The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-31
F ora aker's Pooling Bill to Evade
the Law.
LEFT 10 THE COMMISSION
OF INTERSTATE
COMMISSION ENLARGED.
BUT THE PRINCIPLES THE SAME
Greater Guards Thrown Around Max
ing of Traffic Agreements But the
Purpose as inhibited by Sup
RENE coLr; Means Same.

RENE Cotri Means same
Washington, ID. c., March 30 Senator
Foraker, of Ohio, to-day introduced y
pooling bill. 1t is practically repro
duction Of the Patterson bill, introduced
in the last Congress. 1t is intended to,
meet the objections to pooling, which
were raised by the Supreme court of the
United States in its decision recently
rendered in the Trans Missouri Freight
Association case. The first section
amends the interstate commerce act 50
as to render it lawful for railroad asso.
Citations to enter into pools under the
following conditions: Every contract,
agreemnt or arrangement shall be in
writing and filed with commissions
created by this act, and shah become law
full and enforceable between the parties
thereto at the expiration OF twenty days
from the fling thereof, unless the COM
mission shall in the meantime and upon
such investigation and consideration as
it may deem proper, make an order dis
approving of the same; and it shall be the
duty of the commission to make such
order of disapproval whenever, upon such
investigation and consideration, it shalY
be of opinion that the operation of any
such contract, by reason of its provisions :
or for want of necessary restrictions snltl
limitations would result in unreasonable
rates, unjust discrimination, insufficient
service to the public, or otherwise con-,
travene any of the provisions of this
act"
The authority Of the commission goes
to the extent of allowing it to disapproye
OF the contract itself and requiring it to
be terminated at IA time mentioned, which
time, it is provided, shall not be less than
thirty days.
The effect of this order, it is specifically
stated, would render the contract unlaw-
full and non-enforcea BILE, but it is pro-
vided that the orders and findings of the
commission in such cases shall be subject
to review by the United States Circuit
courts upon petition. The bill further
provides that in such cases the court
shall act speedily in determining ques-
tons of this character and that it shall
make such order or decree as may be-
just and equitable in determining whether
the contract shall be enforceable, not
withstanding the disapproval by the COM
mission. A further appeal is allowed by
any of the parties to the Supreme court
of the United States, where such cases
are to be given the right of advancement
on the docket as government cases,
A new clause, entirely different from
anything in the Patterson b;H, provides
that lit shall be lawful for common car
riers, whether subject to this act or not.
to enter into arrangements not forbidden
by the fifth section of this act in regard
to making and maintaining the lawful
rates, fares and charges specified in the
separate or joint tariff schedules. pub
Eshed as required by this section"
The bill is compulsory in requiring cont
mon carriers TO file and publish schedules.
Provision is made for complaint on the
part of persons claiming to he damage,G
to the Interstate Commerce Commission.
They are also given the alternative of
suits for damages in the Federal courts.
Section twelve of the Interstate Com
merce act is amended so as to give The
Interstate Commerce Commission an
thority to enquire into the management
of the business of all common carriers.
A new section is added to the Interst;t tc
Commerce act providing for a reheariug
in cases decided by the Interstate Com
merce Commission, the decision rendered
remajning in force until the rehcarinG
may hG conSummated.