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ELEVENTH ANNUAL REPORT

OF THE

INTERSTATE COMMERCE COMMISSION.

DECEMBER 6, 1897.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

THE INTERSTATE COMMERCE COMMISSION.

Hon. WILLIAM R. MORRISON, of Illinois, Chairman.
Hon. MARTIN A. KNAPP, of New York.
Hon. JUDSON C. CLEMENTS, of Georgia.
Hon. JAMES D. YEOMANS, of Iowa.
Hon. CHARLES A. PROUTY, of Vermont.

EDWARD A. MOSELEY, Secretary.

CONTENTS.

Page.

Introduction....

5

Enforcement of the act

5

Import and export rates

6

Powers of the Commission

9

Maximum-rate case

14

Commission has no real power as to rates.

16

Excessive rates.

22

No power to correct undue preferences

23

Divisions of joint rates

26

How shall orders of Commission be enforced

27

Procedure before Commission..

30

To what extent should orders be subject to judicial review

31

What effect should be given order pending proceedings in review

35

Long and short haul section.

37

Necessity for fourth section

43

Failuro to maintain published rates

46

Pooling

48

Investigation, demoralization of grain rates, and apportionment of traffic to

the seaboard...

51

Penal section of the act.

60

Ticket brokerage

61

Uniform classification..

62.

Through routes and through rates.

71

Statistics of railways.

75

Final report for year ending June 30, 1896.

75

Mileage.

76

Classification of railways

76

Equipment

76

Employees..

77

Capitalization and valuation of railway property

78

Public service of railways.

78

Earnings and expenses

79

Railway accidents

80

Statistician's recommendations.

80

Preliminary report on income and expenditures of railways for year ending

June 30, 1897..

81

Difficulty in obtaining statistical reports

82

Construction, publication, and filing of tariffs.

83

Court decisions

90

Power of Commission to prescribe maximum rates.

Long and short haul clause.

91

Wight case

Free-cartage case

94

Order of Commission binding upon successor corporations.

95

Jurisdiction of circuit courts..

96

Enforcing reparation awarded to injured shippers

97

Joint Traffic Association and Trans-Missouri Freight Association cases. 97

Claims for damages

98

Original suits in court based on alleged unreasonable tariff rates

99

Mandamus proceedings to compel carriers to file annual reports with the

Commission.

100

Cases decided by the Commission

101

Proceedings under the fourth section..

101

Rates on milk from competing producing localities to a common market.. 108

Free transportation of shippers

110

93

APPENDICES.

for the year ending June 30, 1897.

Index

299

301

REPORT OF THE INTERSTATE COMMERCE COMMISSION.

WASHINGTON, D. C., December 6, 1897. To the Senate and House of Representatives :

The Eleventh Annual Report of the Interstate Commerce Commission is respectfully transmitted for the consideration of Congress.

The office or exclusively administrative work of the Commission for the year has been similar in character to that reported for previous years. In some of its branches this work has considerably increased. One hundred and eighteen thousand seven hundred tariffs or schedules of rates and charges and classifications were received and receipted for, compared, examined, indexed, and filed, and two hundred and sixty-nine thousand and forty-eight certificates of concurrence of car. riers adopting the tariffs of rates and charges established by other carriers were received, receipted for, examined, compared, filed, and such concurrence indicated.

The Ninth Annual Report of Statistics of Railways was completed and is to be published in a separate volume as an appendix, and is part of this report. The adjustment and effort to adjust complaints and alleged grievances through correspondence, without formal hearing and trial, still make up an important part of the daily administrative work of the Commission. In connection with this administrative work, including the general correspondence of the office, 123,346 letters have been received, and 84,424 have been sent from the office of the Commission; and annual, statistical, and miscellaneous reports have been issued and distributed to the number of 73,570.

The names and compensation of the persons employed by the Commission, together with a statement of expenditures, are given in Appendix A.

ENFORCEMENT OF THE ACT.

The formal hearings of cases and the investigations made at the office of the Commission in the city of Washington, where its general sessions are held, were less in number during the last than in some previous years. With a view to promoting the convenience of the public and all parties to proceedings and investigations, and to prevent probable expense, the Commission held special sessions, made investigations, and by one or more of the Commissioners prosecuted inquiries at Austin, Tex.; Boston, Mass.; Buffalo, N. Y.; Chicago, Ill. (three ses

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