New-York tribune., 1899-12-31
GRIGGS DECLINES TO ACT.
WILL NOT INSTITUTE PROCEEDINGS
AGAINST RAILROADS.
THE NEW FREIGHT CLASSIFICATION HELD
NOT TO BE IN VIOLATION OF THE ANTI
TRUST LAw-OPINION GIVEN TO
THE INTERSTATE COM
MERGE COMMISSION

MERGE COMMISSION.
Washington. Dec 30-Attorney General
Griggs to-day returned to the Interstate Com
merce Commission the transcript OF the evidence
taken at a hearing before the Commission last
week in the matter OF the new freight classih-
cation. with a view to action by the Attorney
General under the Antitrust law II his Judg-
ment warranted IT, The Attorney Generals let
ter follows
Department OF Justice.
Washington. ID. c., December 30. 1899
The Interstate Commerce Commission.
Gentlemen: | am In receipt Of your communi'
cation OF the 2Sth inst, and have given the mat
ter such careful consideration the limited
time at my command has permitted.
IL appears that the Sth inst the Interstate
Commerce Commission ordered an inquiry with
respect TO certain charges in freight classified
ton made by Official Classification No. ~,
which is to take effect January |, 100 Al
the conclusion OF the testimony taken at the
hearing on the 21st and 22d Inst, certain pro-
testing shippers requested that a transcript OF
the proceedings be transmitted to the Attorney
General. claiming that violation OF the Anti
Trust law had been shown. Accordingly you
have transmitted copies Of "Officlal Classfca-
tions No 19 and No 90" copy OF the order
for the hearing. transcript OF the proceedings
and a copy of the resolution and petition or GER
tain shippers. You express no opinion upon the
matter. but properly leave me to determine
whether the facts shown warrant me In apply
ing for an injunction TO restrain the operation
Of the new classification on the ground that IN
adopting II the railroad companies violated the
Antitrust law.
HOW THE CLASSIFICATION IS MADE.
The Interstate Commerce act went into effect
in 1887 To comply with its provisions 1t was
necessary for the railroad companies operating
in the same territory to simplify their frelght
classification. Accordingly at a convention OF
the railroads a committee was appointed TO pre-
pare an official classification and submit ii to
the companies for their adoption. rms was
done and an official classification was adopted
which was filed with the Interstate commerce
Commission and went into effect April l. 1881.
Since that time nineteen official classfcations
have been prepared, submitted to the railroad
companies, adopted and filed. During the cur
rent year two classified tions filed, No IL on
February l. 1899. and No 10 (now In force) on
July l. 1899
It appears from the testimony taken before
Won that this official classification Is used, SUD-
stantialy by the carriers operating in that part
of the United States north Of the ohio and Po-
tomac rivers and east Of the MISSISSIPPI River.
There Ia an Official Classification Committee
composed OF some fourteen railroad officers from
different sections. This committee meets on the
call OF it's chairman or upon the request OF three
members At its meetings suggested changes
are considered Such changes as the committee
with substantial unanimity recommend are
noted by the chairman and Incorporated INTO d
new official classification, which is then SUD
mitted to each company for It's indlvldual actioh'
Some sixty railroad companies thus independent
" pass upon the classification. They sgnlfy
their adoption to the chairman, who, after the
official classification has been thus adopted MES
II with the Interstate Commerce COMMISSION III
compliance with the law.
IT'S LEGALITY NEVER QUESTIONED
The legality OF the method OF preparing. adopt
ing and filing the official classification has never
before been questioned nor, indeed, was 1t ques-
toned in the complaints leading to your order or
the Sth inst. which were that the changes made
are discriminating and wrongful, and VIII SUD
tect shippers and shipments in the territory az
fected ito unreasonable charges and unjust dis
elimination and undue prejudice and disadvan-
tage" The hearing was had to permit the car
riers to explain to the shippers the reasons LOT
tho nronosed changes with a view to an amicable
adiustmen. OF the differences During the course