The evening tribune. (Pawtucket, R.I.) 189?-190?, 1896-12-18
ANNUAL REPORT.
The Interstate Commerce
Commission Presents II.
Supreme Courts Rulings Show
Defects in the Law.


commerce commission yesterday pub
lished it's 10th annual report Three de-
cisions of the supreme court relating TO
the interstate statute are mentioned as
of paramount Importance.
The most far-reaching of these de-
cisions was announced in March last
in the case of the Texas and Pacific
Railway company VS.. interstate COM
merce commission, originally decided by
the commission I'm January. 1891, and
commonly known as the import rate
case" This proceeding was brought by
the New York board Of trade and trans
portation against the Pennsylvania
Railroad company and others. The case
practically raised the general question
whether in the carriage of goods from
American seaports, carriers subject to
the act could lawfully charge less for
the transportation of import than of do
nestle traffic of like kind to the same
destination. The commission held that
any difference In charge for like service
as between foreign and domestic traffic
was unlawful. The supreme court by
q divided opinion reversed this opin-
ion. and the commission remark that
the construction OF the act thus adopted
opens the door to manifold abuses from
which there is little protection and for
which there is little redress under the
law as now in force. They urge the
necessity of amendatory legislation.
The next case referred to is the social
circle case" which arose on complaint
OF firm Of buggy manufacturers in
Cincinnati against the Cincinnati, New
Orleans and Texas Pacific, Western and
Atlantic, and Georgia Railroad COM
panies, alleging a violation Of the long
and short haul clause byA a charge Of
$1.37 per 100 pounds on buggies to
Social Circle, Ga, So miles east of At
lanta, while their rate for the longer
distance through Social Circle to Au-
gusta Ga, was only s107. The competi-
tion alleged to justify the lower rate for
the longer haul included rail lines from
Cincinnati, Baltimore and other points
and water lines along the Atlantic coast
connecting with rail lines from Charles
ton and other seaports. Although the
supreme court did not, as it was hoped
it would, enter upon a full construction
Of the meaning Of the long and short
haul provision, il did hold that whether
the greater shorter distance charge Is
justified rs one Of fact peculiarly within
the province of the commission" In this
case, as in the import rate case, the full
est power to enforce the provisions OF
the act is conceded to the commission.
The third important case cited is THE
Brown case" which involved the right
of the commission to compel witnesses
to testify. full synopsis of this i'm
portant decision is set forth in the re-
port and the commission says: This
decision seems to have effectually re-
moved the embarrassments hitherto en-
ccuntered in obtaining the testimony OF
unwilling witnesses in penal cases, and
under it and the ruling of the supreme
court in 1894, in the Crimson case, little
difficulty is now experienced in securing
the attendance and testimony of such
witnesses in proceedings before the COM
mission"
Frior to this decision ii was imprac-
ticable i'm most cases to secure convic-
ton, but now when any party to a Grim
inal transaction can be forced TO giv>
evidence against his fellow wrongdoers
and is under inducement to do so be-
cause of resulting immunity to himself
there seems to be no special difficulty i'm
ccnvicting transgressors under this
statute, and the proposition to abolish
punishment by imprisonment, as now
provided for in the law, is opposed by the
commission
The practice of the commission to in
vestigate grievances stated in letters
from shippers or consignees continues
to operate successfully. An investiga-
ton Of irregular practices and rate
making methods of carriers of grain
from points on the Missouri river to
eastern destinations held during the
year developed a system Of arriving at
charges less than those specified in pub
lished tariffs known as the expense
bill'' system and otherwise called pro
tecting the through rate" Under this
practice, grain brought from producing
points to the Missouri river upon which
local rates have been paid was after.
ward reshipped to Mississippi river
points. Chicago and other points, at the
difference between the through rate
from the original point of shipment and
the local rate to the Missouri river The
difference or balance was always less
than the established rate for like serv-
ice from Kansas City and other Mis-
souri, points to the eastern destination.
As the questions involved i'm the inquiry
are now under consideration by the
commission. no opinion is expressed at
this time on the methods and practices
disclosed by the investigation.
The practice Of ticket brokerage is re-
ferred to. and II Is said this illegitimate
traffic has become positive scandal.
The commission recommends that IL be
made a penal offense for any person to
engage in the business of selling inter-
state passenger tickets unless he is an
authorized agent OF the carrier duly
constituted such by written appoint
ment Free passes are also denounced.
The report closes by recommending a
number of technical amendments to the
interstate commerce law.
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