The herald., 1897-03-31
STILL ANOTHER COMMISSION
TO DRAW PAY FOR DOING
NO WORK
Senator Foraker Introduces a Bill for
the Relief of Railroads Threat
ened With Competition


duction of the Patterson bill introduced
in the last congress. 1t Is intended to
remove the objections to pooling which
were raised by the supreme court of the
United States in its decision recently
rendered in the Transmissouri Freight
association case. The document is quite
voluminous, covering over thirty printed
pages The first section amends the in
terstate commerce act so as to render
ii lawful for railroad associations to en-
ter into pools under the following con-
ditions:
Every contract, agreement or arrange
ment shall be in writing and filed with
a commission created by this act, and
shall become lawful and enforcible be-
tween the parties thereto at the explra-
ton of twenty days from the filing there
Of unless the commission shall in the
meantime pursue such investigation and
consideration as it may deem proper and
make an order disapproving of the same;
and it shall be the duty of the commits
sion to make such order of disapproVal
whenever upon such investigation and
consideration il shall be of the opinion
that the operation of any such contract
by reason of its provisions or for want OF
necessary restrictions and limitations,
would result in unreasonable rates, un-
lust discrimination, insufficient service
to the public, or otherwise contravene
any of the provisions of this act.
1t is also made the duty of the commits
sion to observe the workings of such con-
tracts or agreements as affect the
transportation business of the country,
and to investigate all complaints relat-
ing to rates or facilities afforded by pool
ing associations, and whenever the COM
mission. after due notice, shall find that
any such rates, facilities or the prac-
tice are excessive or unreasonable, or
any unjust discrimination is made be-
tween individuals, localities or articles
of traffic or are otherwise in contraven-
ton to any OF the provisions of this act'
the commission shall issue an order re-
curing such rates.. charges. etc. main
tanned by either under such contract TO
be exchanged. modified or corrected.
The authority of the commission goes
to the extent of allowing 1t to disap-
prove of the contract itself and requir-
ing it to be terminated at any time to be
mentioned. which time. it is provided,
shall not be less than thirty days.
The effect of this order, it is specifi-
cally 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
courts shall act speedily in determining
questions of this character and shall
make such order or decree as may be
Just and equitable in determining
whether the contract shall be enforcible,
notwithstanding the disapproval by the
commission.
A further appeal is allowed by any of
the parties to the supreme court of the
United States.
THE NEW YORK CASE.
CHICAGO, March S0.-The Posts
Washington special says: Attorney
General McKenna has finally decided at
once to carry to the supreme court the
case decided against the United States
and in favor of the Joint Traffic asso-
citation, the recent decision of the su-
preme court in the Sherman antitrust
law having satisfied him that it will
be an easy matter to secure reversal of
the findings of the lower court. He will
not only carry the case up, but he will
ask that it be advanced and hearing
given before the adjournment of the su-
preme court in May. The leading at
torneys of eastern trunk lines appear to
be desirous of having final ruling on
the traffic agreement before making a
concerted effort in congress for pooling g
legislation.
TRANSCRIPT FILED.
WASHINGTON, March 30.-A tram
script of the record In the case of the
United States against the Joint Traffic
association was filed in the supreme
court of the United States today. The
case comes to the supreme court on an
appeal from the decision of the circuit
court of appeals for the second circuit,
where the decision was against the
United States. A motion to advance the
case on the docket will be made by the
government on lHuTSUdy.
SETTLERS PAYMENTS.
SAN FRANCISCO, March 30.-Set-
tiers on forfeited railroad land grants
particularly in the southern part of tbs
state, will be interested in the provi-
sions of an act of congress, approved
February Is, 1897, notice of which was
received today by Register of the Lane
Office J. p. Dunn. BY this act the time
for payment is extended two years. Ir
most cases the final payments would fal
due next June. But bad crops and low
prices have left few of the settlers il
| position to meet these payments ant
this act will bring welcome relief.
NEW ROLLING STOCK.
OAKDALE, Cal, March 30-Engine:
| Nos. l and of the Sierra Railway COM
pany arrived here today. Track laying
! will commence at once. The grading
forces are pushing ahead. About 20
head of stock will be put on next weel
and work will be pushed as fast al
| camps can be established.
THE VALLEY ROAD.
| SAN FRANCISCO, March 30.-Tht
Valley railroad directors have forwarded
to New York 81, 900, 600 of the company.
bonds, properly signed by Presiden
Claus Spreckels and Secretary Alex
Mackie. A similar amount Of bonds o
the company is being signed by Spreck