Indianapolis Journal, Indianapolis, Marion County, 6 January 1887 — Page 2

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THE INDI AKAPOMS JOURNAL, THURSDAT. JAKUAG Y 6, 1887.

best measure; yet, after its Senate eommittee traversed the country and heard nil views, and therVom decided not to prohibit pools, it re

cedes from its own cround in response to un-ra.-son!.nK and unknown clamor." In conclusion. Mr. Blanchard says; ''The salaries named are insufficient to procure the ability required to deal with adequate prasp on the greatest problem we have. Make the commission largo and able enouph, and pay them enonjrh to take op all questions as they arise. Choose them from all the great interests to be a (Tec ted. and the securities thev bold will l proof of business fitness and prudenee, rather than the reverse. Then let the act be drawn to irive them just power and ciscretion. and the railways and the public should and will conform to their rulings without all the pre-elaboration and definitions 01 intent contained in the bill." Senator Piatt Favors Tools. Washington, Jan. 5. In the Senate, to-day, Mr. Piatt, of Connecticut, delivered a speech on the interstate commerce bill. He said fcbe Senate bill recognized a principle that was sound. Tnat principle was that the question of what was a reasonable charge on freight to or from a station was not to be determined by the question of what was charged for freight to or from another station. In other words, the question of reasonable freight charges varied with locations bed with the volume aad the character of the business. He thought that the conference report clause (as to the shorter distance being in. eluded within the loncer distance) was uncertain and ambiguous. He did not think that anybody knew what it meant It imported that there were some shorter distances for which more might be charred than for longer distances. It would be for the courts and the commission to find out what shorter distances were. As to the pooling clause in the conference bill. he declared that he could not assent to it He believed, in his inmost mind, that it was impolitic and unjust, and would embarrass, it not defeat the beneficial operations of the bill. It was for those who proposed it to show that sucn traffic contracts (misnamed pools) were either condemned bv the common law or were so far wrong in principle that, being opEtosed to public policy, it was Ju3t and wiselegisation to make them criminal offenses. The character, purpose and results of pooling contracts ware entirely misunderstood. It was the evil significance which attached to the unfortunoate word "poor that had created prejudice in the minds of the people. "A rose by any other name would smell as sweet;" bnt the converse of that saying did not bold true. These traffic con ' tracts, under any other name, could not be con iidered opposed to public interests. Railroad companies had tried to escape from the baneful influence of the word "pool," and had called it what it was, "co operation "contracts for traf fic," but without avnlL The fact was that the pooling contract was simplv an agreement be tween competing lines to apportion their competitive business. It did not touch the local busi ness, and had no reference to it. Local business was left to each individual line. That was non competitive business, and had nothing to do with the through rates. On the subject of pooling Mr. Piatt quoted from the report for 16tlJ of air. Nimmo, then chief of the Bureau of Statistics, to show that pooling was merely an apportionment of traffic between roads engaged in competitive traffic. ind from a pamphlet by Judge Cooley. to show what the purpose of pools is to avoid ruinous competition and unjust discrimination against shippers. And he asked who would believe that. in a bill ostensibly for the purpose of preventing unjust discriminations, a clause should be found making that criminal to which railroad companies have resorted to prevent unjust discrimination. He challenged anybody to show that the object, the purpose, or the faithful observance of a pool contract was anything else than the maintenance of stable rates. He bad taken and analyzed the evidence taken before the Senate committee -on interstate commerce, and could say that three-fourths of it was in favor of the the idea, not of prohibiting, but of leealizing and regulating railroad pools. As to the maxim of "competition beingtbelife of trade," he illustrated its fallacy by assuming the case of a third line of railroad being constructed between is ew York and Washington, and said it was this building of competing railroads where they were not needed that had led to the necessity of contracts for the apportionment of competitive business. There was a competition which was worse than combination or co-operation of railroad com pfinies. Pooling contracts, he declared, were In aid of remedying the abuses that were com plained of. He did not deny that there were now discriminations against shippers, but these discriminations existed in spite of pools. Why, he asked, declare that criminal which had for its purpose that which was claimed to be one of the purposes of the pending bill? If competition meant the survival of the fittestend the destruc tion of the weakest, it was anti Christian ana anti-Republican, and the society that favored it would lapse into barbarism. It wa3 the old pagan, despotic idea, that "might is right," and was expressed in the common phase, "the devil take the hindmost" Protest Against tli Fourth Section. Louisville, Ky., Jan. 5. The leaf tooacco men of this city have prepared and Eent to Senator Keck a protest from "the greatest tobacco market in the world," against the passing of sec tion 4, of the interstate commerce bill. They assert that under the operation of the bill the present competition between railroads and river transportation companies will cease; that the rates will be materially increased between river towns and cities, and that in order to earn their fixed charges railroads will be obliged to advance their through rates. PKOVISIONS OF THE HIIX. A Comprehensive Summary of the Measure Reported by the Conference Committee. Dec. 15, 18SG, Mr. Cullom, from the committee of conference on the disagreeing votes of the two houses on the amendment of the House to the bill (S. I) "to regulate commerce," sub mitted the following conference report - The committee of conference on the disagreeing votes of the two houses on the amendment of the House to the bill (S. lf32) "to retpilate commerce" having met, after full and free conference, have agreed to recommend, and do recommend, to their rBTective houses as tollows: That the House recede from its omendmont and agree to the bill of tha Senate, with the following amendment thereto in the nature of a substitute, and that the Senate agree to the same. The substitute bill strikes out all aftor the enacting clause and inserts the following: That the provisions of thi at shall apply to any loiumon carrier or carriers engaged iu the transportation of passenger or property wholly by railroad, or partly by railroad Mid partly by water when both are ummI, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States or the District of Columbia to any other State or Terriof the United States or the District -of Colombia, or from any place in the United States to an adjacent foreign country, or from any place in the United State through foreign country to any other place in the United States, and also to the transportation in like manner of prcierty shipped from any place in the Unitd 8tata to a foreign country and carried from such place to a port of transshipment or hipped from a foreign country to any place in the United States and carried to such place from a port f entry In the United States or an adjacent foreign country; provided, however, that the provisions of tins aet shall not apply to the transportation of passengers or property, or to the receiving, delivering, n-orage or nanming or. property, wnoiiy witnin one it ate. and not shipped to or from a foreign country :rom or to any rTt or xerrimry m arcresaid. The term "railroad.' as used in this act. shall inUude all bridges and femes used or operated in eon section with any railroad, and also all the road in use y any corporation operating a railroad, whether wnedor operated under a contract, agreement or ase; and the term "transportation" ahall include all tistrnmentalitiea of shipment or carnage. RKABONAIiLE AND JUST CHAROES. AH shares made for any service rendered, or to be rendered, in tha transportation of passenger or propirty as aforesaid, or in connection therewith, or for the receiving, delivering, storage or handling of anch roperty, shall be reasonable and just; and every untjt and unreasonable charge for snch service is proObiLed and aeciarea to be umawtui. DISCBIMlNATIXO HATES FOItniDDEJf. Sec. 2. That if any common carrier, subject to the trovUions of this act, a'lall, dirwtly or indirectly, by ,ny Boeeml rate, rebate, drawback, or other device. tharge, demand ooliect or receive, from any person or tarsont. a crcater or let compensation lor any aerv ce rendered, or to be rendered, in the transportation passenger or property, aubjeot to the provisiona i this act. than it charees. demands. col!eta or reiv from any other person or persona, for doing for to, or incm a lino and contemporaneous service in

the transportation of a like kind of traffic under sub

stantially similar circumstances and conditions, such eonimon carrier shall be deemed irnilty of unjust discrimination, which is hereby prohibited, and declared to bo unlawful. NO PREFERENCES. Sec 3. That it shall be unlawful for any common carrier snbject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular rer.jon, company, firm, corpo ration, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, eompany. firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in anv respect whatsoever. fc, very common carrier subiect to the provisions of this act shall, according to their respective powers, afford all reasonable, proper and equal facilities tor the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering ot passengers and property to and from their several lines and those connecting therewith, and snail not discriminate in their rates and charges between such connecting lines: but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. THE LOXO AND SHORT HAUL CLAUSE. Sec. 4. That it shall ba unlawful for any common carrier subject to the provisions of this act to charge or receive any greater eompensation in the aggregate for the transportation of passengers, or of like kind of property, under substantially similar circumstances and conditions, for a shorter than tor a longer dis tance ovr the same line in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any com mon carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: .Provided, however, that upon applicaticn to the commission appointed under the provisions of this act, such common carrier may, in spe cial cases, after investigation by the commission, be an horized to charge less for longer thau for shorter distances for the transportation of passengers or property; and the commission may, from time to time, jjrescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. TOOLING UNLAWFUL. Sec 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling or rretgtts or different and competing railroads, or to divide between them the aggregate or net proceeds of roe earnings 01 sucn ranroaas, or any portion tnereor; and in any case of an agreement for the pooling of freights as aforesaid, eaoh day of its continuance shall be deemed a aoparate offense. PUBLICITY OF RATES. Sec. 6. That every common carrier subject to the provisiona this act shall print ana keep for public insnection schedules showing the rates and fares and charges for the transportation of passengers and prop erty which any such common carrier has established and which are in force at the time upon its railroad, as denned by the farst section of this act The schedules printed as aforesaid by any snch common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classihcation of freight in force upon such, railroad, and shall alao state separately the terminal charges and any rules or regulations, which in any wise change, affect, or determine any part of the aggregate of such aferesaid rates and fares and charges. Such schedules shall be plainly printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept m every depot or station upon any such railroad, m such places and in such form that they can be conveniently : . i inspecieu. Any common carrier subiect to the nrovisions of this act receiving freight in the United States to be carried through a foreign country to any place in the tinned states than aiso ia like manner print and keep ror public inspection, at every depot where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States be yond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall. before it is admitted into the United States from said foreign country, be subjected to customs duties as if said freight were of foreign production; and any lawin conuict witn this section is hereby repealed. NOTICE OF ADVANCB IN RATES. In o advance shall be made in the rates, fares and charges which have been established and published as atoresaid by any common carrier m compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in foree, and the time when the increased rates, fares or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall bo plainly indicated upon the schedules in force at the. time and kept for public inspection. Reductions in such published rates, fares or charges may be made without previous public notice: but whenever any such reduction is made notice ot the same shall lm mediately be publicly posted, and the changes made shall immediately be ma le public by printing new schedules, or shall immediately be plainly indicated upon the schedules at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares and charges, in compliance with the provisions of this section. It shall be unlawful for such common carrier to charge, demand, collect or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any service ia connection therewith, than is specified in such published schedule of rates, fares and charges as may at the time be in force. Every common carrier subject to the provisions of this act shall file with the commisson hereinafter provided for. copies of its schedules of rates, fares and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said commission of all changes made in the same. 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. And in cases where passengers and freight pass over continuous lines or routes operated by moro than one common carrier, and the several common carriers operating such lines or routes estab lish joint tariffs of rates, or fares, or charges for such continuous lines or routes, copies of such joint tariffs snau b io, m une manner, oe men witn taia commission. Such joint rates, fares and charges on such continuous lines so filed as aforesaid shall be made public by such common carrier when directed by said commission, in so far as may, in the judgment of the com mission, be deemed practicable; and said commission shall, from time to timi, prescribe the measure of publicity which shall be given to such rates, fares and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published: but no common carrier party to any such joint tariff shall be liable tor the failure of any other common carrier party thereto to observe and adhere to the rates, fares or charges thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares and charges as provided in this section or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated or wherein such offense may be committed, and if such common carrier be a foreign corporation iu the ju dicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section, and such writ shall issue in the name of the people of the United States, at the relation of the commissioners appointed under the provisions of this act; and failure to comply with its requirements shall be punishable as and for a contempt; and the said commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to re strain such common carrier trora receiving or trans porting property among the several States and Terri tories of the United states, or between the United States and adjacent foreign countriee, or between ports of transshipment and of entry and the several states ana i arruorios ot tne unuea states, as men' tionad in the first soctiou of this act. until such com mon carrier shall have complied with the above said provisions of this section of this act, COMBINATIONS TO PREVENT CONTINUOUS CAE RIAGE. Sec 4 . That it shall be unlawful tor any common carrier subject to the provisions of this act to enter into any combination, contract or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by any other means or devices, the carriage of freights from being continuous from the place of shipment to the nlace of destination; and no Dreak of bulk, stoppage or interruption made by such common earner shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to place of destination, unless such break, stoppage or interruption was made in good faith for some necessary purpose, and without any intent to avoid or uu necessarily interrupt such continuous carnage or to evade any of the provisions of this act. LIABILITY FOR DAMAGES. Sec 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done or permit to be done any act. matter or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing in this act required to be done, snch common carrier shall be liable to the por son or persons injured thereby for the full amount of damages sustained m consequence of any such violation of the provisions of this act. together with a reasonable counsel or attorney's fee, to be fixed by the conrt in every ease of recovery, which attorney's fee ahall be taxed and collected as part of the coita in the case. COMPLAINT TO COMMISSIONERS OR ACTION IN COURT. Sec 9. That any person or persons claiming to be damaged by any commou carriur, sutgat to the pro

visions of this act, may either mate complaint to the

commission, as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which snch common carrier may be lia ble under the provisions of this act m any district r-r circuit court of the United states of competent juris diction; but such person or persons shall not have the right to pursue both of said remedies, and must, in each case, elect which one of the two methods of procedure herein provided for he or they will adopt In any such action brought tor the recovery of damages the court before which the same ahall be pending may com Del any dh ector, officer, receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear and testify in such case, and may compel the production of the books and papers of such corporation or company party to such suit; the claim that any snch testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the triad ot any criminal proceeding. ' PENALTY FOR VIOLATION OF THIS ACT. Sec. 10. That any common carrier subiect to the provisions of this act, or, whenever snch common carrier is a corporation, anv director or officer thereof. or any receiver, trustee, lessee, agent or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or ahall willingly suffer or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter or thing in this act required to be done, or shall canse, or willingly suffer, or permit any aet, matter or thing so directed or required by t.is act to be done not to be so done, or snau am or abet any snch omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misde meanor, ana shall, upon eonvtction thereof m any dis trict court of the United States within the jurisdic tion or wnicn such oitense was committed, be subiect iu a una ot not to exceeu $o, wi ror eaca one n so. Section 11 provides for the creation of a railroad commission, to be composed of five men appointed by the President, by and with the advice and eensent of the Senate. The com missioners nrst appointed shall continue in office two, three, four, five and six years from the 1st of January, 1887, the President to desig nate the term of each, and their successors to be appointed for terms of sis years; not more than three of the commissioners shall be appointed from the same political party, and the Presi dent may remove any commissioner for cause; no person in the employ of or holding any offi cial relation with any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said commission ers shall not engage in any other business, voca tion or employment. No vacancy in the com mission shall impair the right of the remaining commissioners to exercise all the powers of the commission. POWERS OF THE COMMISSION. Sec 12. That the commission hereby created shall have authority to inquire into the management of the basinets of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conduct ed, and shall have the right to obtain from such common carriers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it was created, and for the purposes of this act the commission shall have power to require the attendance and testimony of witnesses, and the production of all books, papers. tariffs, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke tne aid of any court of the United States in requiring the attendance and testimony of witnesses, and the production of books, papers and documents under the provisions of this section. And any of the circuit courts of the United States within the jurisdiction of which such inquiry is car ried on, may, in case of contumacy or refusal to obey a subpoona issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said commission (and produce books and papers, if so ordered), and give evidence touching the matter in question: and any failure to obey such order of the court mav be punished by such court as a contempt thereof. '1 he claim that any such testi mony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person oa the trial of any criminal proceeding. APPLICATION TO COMMISSION. See. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufaeturing society, or any body politic or municipal organization, complaining ot anything dona or omitted to be done by any common carrieixsubject to the provisions of this act in contraventiSf the provisions thereor may apply to saw commission by petition, which shall briefly state the facts, whereupon a state ment of the damages thus made shall be forwarded by the commission to such common carrier, who shall be called iiponto satisfy the complaint or to answer the same in writing within a reasonable time, to be speci fied by tne commission. It such common carrier, within the snecified time, shall make penaration for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus comola'.ned of. If such carrier shall not satisfy the complaint within the time specined, or there shall appear to be any reason able ground for investigating said complaint, it shall be the duty of the commission to investigate the mat' ters complained of in such manner and by such means as it shall deem proper. Said commission shall in like manner investigate any complaint torwardea by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, and may institute anv inquiry on its own motion in the same manner and to the same effect as though com plaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. REPORTS OF INVESTIGATIONS. Sec. 14. That whenever an Investigation shall be made by said commission it shall be its duty to make a report in writing in respect thereto, which shall in ciucie tne nnmngs ot fact upon which the conclusions of the commission are based, together with its recom mendations as to what reparation, if any, should be made by the common carrier to anv party or parties who may be found- to have been injured; and such findings so made shall thereafter, in all judicial pro ceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the commis sion shall be entered of record, and a copy thereof shall be furnished to the party who may have coin nlained. and to anv common carrir that iriav have been complained of. NOTICE TO RAILROADS. Sec. 15. That if in any case in which an inve3fciga tion shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by the testimony of witnesses or other evi dence, that anything has been done, or omitted to be done, in violation of the provisions of this act, or of any law cognizable by said commission, b; any common carrier, or iiat any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of anv such violation, it shall be the duty of the commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and de sist from such violation, or to make reparation for the injury so found to have been done, or both, with in a reasonable time, to e specified by the commis sion; and if, within the time specified, it shall be made to appear to the commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. PETITION IN UNITED STATES COURTS. Sec 16. That whenever any common carrier, as defined in, and subject to, the provisions of this act. shall violate, or refuse, or neglect to obey any lawful order or requirement of the commission in this act named, it shall be the duty of the commission, and lawful for any company or person interested in such order or requirement to reply, in a summary way, by petition, to the Circuit Court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of suoh order or requirement shall .happen, alleging such violation or disobedience, as the case may be, and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court may direct; and aaid court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in snch manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute, in such mode and bv snch persons as it may appoint, all such inquiries as the court may think needful to enable it to form a jnst judgment in the matter of such petition; and on such hearing the report of said commission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court on snch hearing or on report of any such person or persons that the lawful order or requirement of said commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from farther continuing such violation or disobedience of such order or requirement of said commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to isse writs of attachment or any other process of said tourt incident or applicable to writs of injunction or otier proper pro

cess, mandatory or otherwise,. gainst Such common carrier, and, if a corporation, against one or more of

the directors, officers or agents of the same, or against anv owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, "mandatory or otherwise, to pay such sum of money, not exceeding for each earner or person in default the sum of ifroUO for every day after a dav to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable, as the court shall direct, either to the party complaining or into court to abide the ultimate decision of the court, or into the treasury: and oavment thereof may. without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution or like manner as if the same had been recovered by a final de cree in personam in such court When the subject in dispute shall be of the value of $2,00X or more, either partv to snch proceeding before said court mav appeal to the Supreme Court of the u nited Mates, under the same regulations now pro vided by law in respect of security for snch appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any sucn peticion shall be hied or presented by the com mission it shall be the duty of the district attorney, under the direction of the Attorney-general of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts or the United States. For the purposes of this act, ex cepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session. MANNER OF CONDUCTING BUSINESS. see. 17. That the commission mav conduct its pro ceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commission shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceed ing in which he has any pecuniary interest &aid commission may. from time to time, make or amend such general rules or orders as mav be requisite for the order and regulation of proceedings before it, including forms of notices and the services thereof, which shall conform, as nearly as may be! to those in use in the courts of the United States. Any party may ap pear before said commission and be heard, in person or by attorney. Every vote and official act of the commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said commission shall hav an official seal, which shall be judicially noticed. Either of the members of the commission may administer oaths and affirmations. Section 18 provides that the commissioners shall be paid $7,500 a year each, and Section 19 orders that the principal office shall be in Wash ington. ANNUAL REPORTS FROM RAILROADS. Sec 20. That the commission is hereby authorized to require annual reports from all common earners, subiect to the provisions of this act, to hx the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the commission may need information. Such annual reports shall show in detail the amount of capital stock issued, tne amounts paid therefore, and the manner of payment tor the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts, and the interest paid thereon; the cost and value of the carrier's property, franchises and equipment; the number of employes and the salaries paid each class; the amounts expended for improve ments each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other exnenses; the balances of . profit and loss; and a complete exhibit of the financial operations of the carrier eafh year, including an annual balancesheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements or contracts with other common carriers as the commis sion may require, and the said commis sion may, witnm its discretion, for the purpose of enabling it the better to carry out the purposes ot this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be. a uniform system of accounts, and the manner in which such accountsshall be kept. REPORT TO SECRETARY OF INTERIOR. Sec. 21. That the commission shall, on or before the 1st day of December in each year, make a report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other reports issued from the Interior Department. This report shall con tain such information and data collected by the com mission as maybe considered of value in the determin ation of questions connected with the regulation of commerce, together with such recommendations as to - J i i T i i, 1-. . , A x, nuuitiouai legislation relating tneroto as tne commission may deem necessary. REDUCED RATES FOR GOVERNMENT. Sec. 22. That nothing in this act shall apply to the carnage, storage or handling of property free or at re duced rates for the United States, State, or municipal governments, or for - charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion or commutation passenger tickets; nothing in this act shall be cons trued to prohibit any common carrier from giving reduced rates to ministers of religion; nothing m this act shall be construed to prevent railroads from giving free carriage to their own officers and employes, or to prevent the principal officers of any railroad company or companms from exchanging passes or tickets with other railrwfcd companies for their officers and em ployes; and nothing in this act contained Ehall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this ac t Section 23 appropriates $100,000 for the use and purposes of the act, and Section 24 provides that the commission shall be organized immedi ately after passage of the act, and the act itself shall take effect sixty days after its passage. the rmxciPLE of local option. To the Editor of the Iudlanaolis Journal: If there is any principle of government the American people, of all parties, are unreservedly committed to, it is the principle of local self government, home rule, or local option, for these terms all mean the same thing. The principle had its first practical application in the New England town meeting of colonial day, where all measures of a local character were discussed and settled. If a public bridge was called for, a I town meeting was summoned, and in this the question of bridge or no bridge was debated and determined. If a school-house was demanded, a town meeting decided whether or cot the wel fare of the neighborhood required it, and the school-house was built or not built as the ma jority decided by their ballots. If a tax was to be levied for any local improvement, the town meeting determined how much it should be, and under whose supervision it should be expended. livery local interest was looked alter and pro vided for by the town meeting. From the town meeting of New England the principle of local self-government, in some form or other, bas been engrafted into the polity of everv State of the Union, and is to-day recog nized and enforced in every branch, department and jurisdiction ot our complex system of gov ernment. The Nation determines questions affecting the country at large, tne state settles controversies in which the state only is concerned, and all purely local matters are referred to our county, townshipand municipal authorities, or to the peo ple of these several local subdivisions; and this local self-government, home-rule, or local option, as you may cnoose to designate it, bas become the very essence of our political institutions. It is only when we attempt to apply this just and beneficent principle to the saloon that any one is found to object Those who oppose local op tion in reference to the retail liquor business are willing to grant to every- neighborhood in the State the right to determine for itself whether or not it will have a bridge, a new court-house, a school-house, anew alms-house, make a sub scription to aid in building a railroad, or con struct a free gravel or macadamized road; they are willing that a town or city may determine for itself whether or not it will have gas works, water works, street railroads and high-schools; but they are not willing that any community may determine for itself whether or not it will have dram-shops or saloons. The people within a given area may vote out ihe school -houses. vote down the railroad subscription, defeat those who would build a new court-bouse, or a new county poor-house; the people of a town or city mav vote down the water works, the gas-works and the high-school, but the saloon is too sacred to be touched by the popular wilL It is so much more beneficial than any of these things that it must be placed beyond the reach of popular disfavor. The school-house, the bridge, the the alms-house, the railroad, the water-works, the gas-works, the high-school, may each or all be required to a hide the judgment or toe ma

jority; but the saloon must remain, though every

man, woman and child within the township, town or city should protest against it The Legislature is simply asked to provide that each town and township may determine for itself whether or not it will have saloons, And if it decides to have them, upon what terms. It is as ted to provide that no one shall establish a saloon in a neighborhood where the people to be affected by it do not want it To this measure the Republican party is unreservedly pledged, while the Democratic party is pledged to the principle that the will of the saloon-keeper ought to be supreme and indisputable. If he wants to start a saloon in a neighborhood to debauch and corrupt its youth, to devour its sub stance and bring nakedness and hunger to its women and children, that party says he shall have the power to do it, and that neither the protests of helpless innocence nor the votes of free men shall avail to prevent it The fact that men dare to open their mouths in public in defense of so monstrous a proposition is a reproach to the manhood of our people. Is this cot submitting a most important question of local interest to one man, and he. in every sense of the word, an enemy to those over whom he is installed as autocrat? The more he corrupts the morals of the people", the - more his business will prosper. The longer he can keep the people in ignorance, the longer will his saloon flourish. The more the people neglect their own material interests, the more they will be likely to build up his. Is such a man, under such circumstances, fit to be the ruler of a free people. The Democratic party of Indiana says he is, and tbat he shall, on this vital question, be their master, no matter howmnch, nor in what form, they may protest against it The whisky-seller's one vote for the saloon is to outweigh all votes against it, no matter how many such there may be. Is this free government, or the most odious of all oligarchies? Is it free men who propose such a thing, or the base and cringing slaves of the whisky ring? If it shall be asked, why not let the township and town decide upon the propriety of allowing other kinds of business within their limits, I answer that from time immemorial the traffic in intoxicating liquors has been treated as a wrong, to be regulated and restrained by law. It has never been considered a business that ought, in any way, to be encouraged, but discouraged. The courts, from the days of Blackstone, have drawn a broad line of demarcation between the whisky traffic and other kinds of business. They have never put the whisky-shop and the butchershop in the same category in law. The latter has been regarded as an essential the former as a nuisance. Our own Supreme Court has drawn a wide mark of distinction between the saloon business and other occupations. The case of Harrison and others vs. Lockhart (25 Ind. Reports, page 112,) presented a novel question. Lockhart executed to Harrison and other citizens of Martinsville a bond by which he obligated himself that he would not, at any time, nor in any' manner whatever, engage in the retail whisky traffic in said town, under a penalty cf $300. He violated this obligation, and suit was brought to recover the penalty. The lower court, following the general doctrine tbat a bond in restraint of trade is void as being against public policy, held that the breach of the bond constituted no cause of action, and cave judgment against the plaintiffs for costs. An appeal was taken to the Supreme Court, where the whole subject was elaborately examined. and an exhaustive and learned opinion written. The policy of the State, in its dealings with the liquor traffic, from the Territorial Legislature up to the time of the decision, was critically reviewed, and after citing all the various laws tbat had been enacted for the restraint of the traffic, tne court says: It will be seen, from this rapid view, that it has not been the policy, either in England or in this country. to encourage the traffic in intoxicating liquors; but that, in this country, the whole action of the legislative ppwer has been uniformly to limit, restrict, or ab solutely prohibit the traffic. With us, from the time almost of our earliest territorial existence to the pres ent moment that policv has been pursued, and, in the opinion ot former judges of this court the utmost verge of legislative power was passed in the vain at tempt to prohibit the sale. In the light of such a record and with the legislative enactment still stand ing unrepealed, and its power unquestioned in this court, wouia it become us to declare that it was the settled doIicv of this Ir-tate to encourage the traffic in intoxicating liquor, and to protect it, that it might add to the wealth of the State, or serve the conven ience of the public? The effect of the entire legislation upon the liquor traffic has been, not to en courage persons to embark in the business, but to hedge it about with restrictions and qualifications and overshadowed it with pains and penalties. The whole course of legislation on this subject prevents any presumption being indulged that this traffic, like other employments, adds to the wealth of the nation, or to the convenience of the public. The judgment of the Circuit Court was re versed and the case remanded for further pro ceeding in the lower court. The law, as laid down in this case, has since been twice followed and approved by our Su nreme Court (See McAllister vs. Ilowells, 42 Ind. li., p. lo, and Heddnck vs. State. 101 Ind R., p. 564.) It is thus settled law in Indiana that, while one may not bind himself not to follow a useful and legitimate occupation, where no one else takes his place, he may bind himself not to follow the business of liquor-selling, because such occupation is detrimental to the public weal, has always been regarded and treated by the Legislature as an evil to be restrained, and does not come within the reason of the rule which renders void a contract or bond in re straint of trade. "In other words, the court holds that, while a man mav not bind himself to quit doing what is right and useful, he may bind mmseii to quit doing wnat is wrong and in jurious, and the liquor traffic being wrong, the bond by which the seller obligated nlmselt to quit selling, could be enforced in court of justice. On the same principle the Legislature may authorize the people to vote out of their midst what is detrimental to the puoiic weuare. out not an occupation that is useful and beneficial The Legislature may au thorize one to kill his neighbor's mad dog but not his sheen. The Democratic party proposes an entire reversal of this policy. It argues that while the Legislature may authorize the people of given localities to vote down the school house, the alms-house and the railroad, it should not authorize them to vote down the grog-shop. They may vote out what is useful but not what is detrimental to the community, They may be authorized to vote out what is right but not what is wrong. P. S. Kennedy. Ceawfobdsville, Ind. Meeting of Window-Glass Manufacturers. Philadelphia, Jan. 5. James Gillender pre sided at a meeting of the window-glass manu facturers of the Eastern district of the United States, held in this city yesterday. : Among other business discussed was a system of trade in the Western district, whereby the large man ufacturers buv from the smaller ones, and thus prevent the necessity of the latter putting their wares on the market and possibly lowering the current prices. A committee was appointed to inquire into the working of the system and re port at another meeting of the general body. Do not waste your money for every new rem edy advertised to cure a cough, when you know that Dr. Bull's Coueb Syrnp bas stood the pop ular test for thirty years. Price 25 cents. S2i 3 MOST PERFECT MADE rreparefi with strict regard to Purity, Strength, and llealthfulness. Dr. Price's Baking Powdercontalns no Ammonia, Lime or Alum. Dr. Price's Extracts, Vanilla, Lemon, Orange, et& flavor dellciously. PQrr oiirun Pflwnr? ?& YVr avo Sr i pots. A

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