The Indianapolis journal., 1896-02-12
The Pooling Bill.

The bill amending the interstate-com-
merce act to admit of pooling is now in
the hands of a subcommittee of the House
committee on commerce. 1t is stated that
It's provisions are satisfactory to the Inter
state Commission. 1T is considered doubt
full IL the friends of the bill will do any
thing more than report it this session. The
departure of John X. Cowen from Con-
gress to take the presidency of the Balti-
more & Ohio is looked upon as unfortu-
nate, as he was one of the ablest sup
porters Of the pooling bill. Those specially
interested in the new bill are apparently
satisfied with its provisions. The railway
people practically accepted every amend
ment suggested by Commissioner Morrison
and others who believed In careful restrie-
tions upon the railways, because they are
convinced that no pooling contract will be
OF such character as to justify the COM
mission In refusing to approve IL and that
the commission will not compel a railway
to go to court to defend such contract
unless the commission is satisfied that it
mas strong case. 1t Is provided that a
pooling contract shall become lawful twen-
ty days after filing. The commission is
given full power TO make an order disap-
proving a contract, which shall become un-
lawful and nonenforceable upon the date
nxed- Such orders are subject to the re-
view or the Circuit Court, whose decision
may be appealed to the Supreme Court
put the contract remains nonenforceable
during the proceedings and the appeal
The only safeguard for the railways is the
provision that the case before the Supreme
Court shall be advanced for hearing
therein as appeals in which the United
States are a party" Some of these re-
strictions were objected to by the rail-
ways last winter. but they are now willing
to accept them.
The members of the Interstate Commits
sion have not undertaken to enlarge their
jurisdiction in the pending bill, except so
far as they define and confirm IL in mat
ters OF detail which We're left i'm some
doubt In the existing law. The only ex-
that, the act shall apply to transportation
FROM a place in any Safe of the United
States through adjacent State or Ter
ritory of the United States, or the District
OF Columbia, TO another place i'm the same
state" This is class of transportation
which it is admitted was intended TO be
included under the existing law, but Is not
specifically set forth there. One of the
most important changes made regarding
methods or procedure requires the railways
to disclose their entire defense before the
| commission and confines proceedings in the
courts to the record made before the COM
mission. Another change makes the sched-
ules and other papers filed by the railways
| In their annual reports receivable i'm evil
| dence as prima facie what they purport to
made by the commission and in all judicial
| proceedings" Copies OF such papers GER
| tilted by the secretary of the commission
under Its seal, are also made receivable in
| evidence with like effect as the original
| The provision for penalties is made more
| careful and explicit, but imprisonment is
| stricken from the list Of penalties and ONLY
| fines are authorized.