The advocate., 1897-05-26

goods, commodities, or merchandise which
shall be enforced, charged, or used, In the
business OF such common carriers, shall be
Herewith In like manner submitted to the
court OF railway commissioners created by
this act and shall be approved by said COURT Of
railway commissioners TO be just and reason
able, and thereupon such contracts, and 80
forth, and such schedule shall become lawful
and enforceable between the parties thereto
and as to the public, at the expiration OF
twenty days from the approval thereof to be
entered OF record; and IL shall be the duty Of
the said court OF railway commissioners to
make an order Of disapprOval whenever,
upon investigation and consideration, IL shall
be OF opinion that the operation OF any such
contract would by reason OF it's provisions or
want Of necessary restrictions and limitations
result in unreasonable rates, improper clas-
ifcation, unjust discrimination, insufficient
service to the public, or otherwise contravene
any Of the provisions Of this act 1t shall also
be the duty Of said court of railway commits
sioners to observe the working, operation, and
effect Of every such contract, which has be-
come operative, upon the transportation and
business Of the country and of the several
contracting parties, making such examina-
tiOns and Investigations In relation thereto
as the said court Of railway commissioners
may deem necessary, and to investigate all
complaints relating to the rates, charges,
classification, facilities, or practices main
tained by or under any such contract, or by
any party thereto; and whenever the said
court OF railway commissioners, after due
notice and reasonable opportunity to be heard,
shall find that any such rates, charges, classi-
fcation, facilities, or practices are excessive or
unreasonable, or result in any unjust dis
elimination as between individuals, localities,
k1o1a, - fgn kb,nu L.,
travention of any of the provisions Of this act,
the said court Of railway commissioners shall
issue an order requiring such rates, charges,
classification, facilities, or practices main
tained by or under such contract, or by any
party thereto, to be changed, modified. or
corrected as therein specified, or, In any such
case, the said court Of railway commissioners
may, il 1t deem necessary, make an order
disappearing the contract itself and requiring
the same to be terminated at date therein
fixed, which shall not be less than thirty days
fro m the date of such order. The effect Of any
order Of dtsspproVal shall be to render the
contract to which the same relates unlawful
and uncomfortable from and after the date
so fixed, ex Cept as to any claims between the
parties to such contract arising prior to that
date. orders and findings Of the said court
Of railway commissioners disappearing any
such contract, whether made upon investiga-
tion and co nsideTation thereof as aforesaid or
In any subsequent proceeding after the same
has gone into effect, shall be subject to review
by the circuit court of appeals on appeal by
either party in the ordinary manner ofappeals
TO circuit courts Of appeals Said appellate
court shall proceed to hear and determine the
matter speedily, in the usual manner Of
hearings, and shall make such order or decree
as may be just and equitable, determining
whether the contract in question shall be law
full and enforceable Notwithstanding the dis
approval thereof by the court Of railway
commissioners. And such matter shall be adj
vanced for hearing therein as appeals in
which the United States are party: Provided,
boUeUEr That the contract TO which such order
of disspproval relates shall remain unlawful
and uncomfortable during She tendency Of
the proceeding in the circuit court Of appeals"
We have given the entire section,
though the first few lines contain the
ground Of our objection-those which,
after declaring pooling to be unlawful,
proceed by pTO0iSO to authorize the
pooling Of the entire transportation busi-
ness Of the country. That means the
most stupendous organization Of private
interests ever known in the history Of
the world. The present capitalization
of the railway companies Of the United
States is upward Of 10000 million dol
lars, equal to the value Of all the farms
in the country in 1890; and according to
the provisions Of the Harris bill, this
enormous capital may be organized and
have charge of the peoples carrying
trade. The thing Of all things most
dreaded by the farmers is the very pool