The Montgomery advertiser., 1902-02-05
TO LEGALIZE POOLING
CHANGE IN INTERSTATE COM MERGE LAW.
.senator Elkins Introduces Bill Diff fering in Many Respects From the Present Statute-outlins
 of Alterations.

Washington Feb. 4.-Senator EllSins chairman of the Interstate Commerce Committee, today introduced a bill mak. .ng number of changes in the inter-
 state commerce law. the most important
 If which are as follows:
 Giving the commission authority under
 certain conditions to fix railroad rates eganzing pooling and aboliEhing impris- 1nment as a method of punishment for onenses against the law.
 The provision with reference to the fixing or rates, authorizes the Interstate Commerce Commission to hear com. plaints of discrimination made against common carriers and directs that any regular order made by the commission after such hearing, declaring rate reg able, shall become operative and be obs served by the party or parties against whom 1t is made, within thirty days after fnotice. Appeal to the United States Cir cult Courts and to the Supreme Court of the United States are authorized. The latter court is given autnority to sus- pend or revoke rate order made by the commission upon application by parties affected, and all such orders are limited to one years duration.
 The commission Is authorized to deter mine the proportion for each of the car riers when the rate fixed is a joint rate. The section of the bill regarding pooling provides that Tt snail be lawful for any two or more common carriers to arrange between and among themselves for the establishme mt of, or maintenance of rates. It also shall be lawful for such carriers to agree by contract in writing with the Interstate Commerce Commis- sion upon the division of their traffic, or earnings, or both.
 Authority Is given to the Interstate Commerce Commission to hear complaints against tine fairness of such pooling ar rangement and to make an order an- nulling the'contract in the respects found to be unjust or unlawful. Failure to com ply with the order will work the annull- ment of the contract.
 Proceedings by writ of injunction are authorized against any party dtsobeying the provisions of the bill, and the offend ing party also is made subject to a pen alty of $10,000 to be paid into the treas cry of the United States.
 Where railroads pass into foreign conn- try authority is given, in addition to the imposition of fines, to suspend the move ment of trains within the United States until the requirement shall be compiled with
 A fine of not less than si.ooo nor more than $20, 900 is provided for the wilful fatl- ure of any carrier 10 publish tariff or rates and charges as required by the interstate commerce law.
 The provision abolishing Imprisonment is as follows; Tn all conV1ct1ons, oc- curing after the passage of this act, for offenses under said act to regulate com merce. whether >omrnitted before or af- ter the passage Of this act, or for of lenses under this section. no penalty shall be imposed on the convicted party other than the fine prescribed by law. iIn- prisonment wherever now prescribed as nart of the penalty, being hereby aboI- ished.'
 Authority is given to the Commission to require the publication of tariff rates and where there is reasonable ground for belief that freights or passengers are being carried for less than the published rates. the, Commission is authorized to begin proceedings in the Circuit Court of the United Ststes. which court Is re- auired to enforce an obtervance of the published tariffs. These hroceedings are to be directed not only against the car rier. but also against the other parties interested