Subsequently Judge Reagan resigned
his seat In the Senate 20 accept the
presidency of railroad commission To-
Texas. After practical experience 10
answer TO "a letter addressed by the In
ter-State Commerce Commission 70 the
railroad commissioners in the several
Gates, Judge Reagan said: Further
study has caused me 90 believe that the
section may be amended so as 90 benefit
both the railroads and the people 6y al
lowing the railroads 20 enter into traffic
arrangement with one another" Re-
comfy there was held 10 Washington
convention Of railroad commissioners
and 10 adopted a resolution "that COM
petIug common carriers may safely be
permitted 90 maize lawful contracts
with each other for the apporti0nment
of competitive traffic or the earnings
tnereir0m; provided, that conditions
and restrictions be imposed which pro-
tect the public from excessive AID un-
reasonable charges"
This resolution meets With the con
Curreuce OF the Interstate Commerce
Commission The reasons which have
drawn those VINO are only interested on
the side of the public 20 this conclusion
are based on the fact that unjust dis
elimination on the part Of common car
riers subject 20 the act is more fragrant
aud hurtful because more secret and
insidious, than formerly, and results
detrimenJally alike TO the people and to
the railroads.
~ l-a-lrst section OF the bill under con.
FEDERATION amends tno iith section Of
the act re-euactiug the section suOStan-
TALLY as 10 is 10 the act and then pro-
vidiug that the inhibited contract may
be made under the limitations aud re-
strictiOus set out To the section. The
practice. effect IS 90 place the contract
under The exclusive control OF the Inter
State Commerce Comm sSiOn subject 20
final review by the Supreme Court OF
The United States; and unless that court
should reverse the action of the CON-
mission and approve the contract 10 can
not exist day longer than the commits
sion determines; and while proceedings
are pending in the court the action OF
the comm jSsiOn has the effect 20 render
the contract Illegal and uuenfOrCea0ls
and the parties are relegated 70 another
section provided for the emergency.
The power thus conferred on the
Inter State Commerce Commission Is
great aud can welded summarily 10 the
interest Of the public. The comm sSiOn
has nothing 20 do with the contract as
Between the parties 20 Il and has no
power 90 impair its obligation or ELI
cheney. ID can oaly act on behalf Of the
public and interDOSe where 10 appears
that the contract is detrimental 20 the
public interest. The commission Is
authorized 90 act on its own motion and
OF It's Owa v0litiOn, aud on evidence
elected 10 any manner it sees proper.
10 view OF this extraordinary power
was deemed by the committee proper
~ give % the parties 10 the contract
be right 20 apply 10 the Circuit Court
review tho action, subject 20 the
pht Of appeal % the Supreme Court of
United States. the contract TO re-
10 meanwhile Illegal aud uueniorce-
e. Should the parties 70 the contract
bly, 70 the Circuit Court to review the
on Of the commission 10 must be
a party defendant, and the court
. speedily determine the matter as
70 Of equity. Either party may ap-
90 the Supreme Court aud that
|rt is required TO advance the cause
cases OF appeal where the United
States is a party.
Another section of the bill is intended
20 give the commission power 20 grant
rehearlngs and make such notifications
and changes Of existing orders as may
seem equitable and just, and after it
has gone into court and applied for and
obtained a decree enforcing its order,
this section provides that tie cOmmlS-
sion IS not preCluded by such plea, but
Sc may on a subsequent rehearing mod
sly aud change the same 10 meet the
equities OF the case.