The Saint Paul globe., 1896-12-18
BY A COMMERCE COMMITTEE
HEARING.
TRAFFIC POOL IN QUESTION.
EIGHT JUDGES IN ONE JURISDIC-
TION DISQUALIFIED FROM
HEARING A CASE
MIR. CHANDLER ON THE WAR PATH.
Federal officials and Attorney Gen.
eral Charged With Indifference
in Joint Traffic Action.

WASHINGTON, Dec. 1.-THE senate
committee on interstate commerce to-
day examined District Attorney Nc
Farlane, of New York, regarding tho
trust resolution introduced by Senator
Chandler. The resolution directed the
committee to inquire whether the exist
ing agreement of the so-calIed Joint
Traffic association is a violation of the
prohibition of the law of congress,
against the pooling of freights or the
division of earnings by interstate rail-
roads; to inquire concerning the litiga-
ton pending in the southern district Of
New York, regarding the agreement.
and whether any legislation is needed
to expedite the proceedings and to en-
force any violated provision Of law
against the Joint Traffic association.
1t also directs the committee to investi-
gate charges that a pooling trust
agreement, with money fines against
violators of the agreement and fixed
rates for products, exist among the
-four millers and window glass manu-
facturers of the country, and whether
or not they are in violation of the law.
Mr.. McFarlane said he hoped to get
the pending case through the circuit
court of appeals at the term beginninS
January 10, and, if the department of
justice would agree to formal sub
mission Of the case, it might be aG-
vanced and decision reached in the
United States supreme court in the
early spring. Mr. McFarlane denied
with some warmth an intimation that
brought pro forma and without ex-
pectation of winning. He declared
that he had fought the case earnest
ly, and upon grounds that he believed
to be sound.
Mr. McFarlane said one of the de-
fects of the interstate commerce law
was that there was no definition of
what a pooling Of frelghts was. The
United States, as a party, had a right
to bring suit against railroads without
an investigation by the interstate COM
merce commission. He also spoke of
the doubtful character of the anti
trust law, when some suggestion was
made that the traffic agreement was in
violation of that statute. The suit he
had brought against the Joint Traffic
association was to test the agreement
l.
might be its intention not expressed.
Mr. McFarlane said that under the
agreement there was no doubt each
road was bound to abide by the rates
fixed by the general managers of the
association, subject to the fine imposed
by the association.
Senator Chandler gave a lively turn
to the inquiry by strongly insisting
that the department of justice had not
expressed the matter with vigor. He
called special attention to articles 16
and II Of the traffic agreement, con-
tending that the articles meant that
the association could divide it's earn
ings among the roads and that it
should have been the leading point pre-
sented in the case. Senator Wolcott
contended that the articles could not
be construed to mean division of
gross receipts because the money might
have been received from the sale of
bonds or from any other source.
Mr. McFarlane said that Mr. Chand-
Ter should have presented this point to
him before he filed his brief. Il did,"
responded Senator Chandler. Long be-
fore Mr.. McFarlane filed his brief"
addressing the members of the commit
tee. Il wrote him and stated that l
believed that this was most i'm
portant feature of the agreement and
clearly showed a violation Of the law"
Other members of the committee did
not seem to agree with Senator
Chandler in his construction Of the
provisions of the quoted sections of the
law, but the latter, continuing, insisted
that the case was not pushed with
vigor because Attorney General Har-
mon held that the pooling agreement
was, no doubt, legal. Some doubt was
expressed about this and Senator
Chandler produced a letter in which
Mr.-Harmon stated that no doubt the
covered by Judge Symington in the
Trans Missouri case.
Mr. McFarlane-But the attorney
general instructed that suit be brought.
Senator Chandler-He did it because
the interstate commerce commission
requested it,