The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-31
THE RAILROAD POOLING BILL.
Provisions of the Measure Chambers
of Commerce Are Discussing.

Provisions of the Measure Chambers
of Commerce Are Discussing.
Following is the most important part
of the railroad pooling bill, which was
under discussion by the last congress and
interest in which has just been revived
by the circular issued by the New York
board OF trade and transportation to the
chambers of ccmmerce all over the coun-
try:
BE ii enacted, that section 5 of an act
entitled An act to regulate commerce
approved February 4. 1887, be amended SO
as to read as follows:
Sec. .. That il shall be unlawful for diff
ferent and competing common carriers,
subject TO the provisions of this act TO
enter into any contract, agreement or ar
rangement for the division or apportion-
nent among themselves or with other
carriers of the whole or any portion of
their traffic or any of their gross or net
earnings; and each day of the continu-
ance of any such contract, agreement or
arrangement shall be deemed separate
offense: Provided. however, that under
the following condition ii shall be lawful
for such common carriers to enter into
such contracts. agreements or arrange
ments, enforceable between the parties
thereto. that is to say: Every such con-
tract. agreemnt or arrangement therein
after termed contracD shall be IN writing
and filed with the commission created by
this act, and shall become lawful and en-
forceable between the parties thereto at
the expiration of twenty days from the
filing thereof, unless the commission shall
in the meantime, and upon inspection
thereof, make an order disappearing the
same; and il shall be the duty of the com
mission to make such order of disap-
prevail whenever, upon such inspection, ii
shall be of opinion that the operation of
1rsnh mi
reasonable rates, unjust discrimination,
inferior service to the public, or otherwise
contravene any of the provisions of this
act. 1t shall also be the duty of the
commission to observe the working, oper-
alton 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 such examinations and in
vestigations in relation thereto as the
commission may deem necessary, and to
investigate all complaints relating to the
rates, charges. facilities or practices
maintained by or under any suck con-
tract or by any party thereto and when
ever the commission, after due notice and
reasonable opportunity to be heard, shall
find that any such rates. charges, facil-
tiles or practices are excessive or I'M
reasonable, or result in any unjust dis
ordinations as between individuals, To-
wise in contravention of any of the pro-
visions of this act, the commission shall
issue an order requiring such rates,
charges. facilities or practices maintain
ed by or under such contract or by any
party thereto, 10 he changed. modified
or corrected as therein specified, or in
any such case the commission may. if il
deem necessary. make an order disap-
proving the contract itself and requiring
the same 10 be terminated at a date
therein fixed. which shall not he less than
thirty DAYS from the date Of such order.
The effect OF any order OF disapproval
shall be to render the contract TO which
the same relates unlawful and non-en-
.oreeable from and after the date so fix
ed. except as 10 any claims between the
parties 10 such contracts arising prior 10
that date. orders and findings of the
commission Disappearing any such con-
tract. whether made upon inspection
thereof as aforesaid or in any subsequent
proceeding after the same has gone into
effect. shall be subject 70 review by any
circuit court Of the United States sitting
in equity I'm a judicial district in which
any party 10 the contract has It's prinCi-
pal office upon petition filed by any party
to such contract. stating The facts and
the action OF the commission relative to
such contract. and making the Interstate
commerce commission. under that name,
a party defendant. said court stall pro-
coed TO hear and determine the matter
speedily. as a court Of equity. III the
manner provided ny section Is OF this act,
as nearly as may he. and shall make
such order or decree as may be INST and
equitable. determining whether the con-
tract in question shall he lawful and en-
forCeahie outstanding the disanpro-
Val thereof by the commission. FROM
the decree or order q said circuit court
m appeal shall be allowed 20 any Of the
parties II taken within thirty davs 20
ths supreme court OF the United States.
and shall 10 advanced for hearing there
in es appeals in which the United States
are a marty. Provided. however that the
contract To which such order ~ disap-
prevail relates shall remain unlawful and
non-euforceahle during the tendency ~
tho proceedings in the circuit court and
during the pendency OF any appeal there
from 70 the supreme court Of the United
States.
IF the rarties 20 such contract shall
NOT Cor7niv with the requirements Of any
such order other than order ~ disa0-
prevail. then tire commission oT any per
son interested NAV proceed 70 enforce
such order - the commission by petition
In arv circuit court % the United States
si-tirC in a judicial district IN which any
one II the ua~rieS % such contract has
its PRINCIPAL office with such petition
shan ~ filef all papers. exhibits and tes-
t-T0ny Tor comics foereof certified hE the
secretary ~ tho commits lcn9 A}ef with or
aafueef before the commission 1T the
hearing or hearings had fn the course of
SIS Investigation resulting IN tn order -
enforce which the petition IS flied, and u
uron considering the record 50 presented
the court shall 10 ~ opinion that the
order Of tha commission Is prina facie
lawful ard proper 70 - enforced then the
court shah. upon motion of TIE complain
ant issue az once q restraining order or
preliminary Injunction enioining and 20
Strsfnfus until the hearing sach ana all
Of fhe defendants from Doing any act in
corfraventlon 81 such order ~ the COM
-