New-York tribune., 1902-02-05
TO MAKE POOLING LEGAL.
SENATOR ELKINS PROPOSES IMPOR-
TANT AMENDMENT TO THE INTER
STATE COMMERCE LAW.

Washington, Feb. 4-senator Elkins. chairman Of
the Interstate Commerce COMMITTEES, introduced A
bill to-day making a number OF changes In the
Interstate Commerce law. the most important of
which are the following: Giving the Interstate
Commerce Commission authority under certain con-
ditons to fix railroad rates, legalizing pooling and
abolishing imprisonment method of Furnishing
offences against the law
The provision with reference to the fixing of rates
authorizes the Interstate Commerce Commission TO
hear complaints of discrimination made against
carriers and directs that definite order
by the commission after such hearing, declar-
ing rate regula ton practice TO be just and
reasonable shall become operative and be observed
by the party or parties against whom IL is made
within thirty days after notice. Appeal to the
United States Circuit Courts and to the Supreme
Court of the United States is authorized The latter
court is authorized to suspend or revoke rate
order made by the commission application by
parties affected and all such orders are limited TO
years duration
The commission is authorized to determine the
proportion for each of the carriers when the rate
fixed is a Joint rate
The section concerning pooling provides that 1T
shall he lawful for any two more common car
riers to arrange between and among themselves
for the establishment maintenance OF rates II
also shall be lawful for such carriers 10 agree by
contract in writing filed with the Interstate COM
merCe Commission upon the division OF their trarc
earnings. or both" Authority is given to the
Interstate Commerce Commission to hear com
plants against the fairness of such pooling ar
raugements and make order annullins the
contract the respects found be unjust and un-
lawful. Failure to comply with the order will work
annulment Of the contract.
Proceedings by writ OF Injunction authorized
against any party dsobeynG the provisions of the
bill, and the offending party also is made subject
a penalty of $4,000, be paid into the Treasury
of the United States. Where railroads pass into a
foreign country authority is given In addition to the
imposition of fines to suspend the movement Of
trains within the United States until the require
ment shall be complied with. A fine Of not less
than 81 900 than 600 Is provided for the
wiIful failure of any carrier publish tariffs OF
rates and charges required by the Interstate
Commerce law.
The provision abolishing imprisonment is as
follows
In all convictions occurring after the passage Of
commerce. whether committed before or after the
passage of this act, for offences under TINS sec
ton no penalty shall be imposed on the con-
vcted party other than the fne prescribed by law.
imprisonment. wherever now prescribed as part
of the penalty. being hereby abolished
Authority is given to the commission TO require
the publication of traffic rates. and where there
is reasonable ground for belief that freights or
passengers are being carried for less than the pub
iished rates the commission is authorized to begin
States. which court is required enforce observ-
OF the published tariffs These proceedings
be directed not only against the carrier but
also against the other parties interested.