The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-18
ON COMMERCE.
Annual Statement of In
terStatc Commission.
Decisions Made by Supre *
Court Referred 10.
Defects Of the Statutes are Empn :
sized 10 Two Findings.


nual report Of the interstate commerce
commission. made public yesterday.
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 report, has been up
held and fortified In a most important
particular, but the outcome OF the others
has either emphasized the defects of the
statute or left it's further Interpretation
so doubtful and uncertain as TO increase
the difficulties OF efficient administra-
ton. The most far-reaching of these de-
cisions was announced in March last
In the case Of the Texas and Pacific
halfway company VS.. interstate COM
| merce commission, originally decided by
the commission In 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 he Pennsylvania
Railroad company and others. The case
| practically raised the general question
whether In .he carriage OF goods from
| American Eeaports, carriers subject tn
the act could lawfully charge Jess fo,.
| 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
a 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 rnder 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 a 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 bN a charge Of
S1.37 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 $1.o7 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 II was hoped
II 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 is 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. A 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-
countered in obtaining the testimony OF |
unwilling witnesses in penal cases, and
under 1t 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 proceedings before the COM
mission
Prior to this decision it was imprac-
ticable in most cases to secure convic-
tion, but now when any party to a Grim
inal transaction can be forced to give
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 in
convicting transgressors under this
statute, and the proposition to abolish
punishment by imprisonment, as now
provided for in the law, is opposed by the
The practice of the commission to in
vestigate grievances stated in letters
from shippers or consignees continues
10 operate successfully. An investiga-
ton of Irregular practices and rate
making methods of carriers OF grain
rom points on the Missouri river to
destinations held during the
year developed u system of arriving at |
charges less than those specified i'm pub
ished tariffs known as the expense
,ill" system and otherwise called pro
Getting the through rate" Under this
,ractice grain brought from producing
,oints to the Missouri river upon which
ocal rates have been paid was after
ward reshipped TO Mississippi river
'oints. Chicago and other points. at the
Inference between the through rate
rom the original point of shipment and
he local rate TO the Missouri river. The
ifference or balance was always lees
han the established rate for like serv-
70 from Kansas City and other Mis-
ouri points TO the eastern destination.
IS the questions involved i'm the inquiry
re now under consideration by the
no opinion is expressed az
his time on tho methods and practices :
isclosed by the investigation.
The practice OF ticket brokerage is re- /,
,rred TO. and u NJ said this illegitimate ,,
'afiic has become "A positive scandal. /,
he commission recommends that IL be-
ade a penal offense for any person TO
lgage In the business OF selling inter-
ate passenger tickets unless ne IS an
lthorized agent OF the carrier. duly
instituted such by written appoint 9
cnt. Free passes are also denounced. y
he report Closes by recommending a Z
amber of technical amendments to tbo I