The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-18
IMPORTANT AMENDMENTS MADE BY
THE HOUSE COMMITTEE.
Provisions for the Prevention Of
Combinations and for Furnishing
Those Who Form Trusts.


such vessel is hereby declared to be prop
erty in the course of transportation within
the intent of said law
The other two amendments, designed to
further prevent computations, either be-
tween ship owners or builders, are as fol-
lows:
Section %. That upon complaint made
to the secretary of the treasury that two
or more persons owning, controlling or OPP
Grating vessels registered and entitled TO
compensation under this act, which aggre-
gate in tonnage One-third OF the total tom
mage of all vessels so registered and en-
titled to compensation, have entered into
any contract, combination or conspiracy,
whatever be the form thereof, for the pur-
pose of controlling the terminal facilities
for such shipping in any port or ports OF
the United States. or for regulating or in
creasing the rates or fares for freight or
passengers in trade or commerce among
the several States or with foreign nations,
or for granting any special rebates or privi-
leges TO shippers in such commerce, or for
otherwise putting any restraint upon the
trade or commerce among the several
States or with foreign nations, the secre-
tary shall fix a time and place for hearing
such charges and give notice thereof to the
persons interested, and may require the
production before him of any contracts or
papers which he may deem material in the
consideration of such charges If, after no.
tice and hearing, the secretary OF the treas
ury shall sustain such charges, thereupon
the right of the person or persons so found
violating the provisions of this section, and
their assigns, to any compensation from
the United States under this act, shall i'm
mediately cease and determine.
Section 26. That any contract. combina-
ton or conspiracy, in whatever form,
made or entered into between the persons
owning, controlling or operating two or
more ship yards in the United States which
have constructed, are constructing or are
capable of constructing during any one
H. ana
third of the total tonnage of the new yes
sells registered and entitled to compensa-
ton under this act for the purpose OF linn
iting controlling the number, tonnage,
classes, kind or type OF vessels TO be con-
structed therein, or for regulating In any
manner the terms or increasing the prices
Of construction of such vessels is hereby
declared to be illegal; and any consolida-
ton, absorption, sale or transfer by the
persons owning, operating or controlling
two or more ship yards of the United
States of the capacity aforesaid of the
privileges, franchises or property OF such
ship yards for the purpose of limiting or
suppressing competition among such ship
yards and of placing control OF the terms
and conditions of such contracts for con-
structing vessels therein under one man.
agement Is hereby declared to be illegal.
Upon written complaint filed with the Sec
rotary of the treasury by any person hav-
ing a contract or application for con-
tract for the construction of new vessels
in the United States under the provisions
of this act of violation of the provisions
OF this section the secretary of the treas
ury shall give notice to the interested per-
son or persons Of such complaint and fix
a time and place for a hearing upon the
charges made, and may require the per-
son or persons against whom the charges
are made TO produce before him any con-
tracts papers which he may deem TO
be material in the consideration of such
charges. If the secretary of the treas
ury shall find that the provisions
of this section have been. vio-
lated he is authorized and directed
upon the application of the person or per-
sons having contracts or applications for
contracts for the construction of vessels
aforesaid, within two years next there
after, to grant register as provided by law
as vessels of the United States to foreign
built vessels to the aggregate tonnage of
the amount of tonnage of the vessels con-
structed by the persons so found violating
the provisions of this section during the
year next preceding such order. Such for
eign-built vessels so registered shall be re-
garded as new vessels constructed in ac-
cordance with the contract or application
for contract of such person or persons, and
shall be deemed to be constructed in COM
pliance with such contract or application
therefore, and with the terms of any bond
provided for by this act. and shall be en-
titled TO all the benefits and privileges and
be subject to all the conditions and obliga-
tons applying by this act to vessels
constructed in the United States, except
that such vessels shall not enter the coast
wise or lake trade of the United States.
The words person or persons, wherever
used in this section, shall be deemed to in
clude corporations associations and
partnerships existing under or authorized
by the laws of either the United States or
any State, or any Territory, or of any for
eign country. This section shall not be
held to interfere with or prevent the en-
forcement OF any other law of the United
States prohibiting contracts, combinations
or conspiracies in restraint of trade
by some of the administration officials to
induce General Wheeler to withdraw his
request for immediate action on his resig-
nation. 1t is intimated that this effort
Is attributable solely to an interest i'm
the personal welfare of the general In
this connection IL is recalled that the Presi-
dent has had ii in mind to ask Congress
for special legislation empowering him to
retire General Wheeler, General Lee and
another brigadier general of volunteers
with the rank Of brigadier general in the
regular army. Some of the persons who
are interested in the success of this move
ment feel that by immediate resignation
and the prosecution of his present de-
termination TO attempt to secure his seat
in the House of Representatives, General
Wheeler will arouse antagonism, which
may make 1T difficult or impossible there
after TO secure from the House the legisla-
ton needful to secure his retirement.
United States Minister Merry. by direc-
ton of the State Department. is now on
his way from Costa Rica to Managua, the
capital of Nicaragua. His mission is not,
as has been surmised, connected with the
reported issue between Nicaragua and
Costa Rica, but relates entirely to canal
matters Up TO this time there has not
been a satisfactory outcome of the
troversy between Nicaragua and the Mari
time Canal Company respecting the status
of the latter's concessions. The Nicaragua
government claims that the concession
has expired by failure of the Maritime
company to perform the amount of work
required by the concession, in which case
the Cragin-Eyre concession would super
sede that of the Maritime Canal Company.
The latter company, however, contended
that there had been no avoidable delay
in the prosecution of the work. and ap-
pealed for a decision by an arbitration on
this point. under a clause in the original
concession. providing means for settling
disputes. Next there was a quarrel be-
tween the company and the Nicaraguan
government over the nationality of the
bitrators. and finally matters have become
involved that Minister Merry has been
ordered to Managua TO make a personal
investigation and do what is proper to
protect the interests of the Maritime Canal
Company
The Navy Department has received a
port from Commander >Tnley. of the Aba
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