Warren sheaf., 1896-12-24
INTERSTATE COMMERCE.
Commission Makes Its Tenth Annual Re.

IN IERS iAIE COMMENCE.
port.
Washington, Dec. l8.-The tenth annual
report of the interstate commerce COM
mission. made public Thursday, speaks
of three decisions rendered by the supreme
court of the United States during the year
OF special Importance to the commission.
In one case at least the law, says the re-
port, has been upheld and fortified in a
most important particular. but the out
come of the others has either emphasized
the defects of the statute or left its fur
ther Interpretation SO doubtful and un-
certain as to increase the difficulties Of
efficient administration. The most far
reaching of these decisions was announced
in March last in the case Of the Texas &
Pacific Railroad company vs.. interstate
commerce commission, originally decided
by the commission in January. 1891. and
commonly known a. the import rate
case"
This proceeding was brought by the
New York board Of trade and transporta-
ton against the Pennsylvania Railroad
company and others. The case pract1cal-
ly raised the general question whether in
the carriage of goods from American sea
ports carriers subject to the act should
ton of import than of domestic 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 opinion and the commission
remark that the construction of the act
thus adopted opens the door to manifold
abuses from which there is little protec-
ton and for which there is little redress
under the law as now in force. They urge
the necessity of amendatory legislation.
Another lmn0rt2nf q
Brown case," which involved the righ:
of the commission to compel witnesses 10
testify.
A full synopsis Of this important de-
c1sion is set forth in the report. and the
commission says:
This decision seems to have effectually
removed the embarrassments hitherto
encountered in obtaining the testimony Of
unwilling witnesses in penal cases and un-
der it and the ruling Of the supreme court In
1894 in the Brimson case little difficulty Is
now experienced In securing the attendance
and testimony of such witnesses in pro-
ceedtngs before the commission"
Prior to this decision it was impractic-
able in most cases to secure conviction,
but now, when any party to criminal
transaction can be forced to give evidence
against his fellow wrongdoers and is un-
der inducement to do SO because Of result
ing immunity to himself, there seems to
be no special difficulty In convicting trans
gressors under this statute, and the PROPOSE
ton to abolish punishment by inprison-
ment, 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 conslgnees continues to
operate successfully.
An investigation of irregular practices
and rate making methods of carriers of
grain from points on the Missouri river to
ga hp1 ho
developed a system Of arriving at charges
less than those specified in published tar
IFS known as the expense bill'' system, or
carrying at the balance Of the through
rate" and otherwise called protecting
the through rate" Under this practice
grain brought from producing points to
the Missouri river upon which local rates
have been paid was afterwards re-shipped
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 Mis-
souri, river. This difference or balance was
always less than the established rate for
like service from Kansas City and other
Missouri points to the eastern destination
AS the questions involved in the inquiry
are now under consideration by the COM
mission, no opinion Is expressed at this
time on the methods and practices dis
closed by the investigation. The practice
of ticket brokerage is referred to and OF 1t is
said:
This illegitimate traffic has become a
positive scandal. The commission recon-
nends that it be made penal offense for
any person to engage In the business Of
selling interstate 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 q
technical n =
interstate commerce law.