The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-22
INTERSTATE COMMERCE. COMMITS
SION GIVES IT'S VIEW OF THE
PRIVILEGE DESIRED.
A CONDITIONAL APPROVAL.
RATES TO BE CHARGED SHOULD BE
SET OUT IN THE AGREE
MENT.
CONGRESS ASKED TO STAY ACTIO4
1t Is Desired That Pending Cases Be
Decided Before There Is New
Legislation.

WASHINGTON, May 21.-The inter-
state commerce commission has sent
to Senator CulIom, Of Illinois. the fol-
lowing letter in response to request
for suggestions regarding the pooling
bill:
On Jan. %. 1897, this commission sent to the
honorable committee on interstate and for
eign commerce of the house communication,
copy Of which Is herewith inclosed, stating
some reasons why at that time all the mem
bers of this commission opposed the passage
OF bill then pending, the main provisions
of which are substantially as that now under
consideration by your honorable committee.
The reasons for non-action then are stronger
now, there being five or more cases pending
before the United States supreme court In
volving the most important provisions of the
act. These cases have been already tried and
await the decision of the court. When de-
cided we shall know what the law is, and bet
ter know in what respect, II any, 1t should
be changed.
The chief purpose of those who urge imme-
date legislation under present conditions is
to authorize pooling, and undo the recent de-
cision Of the supreme court in the trans
Missouri antitrust case, as provided in the
proposed fifth section, which is Identical with
q like provision in the so-called Patterson
bill of the house, No: 1887. first session. Fifty
fourth congress. This. we believe, should not
be done, but should congress determine
otherwise and deem it wise to authorize pool
Ing, IL SnOulQ De QOne only ON TERMS WHICH
will prevent the abuse of the principle granted
In our opinion this cannot be done, except by
guarantees secured before the authority to
pool is given and before the contract goes
into effect The carriers whether by rail-
lake or rtver-for all are included-before
being allowed to pool should specify their
rates on the traffic or business to be pooled
and the contract, with maximum rates es-
tablished as a part Of it, should be subject
approval by the committee before taking eff
feet. The provision in the proposed bill that
the committee may set aside the pooling con-
tract after 1t has taken effect and become
operative is misleading. Any such attempt at
the annulling of a contract will resist as I'M
reasonable and unlawful and will but result
in vexatious, expensive, interminabe, and, to
the commission, unsuccessful law suits.
The proposed changes in section 6, that cit
subject to this act or not, to enter into agree
ments 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
lished as required by this section is in
tended to amend the antitrust law as con-
strued by the supreme court, so as to exempt
from that act carriers both by railroad and by
water, and what Is said above in respect to
the fifth, or pooling section. applies as we'll to
this amendment Of the sixth section.
The time of notice of increase and reduction
of rates, we believe, should be extended to at
least sixty days. The facility with which
rates are cut OF reduced on three days no
tice, and increased after ten days notice leads