The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-23
rss nAILEsAo rooLIse BILL



ro@a pcciing bin hos been reported fav-
oransy 70 the sssase ufshou. amendment.
TIE railroad pooling bin. whsch has
passed tie Acuse and awaits action BY
the senate. 3 very long. but most OF rs
sections define ana extend the power Of
the interstate csnnnnerce eosrnissscn with
q view 70 enforcing the laws already IN
force. The smr0rtant part OF the bah -
as follows.
BE II enacted that section az an act
czrttrsca An aga % regulate ccmnerce.
approved February I. 1851, be amended 30
as to resd as f,sEiows:
Secs That 1t shan be unlawful for DIFF
ferent and competing common CARRIERS
subject 70 TIE provisions q this act, to
enter into any 'sonsract. agreement or ar
rangeusc7t for the DIVISION or appcrtscza-
mant among themselves or with other
carriers OF the whole or any portion OF
Instr traf1c or any % their gross or net
earnings: and each day OF the coE-izsi-
ance Of any suca contract agreement or
arrangement shall be deemed q separate
offense: Provided. however. that under
me following Conditions II shall be lawful
for such common carriers 10 enter tnto
such contracts agreements OF arrange
nessts. enforceable between the parties
thereto. that Is 20 say: Every such con-
tract. agreement or arrangement theresn-
after termed cantracs) shah be IN writing
and fiied with 'ttne commission created by
this act. and shall become lawful and en-
forceahIe between the parties thereto az
tia expiration OF twenty days from the
fling thereof, ,lnless the commission shall
IN the meantime. and upon inspection
thereof, make an order disapproving the
same; and 1t sail be the duty OF the COM
mission 20 make sucia ORDER OF disap-
prevail wthenersr. upon such Inspection. 1t
SHAH be Of opinion that the operation Of
any such contract would result IN UNI
reasonable rates. unjust Discrimination.
anfeEsor service, TO the public. or otherwise
corrraye2e any OF the provisions OF this
act 1t shah also be the duty OF the
commission to observe the working. opera
ton and effect OF every such contract.
which has become operative. upon the
transportation and business of the coun-
try and OF the several contracting par
ties. making ss1aia examinations and In
yestsgations IL relation thereto as the
commission may deem necessary, and to
investigate all complaints resaI.ng 20 the
rates. charges. facilities or practices main
tanned by or under any such contract or
BY any party thereto: and whenever the
commission, alter due notice and reason
able opportunity 10 be heard, shall find
that any such rates, charges, facilities or
practices are excessive or unreasonable.
or result In any unjust Determinations as
between individuals, localities or coulnaa,-
mites. or are otherwise in contravention
OF any of the provisions OF this act, the
commission shall Issue an order requiring
s.icsn rates charges, facilities or practices
maintained by or under such contract. or
by any party thereto, TO be changed, mod
lied or corrected as therein specified, or
In any such case the commission may,
II II deem necessary. make an order dis
approving the contract itself and rsquir-
Ing the same. to be terminated at a date
therein fixed. which shall not be less than
thirty days from the date OF such order
The effect OF any order OF disapprovai
shall be to render the contract 10 which
the same rekltes unlawful and non-en-
forceable from end after the date so fixed.
except as to any claims between the par
ties 10 such contracts arising prior TO that
date. Orders and findings of the commits
sion Disappearing any such contract
whether made, upon inspection thereof as
aforesaid or IN any subsequent proceed
ing after the same has gone into effect.
shall be subject to review by any circuit
court OF the United States sitting In
equity IN a judicial district in which any
party 70 the contract has its principal Of
fee upon petition fled by any party to
such contract. stating the facts and the
action OF the commission relative 10 such
contract. and making the interstate CON-
uaerce commission, under that name, a
party defendant: said court shall proceed
10 hear ard Determine the matter speed
lily. as cour; of equity. IN the manner
provided by section IS OF this act, as
nearly as may be. and shall make such
order or decrse.as may be Just and equis-
able. determining whether the contract in
question shall be lawful ana enforceable
notwithstanding the disapproyal thereof
by the commission. From the decree or
order OF said circlat court an appeal shall
be allowed 10 any OF the parties, IL taken
within thirty days, to the supreme court
OF the United States. and shall be adj
vaneed for hearing therein as appeals in
which the United States are a party:
Provided however. that the contract TO
which such order OF disapprovai relates
shall remain unlawful and non-enforce-
able during the rendency OF she proceed
ings in the t:irctFt court and during the
tendency OF any appeal zsserefrom 20 the
supreme court OF the United States.
re the parties 20 such contract shall
not comply with the requirements OF any
such orsser, other than an order of disap-
prevail. then the commission or any per-
son interested may proceed 10 enforce
such order OF the commission by petition
In any circuit court OF the United States
Sitting in a judicial district in which any
one OF the PARTIES 20 such contract has
shall be fled ali papers, exhibits and tes-
tiunony COR copies thereof certified by the
secretary. Of the cosnmission) filed with or
aiducef before the commission at tho
hearing or hearings had In the course OF
its investigation resulting in the order TO
enforce which she petition Is fled. and IL
upon cors.ss-ing the record 50 presented
the couyT shall be CT op.nssri that the
order % the, commission Is prinIa facse
lawful ard proper to be enforced then the
court shall. upon motion Of the complain
ant, Issue al once a restraining order or
preliminary Injunction entotning and re-
ssraining. until shs hearing. each and al
OF the Defendants from doing any act n
contravsntiota OF such order OF the COM
mission. ard requiring each and all o. the
defendants 20 conform 80 ard obey such
c~~fs.- ~ ssaa hast anfw s1ss5s