The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-31
NEW POOLING LAW.
LegaIizfng Act offered i'm the Senate
by Mr.. Foraker.

WASHINGTON, March Ex-senator For
aker of Ohio, today introduced a pooling
bill. 1t is practically a reproduction of the
Paterson bill introduced in the last congress.
1t is intended to meet the objections to pool
ing which were raised by the supreme court
of the United States in its decision recently
rendered in the Trans Missouri Freight as
Sociation case. The document is quite vol
luminous, covering over thirty printed pages.
The first section amends the interstate COM
merce act so as to render 1t lawful for rail
road associations to enter into pools under
the following conditions:
Every contract agreement or arrangement
shall be in writing, and filed with the com
mission created by this act and shall become
lawful and forcible between the parties there
to at the expiration of twenty days from the
filing thereof unless the commission shall in
the meantime. and upon such investigation
and consideration it may deem proper,
make an order disappearing 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
shall be of opinion that the operation of any
such contract by reason of its provisions or
for want Of necessary restrictions and limita-
tons would result IN unreasonable rates, IN
just discrimination insufficient service to the
public or otherwise contravene any of the
provisions of this act.
1t is also made the duty of the commission
to observe the workings of such contracts or
agreements affect the transportation bust
ness of the country, and to investigate all
complaints relating to rates or facilities at
ever the commission, after due notice, shall
find that any such rates, facilities or prac-
tees are excessive or unreasonable, or re-
suit in any unjust discrimination as between
individuals, localities or articles of traffic,
or are otherwise in contravention of any of
the provisions of this act, the commission
shall issue an order requiring such rates,
charges, etc, maintained by or under such
contract to be charged, modified corrected.
The authority of the commission goes to the
extent Of allowing it to disapprove of the con-
fGOif ofYd firfa TO I'D
at time mentioned, which time it is pro-
vided shall not be less than thirty days. The
effect of this order it is specifically
stated would render the contract unlawful
and non-enforcible, but 1t is provided 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
questions of this character, and that it shall
make such order or decree as may be just
and equitable notwithstanding the disapproval
by the commission. further appeal is al
lowed by any of the parties to the supreme
court of the United States.
In the supreme court such cases are to be
given the right of advancement on the docket
as government cases. The contract is to be
unlawful during the tendency of the cases
in court If the decision has been against the
pool. The bill requires all common carriers
to print and keep open to public inspection
their schedules Of both passenger and freight
rates, giving full particulars to the CLASH
VI nelSuI, TERMINAL charges, the
schedules to be plainly printed in large type
and posted in conspicuous places in every
depot No advance is to be made in rates
or charges except after ten days public
notice, and it is made unlawful to receive q
greater or less compensation for the trans
portation of either passengers or freight
than specified in the schedules. All rail
road and other transportation companies are
required TO file copies of their schedules with
the Interstate commerce commission.
All joint schedules to be filed with the
commission and to be made public as the
commission may deem practical Practically
the same regulations provided for single COM
panfeS apply to joint agreements in the mat
ter Of the notice Of the reduction or increase
OF rates, and 1t Is also made unlawful for a
party to any joint traffic compact to receive
other compensation than that provided for
in its schedule. -s
The bill is compulsory in requiring com