The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-18
LAW Is DEFECTIVE.
INTERSTATE COMMERCE COMMITS.
SION ASKS FOR AMENDMENT.
Ticket Brokerage Has Become .
scandal and Shonld Re Sup-
prcssed-senafs COMMITTEES Mak-
Ing . Pointed Inquiry Int the
Workings Of the Law.

"ASu1N6TON. Dee. I1.-DecsS.ons ran
dered during the year by Federal courts
inVoLving important features OF the act
10 regulate commerce are assigned prom
inent place IN the <enth annual reporx Of
tee interstate commerce commission 70
congress today. During the year me SUI
preSns court has rendered THREE de-
cssions q special importance. In one casa
the law has been upheld ard fortified In
most important particular, but fee OUT
come Of the Others has either emphasized
the defects Of the sfarute Or left Is fur
r1sr interpretation 50 doubtful aza6 un-
certain as 20 Increase the difficulty Of ef-
nosent administration.
The general discomfort with present
transportation conditions, the report saws
as shown by petitions from many sections
for the enforcement of the ss-tuts. EN-
phasszes the necessity for amending tne
law so as 70 give greater force and final.ry
TO the findings and decisions OF the com
mission.
April last the commission requested car
rlers to show how far, up to April /. their
equipment had been made 10 conform 10
the requirement Of lAs sGfety-applIancs
act relating 10 couplers and train brakes,
which becomes effective january !. 1885.
Replies were received from i.ss0 conpa-
MES; ass Per cent. OF the s5S9S Iocomo-
esves mentioned in These reports have
driving-wheel brakes. OF rhe S3,2s3 pas
senger cars reported in use. s7o2 per cent.
have automatic couplers and SS.Sl per
cent. are firted with train brakes; of LII
eo4 freight cars. 2ss per cent have train
brakes and 37l per cent. are equipped
with automatic coupiers. The require
ments OF this law for a standard height OF
draw-bars on freight cars appears from
inspection made at different points during
the year to be fairly well observed.
As to ticket brokerage. the report says:
This Legitimate traffic has become a
positive scandal, and decisive measures
should be taken 10 put an end TO these
Illegal transactions. The commission
Tense for any person 10 engage In the buSi-
ness of selling interstate passenger tic
kets. unless ne Is an authorized agent OF
the carrier duly constituted such oy writ
ten appointment"
A number of amendments TO the law
are recommended, and the commission
says they are intended to make the sub
stance mean what IL was supposed 10
mean at the time OF its passage.
Inquiry Into the Law.
The senate committee on interstate COM
merce today examined District Attorney
Macfarlane. OF New York, regarding the
trust resolution introduced By Chandler.
Mr.. Macfarlane said he hoped TO get
the case through the circuit court OF APP
peals at the term beginning January ~.
and il the department of justice VIII agree
10 a formal submission of the case, 1t
might be advanced and a decision reached
In the United States supreme court in the
early spring. He declared that he had
fought the case earnestly and upon
grounds that he believed to be sound.
Mr. AIacfarlane said one OF the defects in
the interstate commerce law was that
there was no definition of what pooling
of freights" was. The suit he had brought
against the Joint traffic association was
to test the agreement on its face, and not
upon what might be its Intention not ex-
pressed.
Senator Chandler gave lively turn TO
the inquiry by strongly insisting that the
department OF justice had not pressed the
matter with vigor. He called special at
tentlon to articles 16 and II Of the traffic
agreement, contsnding that the articles
meant that the association could divide
It's earnings among the roads. and that it
should have been the leading point pre-
scented in the case.
Senator Wolcott oontended that the arti-
cles could not be construed to mean di-
vision OF the gross receipts, because the
money might have been received from the
sale OF bonds or from any other source.
Other members OF the committee did not
agree with Senator Chandler In his con-
struction OF the provisions OF the quoted
sections OF the law. but the latter. con-
tinuing. insisted that the case was not
pushed with vigor because Attorney Gen.
eral Harmon said that the pooling agree
ment was no doubt legal.
Some doubt existed about this and Sem
ator Chandler produced letter in which
Mr.. Harmon stated that no doubt the
agreement was drawn within the points
covered by Judge Symflston, In the trans
Missouri case. The reference to the trans
n inn
upon Il. Mr. Macfarlane said that the
trans-Missouri arrangement does not con-
tain as many strong features as pooling
agreement as the joint traffic association;
but * was fully as strong an agreement
10 maintain rates. The matter ended by
Chairman Cullom saying opinions upon
cases pending in the courts were out OF
place
Mr.. Macfarlane next spoke OF the diff
Guilty encountered In finding judges who
were not disqualified from trying the case
by reason OF holding stock IN some or the
various companies who were parties 70 the
agreement. OF che eight judges in the
Jurisdiction where the suit was brought.
Judge Wheeler was the only one not dis
qualified fer this reason.
Senator Wolcott said that 1t indicated
what was well known. that professional
men and persons OF small holdings invest
ed In these securities and collectively hold
a large amount. This development sesmed
TO surprise the committee. which discuss
ed the question whether or not the supreme
court Judges were disqualified 70 try the
case when IL came before them.
Mr. Nacfarlane explained that thero be-
ing so many roads Ia the Joint traffic as.
ISOLATION. Il was not singular that judges
held stock. and added that Judge Laeombe
had qualified himself 70 try the case IN
the circuit court OK appeal By disposing OF
the stock he held. No action was taken
looking 10 further investigation by the
committee.
THE OFFICIAL FIGURES.