The Washington herald., 1908-05-09

The Interstate Commerce Commission,
through its chairman. Martin A Knapp
yesterday replied 10 the Senate resolu-
tion of inquiry of May 6, offered by Sena-
tor Foraker. calling for information as
to whether any OF the interstate railroads
have been violating the commodity clause
Of the railroad rats law. Other tnforma-
tion was also called for as 10 the names
Of the roads that had been known to be
vi0lators Of the law since il went into
operation on May /, and the Interstate
Commerce Commission was asked TO state
TO the Senate the reasons which prompted
il 10 recommend an extension Of the
time for the application OF the penalties
under the commodity clause
To the first inquiry as TO violations
generally, the commission ia its letter to
the Senate says:
The commission has no official knowl-
edge or information as to whether or not.
since the date mentioned. railroads en-
gagged IN interstate commerce have COM
piled with the provision IN question, but
believes from common report that they
have not done so. except, perhaps, IN q
few instances"
Not Violating Law.
The commission adds that the greater
proportion of the railroads have not been
engaged in carrying commodities in viola
ton Of the so-called commodity clause,
prior TO or since May l. The commission
has no means OF ascertainIng the facts
IN regard to compliance or noncompliance
without conducting an investigation for
that purpose"
An important feature Of tue resolution
called on the commission 10 state whether
there had been any agreement, arrange
ment, or understanding between the rail
road companies and the Federal authori-
ties whereby the railroad companies are
% have immunity from punishment for
violation of the commodities provision"
To this the commission replies that IL
has no knowledge OF any such agree
ment or understanding Information on
this point, il is expected. viii come from
the Department Of Justice, If at all. for
Senator Foraker agreed at the time he
presented the resolution OF inquiry ad-
dressed to the Interstate Commerce Com
mission to direct a similar inquiry to the
Attorney General.
Maryland Road Net Complying,
One Of the questions asked In the reso-
luton was as to whether the Western
Maryland Railroad had been violating
the commodities clause. To this inquiry
the commission replies:
We have communicated by telephone
with the receiver Of the Western Mary
land Railroad and are informed by him
that he is not complying with the pro-
vision IN question. He further states thai
his reasons for such noncompliance will
be furnished to the commission at an
early day"
As 10 the reasons which prompted the
Interstate Commerce Commission to rec
ommend a suspension Of the penalties for
violation Of the commodity clause. the
commissioners say they followed the rec
ommendation of William a. Glasgow, jr,
prominent lawyer OF Philadelphia, who
had been employed 10 conduct an investi-
cation into the subject OF coal and oil
lands and the interests of railroad cont
panies and their officers therein.
Mr.. Glasgow was employed. il was said.
because Of his exceptional knowledge Of
the subject, and 1t was in March, 1908
that he brought Informally TO the atteu-
ton OF one or more members OF the com
mission the hardship which would result
to railroads generally if the provision in
question went into effect on the LIST Of
May following, because of the financial
depression prevailing then and for some
time before, which created conditions pre-
sumably not anticipated when this provi-
sion was enacted, and particularly 20 les
sees Of coal lands on the Norfolk and
Western Railroad"
Why suspension Was Urged.
The commission says also that Alr Glas-
gov had interviews with the President
and submitted a report on the subject, and
as result Of his suggestions the recon-
mendation was made which resulted in
the introduction Of the resolution by SEN
ator Elkins to suspend the penalties.
The letter of Mr.. Glasgow and the re-
port made by the commissioners to the
President were attached to the letter
sent to the Senate.