Democratic Sentinel, Volume 8, Number 52, Rensselaer, Jasper County, 23 January 1885 — REAGAN’S TRIUMPH [ARTICLE]

REAGAN’S TRIUMPH

Foil Text of His Interstate Commerce Bill, a> It Passed the House of BepresentatiYea. The Vote in Detail by Which the Famous Measure Was Adopted. THE VOTE. How the Measure Stood on Final Passage. The Reagan interstate commerce bill passed the National House of Representatives on the Bth of January by a vote of 158 yeas to 75 nays. The vote in detail ia as follows. YEAS. Alexander, D. Hal sell, D. Riggs, D. Andeason, R. Hanback, R. Robertson, D. Bagley, D. Hardy, D. Robinson, (O)R. BaDentine, D. Hatch (Mo.) D. Rogers, (Ark.)D. Barksdale, D. Haynes, R. Rogers, (N.Y.)D. Bayne, R. Henderson, R Roeecrans, D. Beach, D. Henley. D, Rowell, R. Blackburn, D. Herbert, D. Ryan, R. Bland, 1). Holman, D. Shively, L Blount, D. Holmes, R. Singleton, D. Bralnerd, R. Hopkins, D. 81dnner(N.C.)D. Breckinridge,D. Hausemsn, D. Smalls, R. Brown, (Pa.) R. Hunt, I). Snyder, D. Browne,(lnd)R. James, R. Spriggs, D. Buchanan, D. Jones. fWis.lD. Stewart (Tax)D. Budd, D. Jones (Ala.), D. Stockslayer, D. Barnes, D. Jones (Tex.), D. Stone, R. Cabell, D. King, D. Storm. D. Caldwell. D. jv einer, D. Strait, R. Campbell,N.Y.DLanham, D. Strubble, R. Campbell, Pa ICLeFevre, D. Sumner (CaL)D. Cassidy, D. Lewis, D. Swope, R. Clardy.D. Lore, D. Talbott, D. Clements, D. Lovering, D. l’ay or,J.D.(O)R Cobb, D. McComas, R. Taylor,Tenn.)D. Connolly, D. McCormick, R. ThrockmortonP Cook, D. McMltlln, D. Townshend, D. Cosgrove, D. Matson, D. Tucker, D, Covington, D. M ybury, D. Tullv, D. Cox, (N. Y.) D. Miller (tex.), D.Turner(Ga.),D. Cox, (N, C.),D. Money, D., Turaer.tKy.) D. Crisp. D. Morrtll, R. Van Baton, D. Cnllen. R. Moulton. D. Wakefield. R. Curtin, D. Muller, D. Wallace, 1). Davidson, D. Murphy, D. Warner (O.), D. Davis (Mo.) D. Murray, D. Warner(Ten.),D Dlbrell, D. Neece, D. Weaver, R. Eldredge, D. Nelson, R. Wellborn, D. English, D. Nutting, R. Wemple, D. Ermentront.D. Oates. D. White (Minn),R Ferrell, D. O’Ferrall, D. Wilkins, D. Fiedler, D. Patton, D. Williams, D. Findlay. D. Payson, R. Willis, D, Foran, D. Pierce, J). Wilson (la.), R. Forney, D. Peel, D, WilsonfW. ValD Funston, R. Ptrkins.R. Winans,Mich..D Fyan. D. Peters, R. WinanslWis.lD. Garrison, R. Pettibone, R. Wise.G.D.tValD Geddes, D. l’rice, R. Wolford, D. George. R. Pryor, D. Worthington,D. Glascock, D. Pusey, D. Yaple, D. Goff, R. Randall, D. York, 1t.—158. Green, D. Reagan, D. NAYS. Adams (HI), R. Elliot, D. Lyman, I. Adams (N.Y.) D.Everhart, R. Millard, R. Aiken, D. Greonleaf. D. Mitchell, D. Atkinson, R. Hammond, I). Morse, D. Barr, K. Hardeman, D. Mutchier, D. Bingham, R» Harmer, It. Nicholls, D. Bisbee, R. Hemphill, D. O’Hara, R. Boutelle, R. IP ndereonlll.ltO’Neill (Pa.), R. Bowen, R. Hepburn, It. Phelps, R. Boyle, D. Hewitt (N.Y.)D.Post, D. Bratton, R. Hewitt(Ala.),D. Potter, D. Breitung.R. Hitt. R. Ranney, R. Brewer(N. Y. ),R. Hobl itzeU, D. Reed, K. Brcwer(N. J.),R.Horr, It. Rockwell, R. Brumm, R. Roulk, It. Seymour, D. Candler, D. Howey, R. Smith (Pa.), D. Cannon, R. Jeffords, R. Btevens, D. Cbace, R Johnson, R. TaylorE,(o.),R. Cutcheon, R. Kean. It. Thomas, R. Davis till.), R Keifer, R. Tillman, D. DavislMass), It. Kelley, R. Wait, K. Deuster, D. Kelcham, R. Washburn, R. Dowd, D. Lacey, R. Whiting, R. Dunham, R. Libt.ey, R. Wise, J.S(Va)D. Eaton, D. Long, R. Woodward D-75 Recapitulation: Yeas—Republicans, 3s; Democrats, Ilf); Independents, l. Nays—Republicans, 48; Democrats, 26; Independents, 1.

THE BILL. FuU Text of tlio Measure as Adopted. Following is tho text of the interstate commerce bill as it passed the House: Be it enacted, eta. That it shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad, or by pipe-line, or lines from one State or Territory to or through one or more other States or Territoi lea of the United States, or to or from any foreign country, directly or indirectly to charge to, or receive horn any person or pers ns any greater or less rate or amount of Ire ght compensation or reward than is by him or them charged to or recei ed from any other person or persons for like and contem; oraneous service in carrying, receiving, delivering, storing, or handling the same. All charges for such services shall be reasonable, and any person or persons having purchased a ticket for passage from one State to another, or paid the required fare, shall receive the samo treatment and be afloTded equal facilities and accommodations as are furnished all other persons holding tickets of the same class, without discrimination. But nothing in this act shall be construed to deny to railroads the right to provide separate accommodations for passengers, as they may deem best for the public comfort and safety, or to relate to transportation relating to points wholly within the limits of one State; provided that no discilmination is made on account of race or color, and that f urnisliing separate accommodations with equal facilities and equal comforts at the same charges shall not be considered a discrimination, nor shall any railroad company or its offioers charge to or receive from any person who is to be conveyed from one State or Territory into another anv sum exceeding three cents per mile for the distance to be traveled by snch person; and all persons engaged as. aforesaid shall furnish without discrimination the same facilities for carriage, receiving, deliveni g, storage and handling all property of like oharacter carrlpd by him or them, and shall perform with equal expedition the same kind of services connected with contemporaneous transportation thereof, as aforesaid. No break, s oppage tr interruption, nor any contract, agreem. nt, or understanding shall be made to prevent the carriage of any property from being treated as one continuous carriage in the meaning of this act from the place of shipment to the place of destination, unless snch stoppage, interruption, contract, arrangement or understanding was made in good faith for some practical and necessary purr cse, without any intent to avoid or interrupt such continuous carriage or to evade any provisions of this act. Sec. 2, That it shall be unlawful for any person or persons engaged in tho transportation of property as atoreea d, dlreqtly or indirectly, to allow any rebate, drawback or other advantage in any form upon shipments made or services rendered as aforesaid by him or them. Sec. 3. That it shall be nnfawful for any person or persons engaged in the carriage, receiving, storage, or handling of property as mentioned in the first section of this act to enter into any combination, contract, or agreement by changes of schedule, carriage in different cars, or by any other means with intent to prevent the carriage of such property from being continuous from the plac e of shipment to the place of destination, whether carried on one or several railroads; and it shall be unlawful for any person or persons cairving property as aforesaid to enter into any contract, agreement., or combination for pooling freights, or to pool the freight of different and competing railroads, or to divide b tween them the aggrega e or nes' proceeds of the earnings of such railroads or any portion of them. Sec. 4. That U shall be unlawful for any person or persons engaged in the transportation of property, as i rovided in the first section of this act, to charge or receive any greater compensation for a similar amount and kifcd of property for carrying, receiving, storing, forwarding, or handling the samo for a shorter than for a longer distance, which includes any ons railroad or pipe-line of a corporation, and sha 1 Include all the road or pipe- line in use by such corporation, whether Owned or operated under contract, agreement, or lease by such corporation. Beg 5. ‘J hat all persons engaged in carrying property as provided in the first section of this act shall ad opt and keep posted np schedules which shall plainly state: First—'The different kinds and classes of property to be carried. t-e ond—The different places between which such property shall b > carried. Third—The rates of freight and prices of carriage i etween snch p aces and lor ail services connected wttb the receiving, delivery, loading, unloading, storing, or handling the same. Aud the accounts ior snch service shall show what part of the obarges is for transportation, and what port for loading, unloading, and other terminal facilities. Buch schedules mav be chanced from time to time as hereinafter provided. Copies of such schedules shall be printed in plain, large type, at least the size ot ordinary pica, and shall be kepi plainly posted for pnblio lnsper tion in at least two places In every depot where freights are received o delivered. and no such schedule shall lie changed in any particular, except by the substitution ot

another schedule containing the specification above required, which enbstitnte schedule shall plainly state the time when it shall go into effect, and ooplee of which, printed as aforesaid, shall be posted as above provided at leaat fire daya before the eame a hall go into effect; and the same shall remain in force until another sobednle sha 1, as aforesaid, be substituted; and it shall be unlawful for any person or persons engaged In carrying property on railroads or pipe lines as aforesaid, after thirty days from the passage of this act, to charge or receive more or less compensation for the carriage, receiving, delivery, loading, unloading, handling, or storing of any property contemplated by the first section of this act than shall be specified in such schedule as may at the time be in foro -. Fourth—lt shall be the duty of said persou or persons engaged in carrying property as provided in the first section of this act to file or cause to be filed within fifteen daya from and after posting a copy of each schedule posted, as in this section required, with the Clerk of the Circuit Court of the United States in and tor each Judicial Circnlt in or through which any railroad may be operated; and it shall be the duty of said Clerk to file and preserve the same as a part of the records of his office. Seo. 6. That each and all the provisions of this act shall apply to all property and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same on one actually or substantially continuous carriage, or as a part of snch continuous carriage, as provided for in the first section of this act, and compensation therefor, whether such property be carried whoUy on one railroad or partly on several railroads, or wholly by one pipe line or partly by several pipe lines, and whether snch services are performed or compensation paid or received by, or to. one person alone or in connection with another or other persons. Sec. 7. That each and every act, matter, or thing in th.s act declared to be unlawful Is hereby prohibited, and in case any person or persons as defined In this act, engaged as aforesaid, shall do, suffer, or permit to be done any act, ma ter, or thing In this act prohibited or forbidden, or shall omit to do any act, matter, or thing in this act required to be done, or shall be guilty of any violation of the provisions of this act, such person or persons shall forfeit and pay to the person or persons who may sustain damage thereby a sum equal to three times the amount of damages so sustained, to be recovered by the person or persons so damaged by suit in any State or United States Court of competent jurisdiction wherever the person or persons causing such damage can be found or may have an agent, office, or place of business; and if the court before which any such action is tried shall be of the opinion th .t the violation of the law was wUllnl it should make an allowance by way of additional costs to the party injured sufficient to cover all his counsel and attorney fees. Any action to be brought as aforesaid may be considered, and if so bronght shall be regarded as a subject of equity. Jurisdiction, and discovery, and affirmative relief may be sought and obtained therein. Im any such action so brought as an equitable cognizance as aforesaid, any director, officer, receiver, or trustee of any corporation or company aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or any of them alone, or with any other person or persons, party or parties, may and shall be compelled to attend, appear, and testify and give evidence: and no claim that any such testimony or evidence mlzht or might not tend to criminate the person testifying or giving evidence shall be of any avail; out such evidence or testimony shall not be used as against snch person on the trial of any indictmen t against him. The attendance and appearance of any of these persons who. as aforesaid, may be compelled to appear and testify, and the giving of testimony as evidence by the same respectively, and the production of books and papers thereby, may and shall be compelled the same as in the case of any other witness; and in case any deposition or evidence or the production of any books or papers mav be desired or required for the purpose of applying for or sustaining any such action, the same, and the production of books and papers, may and shall be had, taken, and compelled by or before any United i States Commissioner, or in any manner provided or to be provided for as to the taking of other depositions or evidence or the attendance of witnesses or the production of other books or papers in or by Chap. 17, Title 13, Revised Statutes of the United States. No action as aforesaid shall be sustained unless 1 bronght within one year after the cause of action accrue or within one year after the party complaining shall have come to a knowledge of his right of action; and as many causes ot action as may accrue within a.year may be joined in the same suit or complaint, and any Circuit Court or District Court of the United States having jurisdiction shall have the power, upon the application ot any pe: son or persons, firms, rai, roads or other corporatio- s or associations alleging undue and unjust discrimination against a person in violation ot the provisions of th. act, to issue writs ot mandamus against such person command.ng such person to move and transport fre ; ght or to furnish facil.tles for the transportation for the party applying for the writ, upon Buch terms and in such manner • as shall seem ju-t and proper to the court in j order to prevent stay undue or unjust discrimination against the relat.r. The proceedings shall be as m other cases of mandamus, and in cases j of urgent necessity or involving the transports- j tion of perishable goods writs of alternative | mandamus made returnable forthwith: Provided, that no writ or peremptory mandamus I shall issue under this act until the relator shall have given security in such sum as shall be named by the court to pay the defendant proper and legal charg s for the services required to be performed by the writ afore.-aid; and provided I further, that the remedy herein given by the writ of mandamus shall be cumulative and shall notoxclnd; or interfere with other remedies : herein provided, No cause brought under this act in any State court of competent jurisdiction j shall be removed to any United States Court, j Sec. 8. That any director or officer of any cor- . poration or oompany acting or engaged as aforesaid, or any receiver, or trustee, lessee, or person acting or engaged as aforesaid, or any agent of any snch corporation or company, receiver, trustee, or person aforesaid, or of one of them alone, | or with any other corporation, company, person, | or party, who shall willfully do, or cause, or ! willingly suffer or permit to be done any act, matter, or thing in this act prohibited or forbidden, or who shall aid or abet therein, or shall willfuUy omit or faU to do any act, matter or thing in this act required to be do e, or cause or willingly suffer, or permit any act, matter or thing so directed or required by this act to be done not to be so done, or shall aid or abet any snch omission or failure, or shall be guilty of any infraction of this act, or aid or abet therein, shall be guilty of a misdemeanor, and upon convio- , ti. n thereof be fined not more than $2,000. Seb. o. ’I hat nothing in this aot shall apply to carriage, receiving, storage, handling, or forwarding of property whol.y within one State and not shipped from or destined to some foreign country or other State or Territory; nor shall it a) ply to property carri d for the United ! States at lower rates ot freight and cfihrges than for the general public, or to the transportation of articles at reduced rates of freight for charitable purposes, o • to or from public fairs and expositions for exhlb tion. Sec. 10. That the words “person or persons,” as used in this act, except where otherwise provided, shall be construed and held to mean the person or persons, officer or officers of a corporation or corporations, company or companies, receiver or receivers, trustee or trustees, lessee* or lessee , agent or agents, or other person or persons acting or engaged in any matters and things ment oned in this act.