New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-31


tion amends the Interstate Commerce act so as
to render 1t lawful for railroad associations to
enter into pools under the following conditiohs
Every CONTRACT agreement arrangement shall
be in writing and fled with commission creaie1d
by this act and shall become lawful and enforceaplc
between the pa ties thereto 1t the expiration OF
twenty days from the filing thereof unless the com
smA and m tne a ne as % may deem prop
or make an order dsapproving of the same, ana IL
shall be the duty Of the Commission make such
order Of dsa ppfOval whenever upon such nvesti-
gson and 1t shall be M OF opinion Of fhas
provisions or for want of necessary RESTRICTIONS ana
just discrimination insucon; service to the public
or Otherwise contravene any OF the provisions OF
this act.
DUTIES OF THE COMMISSION.
It Is also made the duty OF the Commission TO
observe the workings Of such contracts or agree
ments as affect the transportation business of the
country and to investigate all complaints relating
to rates or facilities afforded By pooling asso cia-
tions. and whenever the Commission, after due
notice shall find that any such rates, facilities
or practices are excessive or unreasonable or re-
suit in any unjust discrimination as bet Neen In
divduals. localities or articles Of traffic, or are
otherwise in contravention Of any Of the provi-
sicns Of this act. the Commission shall issue an
order requiring such rates and charges etc.
maintained by or under such contract, 10 be
changed modified corrected"
The authority Of the Commission goes 10 the
extent Of allowing it tn disapprove Of the con-
tract itself and requiring it to he terminafed
a a time mentioned. which time. II is provided
shall not be less than thirty days. The eNe't
Of this order it is specifically stated. wculd rem
der the contract unlawful and ncn-enforcea-
he. but it Is provided that the orders and find
ings 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 may he just and
equitable determining whether the contract
shall he enforced, Notwithstanding the disap-
proval by the Commission. further appeal Is
allowed by any Of the parties to the Supreme
Court Of the United States. where such cases
are to have the right Of Advancement on the
docket as Government cases. The contract is
to he unlawful during the pendency Of the cases
in court If the decision has been against the
pool.
SCHEDULES MUST BE PUBLISHED
The hill requires all common carriers to print
and keep open to public inspection their sched-
ules of both passenger and freight rates, giving
fuu particulars as to the classification Of
be plainly printed In large type and posted In
conspicuous places In every station.
No ivance Is to be made in rates or charges ex-
cept after ten days public notice. and il is made
unlawful to receive a greater or less coinpenSa-
tion for the transportation OF either passengers
or freight than is specified in the schedules.
All railroad and other transportation companies
are required to file copies Of their schedules
with the Interstate Commerce Commission. All
iont schedules are to be filed with the Commits
sion and be made public as the Commission
may decide. Practically the same regulations
provided for single companies apply to JOINT
agreements i'm the matter Of the notice or the
reduction or increase Of rates. and II is also
made unlawful for party to any joint tariff
to receive other compensation than that pro-
Vided for in its schedule
4 new clause entirely different from anything
in the Patterson bill provides that 'ft shall he
lawful for common carriers, whether subject 70
this act or not. TO enter into agreements for
bidden by the nth section of this act In re-
gard to making and maintaining the lawful
rates, fares and charges specified In the sepa-
rate or joint tariff schedules publlShed as re-
quired by this section.
PENALTIES PROVIDED.
The biz is compulsory in requiring common
carriers to file and publish schedules. making
them subject to writs of mandamus to be served
by the Federal courts. failing to comply with
which is to be punished contempt Of court.
Provision is made for complaint on the part Of
persons claiming to be damaged 10 the Inter-
state Commerce Commission. They are also to
have the alternative of suits for damages in the
Federal courts 4 fine Of $1,000 is provided
against any company subject to the provisions
Of this act granting rebate, drawback or al
lowance i'm violation Of the provisions Of the |
act This provision is mad to operate specif /
cay against lessees, receivers, officers di- |
rectors, agents or employees. a like provision
IS made for fine against "A shipper receiving
favors in the way Of rebates or reduction of
rates from transportation companies. There
are also strict provisions against false classified
f..t- irep cin nf no
requirements of the bill. either on the part OF
railroad companies or shippers. 1t is also pro /
Vided that i'm any criminal proceedings service
OF writ shall be deemed sufficient when made
upon an agent OF rdilroad company.
Section ~ of the Interstate Commerce act is |
amended so as To give to the Interstate Com |
merce Commission authority to inquire into the |
management of the business OF all common car |
riers and the Commission is required 10 keep it.
self informed as To the manner I'm which they |
conduct their business. The Commission is au- /
thoriZed to summon witnesses from any part Of |
the United States. authority being given to in
woke the aid of any United states Court in Of
disobedience to a subpora. Any failure to obey /
the Courts order in such cases is to be punished !
as contempt OF court
new section is added to the Interstate Com |
merce act providing for rehearngs in de-
cdcd by the Interstate Commerce Commission. |
the decision rendered remaining I'm force until |
the rehearing may be consummated. The bill re- /
quires annual reports from common carriers to bs |
filed with the Commission, showing the capital |
stock issuc1 the amounts paid therefor. the divi-
dends paid. the NUMBER or stockholders. the prOnt |
and loss etc.
The remainder OF the bill is largely taken ND |
with directions for the enforce ment of its special
provisions and with verbal amendments to the
present law.
ADVISED TO CONTINUE
OPINION OF LAWYERS OF THE ROADS IN TIE
JOINT TRAFFIC AssociATIoN-EX SENATOR
EDMt'NDss SIGNIFICANT STATEMENT.
The meeting yesterday of lawyers for the rail
roads I'm the Joint Traffic Association to consider
the United States Supreme Court decision In the