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for longer distances over the same line to other points in Florida. Rate on wine in carloads from San Francisco to Moorhead, Minn. Application for relief from operation of section 4 so as to authorize less charges for freight transportation from Colorado points to California terminals than for shorter distances over the same line, in the same direction. Relation of rates on fertilizers from Savannah and Charleston to points in Georgia, Alabama, and Florida. Charge on coal from Cumberland, Md., to North Garden, Va., as compared with charge on coal for the longer distance to Lynchburg, Va. Passenger rates between Charleston and other points in South Carolina and Savannah. Refusal of connecting carriers to join with the Seaboard Air Line roads in through special or holiday excursions. Rates on grain from Missouri River points to Milwaukee, Chicago, and other points. Rates to Hawkinsville, Ga., on hoop or band iron and steel and other barrel material from points in Ohio and Pennsylvania, and on staves, heading, and other barrel material from points in Tennessee, Arkansas, and Kentucky. Rates on asbestos roofing and pipe covering from Suimerdale, Ill., to Lima, Ohio. Rates on oyster pails and tin cans from Cincinnati and other points to Biloxi, Miss., and on coal from Brookhead, Ala., to Biloxi, Miss. Rates on canned goods to Atlanta and other points from Biloxi; also failure to print and post tariffs and refusal to forward traffic over routes specified by shippers. Rates on vegetables from Gainesville and other points in Florida to New York and other northeastern cities. Rates on grain and grain products from or through Chicago and other points to Atlantic seaports and intermediate destinations. Cotton rates to and from Memphis and other points in Tennessee, Alabama, and Mississippi; also failure to publish and file rate schedules. Storage of property free or at nominal charges and waiving car demur. rage; reshipment or distribution of large lots of freight by carrier's agent in smaller lots as directed by owner; also failure to enforce published rules and regulations and discriminations in granting storage privileges. Application of carriers for relief from operation of section 4 in transportation of passengers to and from points in the Kootenai mining district, British Columbia. Application of Chicago and Eastern Illinois Railroad Company for relief from operation of section 4 in respect of freight transportation between Chicago and points in Indiana. Application of Delaware, Lackawanna and Western Railroad Company for relief from operation of section 4 in respect of freight transportation to Chicago from Syracuse and other points in New York. Rates on live poultry and other commodities from Marshfield and other points in Missouri to Chicago, Ill. Discrimination in furnishing cars at mines in the Pocahontas coal field, West Virginia. Domestic and export rates on freight from western points to Boston.
Some of the matters were continued to enable the parties to file briefs, present oral argument, or take additional testimony. As in most years, the proceedings instituted and investigations made since our last report involve charges and practices in use by carriers through every
section of the country, affect many if not all industrial and commercial interests, and raise questions under all the regulating provisions of the statute. Such general complaint plainly indicates that the regulation provided by Congress, ineffectual though it may be, is nevertheless generally appealed to as the only existing means of relief to prejudiced localities and shippers, and that amendment of the law to the end that such regulation may be promptly enforced has become a public question of first importance.
In many formally instituted proceedings there has been some previous or preliminary examination of rate sheets and correspondence with carriers based upon an informal statement of grievance by the complaining party. Such preliminary examination and inquiry may and does prevent a multiplicity of contested cases, and shippers are also thereby enabled to proceed intelligently by formal complaint when resort to that procedure becomes necessary. Sometimes, after the preliminary inquiry has failed to result in relief to the complaining shipper, and a petition has been thereupon regularly filed with the Commission, the grievance is removed by action of the carrier.
CIVIL CASES PENDING IN THE COURTS.
Following is a statement of cases now pending in the courts to enforce orders of the Commission :
Interstate Commerce Commission v. Louisville and Nashville Kailroad Company. Rates on coal. Pending in the United States circuit court of appeals, sixth judicial district.
Interstate Commerce Commission v. Louisville and Nashville Railroad Company. Middlesboro, Ky., long and short haul case. Pending in United States circuit court, southern district of Ohio.
Interstate Commerce Commission v. Clyde Steamship Company et al., and four other cases. Georgia railroad commission long and short haul cases. Three cases pending in United States circuit court, northern district of Georgia, and two cases pending in United States circuit court, southern district of Georgia.
Interstate Commerce Commission v. East Tennessee, Virginia and Georgia Railway Company. Chattanooga, Tenn., long and short haul case. Pending in United States circuit court, eastern district of Tennessee.
Interstate Commerce Commission v. Northern Pacific Railroad Com. pany, et al. Fargo, N. Dak., long and short haul case. Pending in United States circuit court, district of North Dakota.
H. W. Behlmer v. South Carolina and Georgia Railroad Company et al. Summerville, S. C., long and short haul case. Pending in United States circuit court of appeals, fourth judicial circuit.
Interstate Commerce Commission v. Georgia Railroad Company. In. ferior accommodations to colored passengers. Pending in United States circuit court, northern district of Georgia.
Interstate Commerce Commission v. Western New York and Pennsylvania Railroad Company et al. Discriminating rates on petroleum oil. Pending in United States circuit court, western district of Pennsylvania.
Interstate Commerce Commission v. Southern Railway Company et al. Piedmont, Ala., long and short haul case. Freight rates from Eastern cities. Pending in United States circuit court, northern district of Alabama, southern division.
Interstate Commerce Commission v. Southern Railway Company. Piedmont, Ala., long and short haul case. Freight rates from Chattanooga. Pending in United States circuit court, northern district of Alabama, southern division.
Brewer & Hanleiter v. Louisville and Nashville Railroad Company et al. Griffin, Ga., long and short haul and discrimination case. Pending in United States circuit court, southern district of Georgia.
The sixty-four mandamus proceedings, stated in our last report as having been instituted to compel carriers to file annual reports with the Commission, have mostly been settled by the filing of the required reports. A few of the matters are still pending, and some reported decisions are noticed under the head of “ Court Decisions.” Two peti.. tions to compel the filing of annual reports have been filed by the Commission during the year.
On January 21, 1897, an indictment was returned, in the eastern district of Louisiana, charging L. S. Thorne and E. L. Sargeant, officers of the Texas and Pacific Railway Company, with violating the act to reg. ulate commerce. They plead guilty when the case was called for trial. Each of the defendants was sentenced to pay a fine of $4,000 and costs, and upon doing so they were released from custody. The offense, for which the convictions were had, consisted in providing for à cotton firm, doing business in this country and England, free storage of cotton which had been transported for it to New Orleans, thereby also enabling that firm to grade and classify the cotton with little expense. This resulted in greatly diminishing the terminal charges and in giving the firm a virtual monopoly in the cotton trade at New Orleans. The violations of law alleged in the indictment were unjust discrimination and deviation from published rates.
On February 24, an indictment was found by the Federal grand jury in the eastern district of Louisiana against J. C. Stubbs, William Mall, C. W. Bein, and H. A. Jones, officers of the Southern Pacific Company, charging them with paying rebates and departing from established tariff rates. The case is still pending. The other pending cases are: United States 1. De Coursey, Northern District of New York; United States v. Dick et al., Western District of Pennsylvania.
NATIONAL CONVENTION OF RAILROAD COMMISSIONERS.
The ninth annual convention of railroad commissioners was held at St. Louis, Mo., on May 11 and 12, 1897. Representatives from nineteen States were in attendance, and this Commission was also represented.
Reports of committees were presented on the following topics: (1) Legislation. (2) Delays attendant upon enforcing orders issued by railway commissions. (3) Railway statistics. (4) Uniform classification. (5) Powers, duties, and work of State railroad commissions.
The committee on legislation recommended, and the convention unanimously adopted, the following resolution:
Resolved, (1) That this convention does hereby urgently recommend the immediate passage by Congress of such legislation as will effectually prohibit the transporta. tion evils and abuses described in the annual report of the Interstate Commerce Commission for the years 1890 to 1896, inclusive, and to this end attention is particularly called to the recommendations for legislation contained in the tenth annual report of said Commission. (2) That any modification of the act to regulate commerce intended to confer additional powers, privileges, or exemptions upon carriers engaged in interstate commerce, or persons acting for or under them, is hereby disapproved, unless such modification shall be recommended by the Commission created by said act and therein charged with the duty of executing and enforcing the provisions thereof. (3) That a copy of this resolution, attested by the signatures of the chairman and secretary of this convention, be transmitted to the Senate of the United States and to the House of Representatives of the United States.
The convention also adopted the report of the committee on delays attendant upon enforcing orders, including a resolution recommending Congress to provide that all causes commenced in or removed to a Federal court which involve the order or decision of any State railroad commission or the decision of any court affirming, reversing, or modifying the same, shall be advanced on the calendar of such Federal court and heard next after criminal cases.
The report of the committee on railway statistics was adopted. This report contained a resolution recommending legislation by Congress authorizing the Interstate Commerce Commission to appoint examiners of railway accounts; requiring railway corporations to file monthly as well as annual reports with the Commission; and providing for a bureau of statistics and accounts, to act under the direction of the Commission.
The committee on uniform classification reported that the pending Senate bill (No. 775) should be recommended for passage. That bill provides that this Commission be required to make and publish a national freight classification, including transportation rules and regulations, and amend the same from time to time as may become necessary; such classification, rules, and regulations to be applied invariably to interstate freight by all carriers subject to the act to regulate commerce. The report was unanimously adopted by the convention.
The following resolution in regard to ticket brokerage was also passed by unanimous vote:
Resolved, That this association indorses the objects and purposes of the measure now pending before Congress known as the antiscalping bill, believing that if it
byscomes a law gross discriminations and frauds on the traveling public will be a bolished. We earnestly urge upon the Members of Congress early and favorable consideration and action on said measure.
Interesting statements concerning the powers, duties, and work of the various commissions were read and discussed. Papers on the following subjects were read: “The People and their Railways;” “Mutual Interests and Obligations of Carriers and Shippers;" Congress Should Exercise its Exclusive Power of Regulating Commerce." These papers are included in the printed report of the proceedings.
Committees were appointed on the following subjects, to report to the next convention: Classification of construction expenses; classification of operating and construction expenses of electric railways; railway statistics; uniform classification; powers, duties, and work of railroad commissions; legislation; delays attendant upon enforcing orders of railroad commissions; safety appliances.
The next convention will be held in Washington, D. C., on May 10, 1898.
AMENDMENTS AND ADDITIONAL LEGISLATION.
Recurring to what is stated in the preceding pages, to make the act operative in accordance with its generally accepted objects and purposes and to give practical effect to its first, second, and third sections, which declare unjust and unreasonable rates and charges to be unlawful, and which in terms forbid unjust discriminations and undue preferences, the Commission recommends
1. That section 6 of the act be amended to read as follows:
SEC. 6. That every counmon carrier subject to the provisions of this act shall file with the Interstate Commerce Commission, hereinafter provided for and herein called the Commission, schedules showing all the rates, fares, and charges for interstate transportation between points upon its own line and between points upon its own line and points upon other lines, when a joint rate has been established by agreement; and this shall apply although one point is situated in a foreign country, and when the route connecting two points in the United States passes through a foreign country. Such schedules shall plainly state the places between which such passengers and property will be carried, shall contain the classification of freight in force, and shall also state separately all terminal charges, including storage and all privileges or facilities which may be allowed other than those involved in the receipt, transportation, and delivery of property in ordinary course between two definite points, and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of said rates, fares, and charges, or the value thereof to the shipper. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party.
The carrier shall plainly print such schedules in large type, and shall keep posted, for the use of the public, two copies in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in