Rensselaer Republican, Volume 19, Number 22, Rensselaer, Jasper County, 3 February 1887 — Page 6

INTERSTATE COMMERCE.

Text of the Bill as It Finally Passed Both Houses of Congress. - . { '• The bill passed by Congress regulating interstate commerce is as follows: An aetto rognlato oominerco : U# it enact»«l by tht* Senate and House of JU>preseut itivo» of Um Untied fetiitiis of America in Congress assembled. That the provision* H this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly y by railroad, or partly by railroad and partly by water when both are used, tinder a common 'control, management, or arrangement, for a continuous carriage or shipment from one State or Territory o/ the United States or the District at Columbia to any other State or Territory of tho United States or the District of Colombia, or from any place in the United Statea to an adjacent foreign country, or from any place in tho United states through a foreign country to any other place in the United Mates, ntnl also to the trimsp irtation In like manner of property shipped from any place in the United taUst ia foreign country and Carried from such place to a port of transshipment. or shipped from s foreign country to anv place in tho United States and carried to such place from a port of en S’ either in tlio United .States or Jui jacent son ign country ; Provided, however, That the provisions of this ai t shall m t apply to the transportation of passengers or prop »rty, or to the rece ving, <1 or handling of property, wholly wifTin one State, and not shipped to or from a foreign, country from or to any .State or Territory as aforesaid. Tho term “railroad" as used in tins act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any cor]oration operating a railroad, wlietlier owned or o]>erateii uieier a contract agreement, or lease: and the term •tratmportatiou" sliali include all instrumentalities of shipment or carriage. Ail charges made for nny service rendered or hi lie rendered in the trei)s]iortat.on of passengers or property as aforesaid, or in connection therewith, dr for the n ceivinc, delivering, storage or handling of such property, shall be reasonable and just, and every unjust au l unreasonable charge for such service is prohibited and declared to be unlawful. Sec. 5. T That if any common carrier subject to the provisions of this act shall, din otlv or indirectly, bv any special rate, rebate, drawback, or other dei ice, charge, demand, collect, or receive from my person or persons a greater or less compensation for any s nice rendered, or to l>e rendered, in the transportation of passengers or property subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service iu the transportation of a like kind of traffic under substantialli similar circumstances ami conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, Sec s. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or on vantage to any particular person. company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation’ or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Kvery common carrier subject to the provisions of this act shall, according to their respective powers, afford ail reasonable, proper, and equal facilities for tho Interchange of traffic between their respective lines, and for the receiving, forwarding and delivering.of passengers and property to and from their sevi ral lines and those connecting there-\ with, and shall not discriminate in their rate* and charges l>etween-suchconnecting linos; but this shall not I>e construct! as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Sec. 4. That it shall be unlawful for any common carrier snbjectio the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers it oi like kind of property, under substantially similar circumstances' and pond!-. tions, for a shorter than for a- longer distance over the skme line iu the same direction, the shorter be ing included within the longer distance : but this shall not be construe d as authorizing any common 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 application to the Commission appointed under the provisions of this act, such common carrier may, iu special cases, after investigation by the Commission, be authorized to charge less for longer than for short r distances for the transportation of passengers or property : and the -CommiKKion may ' from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of the act

Sec. 5. That it shall ha unlawful for any common carrier subject to lh.‘ provisions of this act to enter into any contract, agreement or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid; each day of its continuance shall be deemed a separate offense. Sec.. 6." That every common carrier subject to the provisions of this act shall print and keen for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and 'which are in force at the time upon its railroad, as defined by the first Section of th s act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, rind sbaH contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect or determine any part of the aggregate ol s.H-h at •!'• -a: rates and fares and charges. Such schedules shall be plainly printed in large type, of at least the site of ordinary pica, and Copies for the use of the public thail be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected. Any Common carrier subject to the provisions 'of.this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep for public inspection at every depot where such freight is received dor shipment, schedules show rug tpe through rates 'established and charged by -such common carrier to all points in the United States 'beyond the * foreign country to which it accepts freight for shipment; ar.d anv freight shipped fr. m the United; Stat a. through a foreign country into the -United States, the through, rate on which shall not have been made public as required by 1 this act, shall, before it is admitted into the' United States from said foreign country, be subj^etj 1 to customs duties, as if said freight were ofLa foreign production; and any law in conflict with this section is hereby repeak d. No advance shall be made in the rates, fares, ams charges which have been established and published as aforesaid by any .common carrier, in compliance with the requirements of this section, except after ten days' public notijee, which shall . plainly state proposed to be made in the schedule th. u 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 be plainly indicated upon the schedules in force atthe time and kept tor public inspection. Ke-f ductions in such public rates, fares, or changes "may !>e made without previous publie notice; but whenever any such reduction is made notice of the same shall immediately be publicly posted, and the changes made shall immediately be made public by printing-new schedules, or shall immediately,be plainly in-; dicaiei 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 train any person or persons a greater or less compensation for the transportation bEßsSSengers or property, or for any services' m connection therewith, than is specified in such published schedule of rates, fares, and charges as mav at the time be in force. Kyery common earner subject to the provisions'" of this set shall file With the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirement- of this section, and shall promptly notify said Commission of all changes jnede 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 tills act to which it may be a party. And in eases where .passengers and freight pass over continuous lines or routes operated by more than me common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. Bach joint rates, fares and charges on such aontinuous Uses so filed as aforesaid shall be

1 made public by such common carriers when df- ! reeled bv said Commission, in so far as may, In , the judgment of the Commission, be deemed : practicable; and said (Vnnnissi.n shall from .time, to time prescrilM* tho measure of publicity which shall be given to such rates, taros and charges, or to such part of them as it may ; deem it practicable for Such cot union carriers ;to publish, and the places In which they : shall be published ; but no common carrier party ito ouy such joint tariff shall bo liable for 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 snail 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 Pi other penalties herein pre- | scribed, be subject to a writ of mandamus, tc.be. . issued by any circuit court of the United Stives j in tho judicial district wherein the principal j office of said common carrier is situated, or ] wherein such offense may bo committed, and if ] such common carrier be a foreign corporation, in tha judicial circuit wherein such common ' carrier accepts traffic and has an agent to ]>erform such service,.to compel compliance with the aforesaid provisions of this sectionand such writ shall Issue in the name of the people at tho United states at the relation of tho Commiss oners ap;Minted under tho provisions of this act, and failuro to comply with its requirements Bhall lie punishable aB and for a contempt; and the said Commissioners! as i complainants, may also apply, in any such Circuit Court of the United Mates, for a writ of injunction against such common carrier, to reHira.n such common carrier from receiving or transporting ]iro|>orty among the several States and Territories of the United Mates, or betweeu tbe United States and adjacent foreign countries, or between ports of transshjpun lit and of entry and the several States and Terr it Mies of the United Star s, as mentioned in the first section of -this net, until such common carrier snail have complied with the aforesaid provisions of this section of this act.

Si c. 7. That it shall bo unlawful for any roinhmn carrier subject to the provisions of this act to enter into any combination, contract or agreement. or implied, to prevent by Change of time schedule carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the placeof shipment to the place of destination : and no break of bulk, stoppage or interruption made by such common carrier shall -prevent the carriage of freights from • being - and being treated us one continuous carriage from -thy place of shipment to the “place of destination, unless such break, stoppage; or interruption was made in good faith for some necessary jiurjMSe, and without any intention to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act. Sec. d. That in ease any common carrier subject to the provisions of this act shall do, cause to he done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall oinitto do any act,matter. or thing in this act required to lie done, Mich common carrier sbalbbe liable to the person or ] orsous injured thereby f< r the full amount of damages sustained in consequence of any such , violation of the provisions of this act, together with reasonable counsellor attorney's fees, to be fixed l>y the court in every case of recovery, which attorney’s fees shall be taxed and collected as part of the costs iu the case.

Sec. 9. That any person or persons claiming to be damaued by any common carrier suoject to the provisions of this act may either make 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 such common carrier may ho liable under the pro visions of this act in any District or Circuit Uourt of tho United States of competent jurisdiction ; hut such person or persons shall not have the right to pursuo both of such remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In an I' such action brought for the recovery of damages the court before which the same shall be pending may compel any director, offlceTr receiver, trustee, or agent of tho corporation or company defendant in such suit to attemL..ap,peap, and.testify in such case, amt may compel the production of the books and papers of such corjKiration or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giv-ing such evidonce shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. - See. 10. That any common carrier subject to the previsions of this act, or, whenever suefacommon carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, age.it or person acting for or employed by such corjioration, who, alone or with.any other corporation, company, person or party, shall willfully do or causo to bo done, or shall willfully suffer or permit to he d('ne, 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 cause or willfully 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 such 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 misdemeanor, anil shall, upon conviction thereof in any District Court of the United States within the jurisdiction of which such offense was-committed, be subject to a tine of not to exceed $1,900 for each offense. Sec. 11. That a commission is heroin'created and established to bo known as the Interstate Commerce Commission, which shall he composed of live Commissioners, who shall be aujiointed by the President, by and w ith tho advice and consent of the Senate. The Commissioners first appointed under this act sliali com tinue iu office for the term of two, three, four, five, and six years, respectively, from the Ist day of January, A. I) 1887, the term of each to be’dosignated bvthe President; but their successors shall be appointed for terms of six years, except that any person- chosen to fill a vacancy shall be appointed only for the nnoxpired term of the Commissioner xvhom he shall succeed. Any Commissioner may be removed by the Presidenffer inefficiency, neglect of duty, or malfeasance in office. Kot more thiln three of the Commissioners shall be appointed from the same political party. No person iu the empiov of orholding any official relation to any common carrier subject to the provision of this actyOT'owmng stock'Tirbonds-therebf; or'whetiw in any manner pecuniarily interested therein, shall enter upon the duties of or hold; such off ice Said ponun i.' Sioners shall not engage in any other business, vocation, or employment. No vacancy in the Cbnnniasion shall impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Sec. 12. That the Commission hereby created shall have authority to inquire iiito the maiiaseiuent of the business of all common carriers subject to the provisions of this act; and shall ktep -itself informed as to the manner and method in which the same is conducted, and shall cave the right to obtain from such common carriers full .and complete information necessary to-eua It.the Commission to perform the duties and carry out th • objects for which It was created ; an 1 for the purposes of this act the Commission -h:ui have power to' yeqhire 'the attendance ahd testahtfiiv-of ■ witnesses and the production of all books,.‘papers. Tariffs,contracts, agreements, and documents relating to any matter inider investigation, and to that end may invoke the 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 carried on may, in case of con-, tnmaey or ‘refusal to obey a gubperpa issued to arty common carrier subject to the provisions of this act, or other person, issue an .'order requiring such common earner nr other-Person to nppar before said Commissiqti and prsk Kiee IviokiT and papers, if so ordered, and give evidence touching the matter in question : and any failure to obey such order of the Court maybe pmtished by such Court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evi-' dence shall not excuse such witn -ss from testifying; hot such evidence or testimony shall not be used against silch persom on the trial of auy criminal proceeding. Sec, 13. That ant person; firm, corporation or. association, or any .mercantile, agricultural or manufacturing society, or any body politic or municipal of anything done or omitted to be done liv arty miumon ear, tier subject to the provisions of this act in com traventiou of the- provisions thereof, -may apply to said Commission by petition, which shall briefly state the facts ; whereupon a statement of the charges thus made shall be for^vanted by the Commission to such common ear-. rier. who shall be called--viiion tog aatisfy the complaint or answer the same Th writing wiihin- a reasonable time, to be s jveci tied by the Commission,! If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the partictriar violation of“law thus complained of If such carrier shall hoi satisfy the the time specified, tor there shall appear to be any reasonable ground for investigating mid complaint it shell lie tfn» duty 6f Uhs Coihmission to investigate the matters complained of in such manner and by such means as it shall deem proper. Said Commission shall in like manner invest gate anv complaint forwarded by the Eailroad Commissioner or Railroad Commission of any State or Territory. at the request of such Commissioner or Commission, and may institute!any inquiry on its own motion in the..same.manner and to the Same effect as though complaint had been made. No complaint shall at any time bedis-

! missed because of tho absenoe of direct damage ; to the complainant, f Sec. n. That whenever an Investigation shall : be made by said Commission it shall he its duty to make a report in writing in respect thereto, which shall include the findings of fact u|mii which tbo conclusions of the Commission are j based, together with Its recommendation as to , what reporutiou. if any, should be made by thy common carrier to any party or parties who may I be fom.d to have been injured; and such findings so made .shall thereafter, in all judicial proceedings, hadeomed prana facio evidence hh to each and every fact found All rejMits of Investigations m.i'lti by tho Commiss on shall lie entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common Carrier that may huve been complained of. - Sec. 14, That if in-onv case in which an infestigailou shall be made by said Commission it shall be made to appear to tho satialjict on of the Commission, eitjhc r by the testimony of witnesses- or other evidence, that anythin has b®«n done or omitted to bo done in, violation of the provisions of this act, Or' of any law cognizable by s tid Commission, by any common carrier, pr that any Injury or datna o hag been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such'violation, it shall be the duty of tho Commission to forthwith cause a copy of its re- : I'm* iu res]K‘et thereto to tie delivered to such I common carrier, together with a notice to said : com quin carrier to cease and desist from such j violation, or to make reparation for tho injury ! so found to have been done, or both, within a ; reasonable time, to be specified by the Com- I ltfigsiou ; and if within tho time specified it j shall be made to appear to the C -mrnisgk n that such oonilium carrier has ceased from such vio- ; latum of law, and has made reparation for the injury found to I'Avo boeu done, in compliance with the report and notice of the Commission or to the satisfaction of the party cOmpTSIhTtiK," a statement to that effect shall be entered of! record by the Commission, and tho said commbri carrier shall thereupon bo relieved from further liability or penalty for such particular violation of law.

Sec. 10. That whenever any common carrier, as defined in and subject to the provisions of this ugt, shall violate or refuso or neglect to obey any lawful order or requirement of the Commission in this act named, it shall be tho duty of the Commission, and lawful for nny company or person interested iu such order or requirement, to apply, in a summary way. by petition, to the. Circuit Court of tlio Unit'd Statea sitting in equity jn the judicial district in which tho common carrier complained of has his principal office, or in which tho violation or dis djedience of such order or roquirem :it shall happen, alleging‘such violation or disobedience, as the case may be; and the said court snail have power to hear ami determine the matter, on such notice to the common currier complained of as the court shall deem reasonable; and such notice may bo served on such common carrier, his or,its officers, agents, or servants, in such manner qs the court .shall a feet: and said court shall proceed to hear and determine the matter speedily as a court of equity and without ihe formal pleadings and lirocaetlinga—applicable .to otdinary suits in equity, but ill such manner as to do justice in the premises ; and to this end such court shall leave power, if it think fit,to direct and prosocute in such mode and by such process as it may appoint all such inquiries as the court may think needful toouublo it to form a just judgment in the matter of such jietition ; and on such hearing the report of said commission shall beprima facie evidence of the matters therein stated ;

and if it be made to appear to such court, on such 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 further contimimg such violation or disobedience of such order or requirement of said commission, and enjoining obedience to the name ; aud in case of any disobedience of any such writ of injunction or other proper process, mandatory or other wise, it shall bo lawful for such court to issue writs of attachment, or any other process of said Court incident or applicable to writs of injunction, or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more o's the directors, officers or agents of the same, or against any 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 mouey, not exceeding for each carrier or person in default the sum of SoJO for every day after a day 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 suen moneys shall bo payable as the Court shall direct, either to the • party complaining, or into Court to abide the ultimate decision of the Court; of into the Treasury ; and payment thereof may. without prejudice to any other mole of recovering the same, be enforced by attachment or order in the nature of awrit of execution, in like manner as if the same had been recovered by a final decree in personam in such court, When the subject iu dispute shall be of the value of $2,0 at or ipore, .either party by such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations* now provided by law in respect of security for such appeal, but such appeal shall not operate to stay or superset]*) the order of the court or the execution of any writ or process thereon, and such court may iu every such matter order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever aiiy such petition shall be filed or presented by the Commission it shall he the duty of the District Attorney, under the • direction -of- the Attorney General of the United States, to prosecute the same ; aud the costs anil expense- of such prosecution shall be paid out of the appropriation lor the expenses of the courts of the United States. F, r the purposes of this act, excepting its peiiai -provisions, the'Circuit Courts of the United States shall be deemed to be always in session. Sec. 17. That the Commission may conduct its proceedings in such manner as will best conduce to trie proper dispatch of business and to the ends of justice. A majority of t ic Commission shall constitute a quorum for the transaction of business, hut no Commissioner shell participate in any hearing or proceeding iu which lie has any pecuniary interest. Said Commission mayv from time- to-tipie,. make or ameniT: sucli general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices' ttiid the service thereof, which shall conform, as nearly as mav be, to those in use in the Courts of the United states. Any party may appear before said Commission and ti ■ liei.r.l, in person or by attorney. Kvery vote and official act of the Commission shall bt»entered 'of -record, and its proceedings shall be p ihlic upon the request of either party inter; -ted Said Commission shall have an official seal, which shall bo judicially noticed. Either of the members of the Coni: tpiss'on may rdaunister oaths and affirmations. See, lS -Theteueh Commissioner shall receive an ahnual salary of .?7,50Q, payable in the same manner as the salaries of the judges, of the courts of the United States. The commission shall api»oint a Seer: tary, who shall receive an anuiabsalary of $ i,70j, ; payable in like: manner: The Commission Shall have authority to . cm ploy-and fix tin- compensation'of 'such other employes as it may find necessary to the proper performance of its duties, subject to the approval of tlie >'ocretarv of the. Interior Tho. Commission sha 1 be furnished by the Score” tary of the interior with suitable offices and all necessary office supplies. .Witnesses summoned before the Commission fnall.be paid the same fees and mileage that are paid witnesses in the courts of the Unit d States. All of the expenses of the Commission, including all necessary -expenses for transportation incurred by the Commissioners, or by the ir employes under:their orders, in making any investigation in auv other places than iu the city of Wash-ingtoiiv^gbail—bo-allowed and paid, on the presentation of itemised i o'acliV>rs tln-re*cTrupproved by the Chairma-H-af-thflrtfbmmitsiou and Secretary of the Interior. — i ~rv=s— Sec. in: That tbe.principal office of the Commission shall be. in the city of Washington, where its general sessions .shall be held ; but whenever the convenience of the publie or of tho parties may be promoted or de-lay or expense prevented thereby, the' Commission mav hold special sessions in any part of the. United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, iu any pare of ’the. United States, into any matter or question cif fact pertaining to the business of any common earyter subject to the provisions of tins act. ® Sec. fft). That tho C< miqissinn is hereby authorized to require annual reposts from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be mode, 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, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any. and the number of stockholders ; the funded aud floating debts and the interest paid thereon; the" cost aud value of the carrier's property, franchises, aud equipment; the number of employes andthe> improvements 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 Expenses; the balances -of profit and loss ; ajid a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet 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 Commission may require; and the said Commission may, within its discretion, for the purpose of enabling it tho better to carry out the jlurposes of this act, prescribe iif in the opinion of tho Commission it is practicable to prescribe such uniformity and methods of keeping accounts i a period of time within which all common carriers subject to the provisions of this act shall have, as noar as may bo, a uniform system of accounts, and the manner iu winch such accounts shall be kept. isec. -a. That -tho Commission shall, on or before tho Ist day of December in each year, make a report to, the fiocretary of .the Interior, , which shall be by him transmitto 1 to Congress, and copies of which shall be distributed as aro tho othor reports issued from the Interior Department. This report shall contain such information and data eoHscted by the Commlsj sion as may l e considered off value in the de.termination of quest ons eofthectotf with the - ' regulation of commerce, together with such j recommendations as to additional legislation relating theroto as the Commission may deem i necessary. Keo. ;fii. That nothing in this aat shall apply to the carriage, storage, or handling of property ; free or at roduoeil rates for the United States, 1 State or municipal governments, or for charitai ble purposes, or to or from fairs and exjositions j for exhibition th> roat, or the issuance of mile- ! age, excursion, or commutation passenger tick- ! et^; nothing in this act shall be construed to (prohibit any common carrier from giving ro- | duced rates to ministers of religion; nothing in j this act shall be construed to pros ent railroads | from giving freo carriage to tlioir own j officers and employes, or to prevent ihu principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their quivers and employes, and nothing in this act contained shall in anv way nbr dgc or alter til" remedies now existing at common law or by stated •; but the provisions of th s act are in a olitiou to such remedies. Provided, That no pending litigation sh ill in any way be affected by this act. Sec.'23. 'That tho sum of *lO i,uoo is hereby appropriated for the Use and purposes of this act for the fiscal year ending June 30, A. 1). 1888, and the intervening time anterior thereto. I Sec. 34, iThat the provisions of sections 11 and 18 of this act, relating to tho appointment and organization of tho commission herein provided for, shall take effect immediately, anil the-re-maining provisiouJof this act shall take effect sixty days after its passage.

Natural Selection in Literature.

One of the minor regrets which the observer of contemporary literature must feel in view of the fact that he will/probablv not be alive a hundred years hen.ee is ,tliat he cannot khow what is to become of ail the estimable books which the press is now pouring out. If he is an author, he knows that his own books must at least perish in the second glacial epoch; and he cannot help the foreboding that much besides which is excellent, and much which is beautiful, will be lost before that time in the mere excess of beauty and excellence. The greatest excellence and the greatest beauty are still, perhaps, as rare as in the past, but we think that the literary average is in some ways higher than ever it was. More honest and faithful and skillful work is done, and more of it. The penetrating spirit of democracy has found its expression in the very quality of literature; the old oligarchic republic of letters is passing; already we have glimpses of the Commune. If the reader has noted the optimistic tone of these essays he will conceive that we are not wholly dismayed at the prospect, and that we find a consolation in recognizing what seems good now, when the difficult business of forecasting its future perplexes and saddens. Our chief concern is thjrt we cannot recognize all the good there is in all the books that come to us; but if the public will keep our secret, we will confess that we believe this will have very little to do with their destiny. Ihe fittest, in literature as in everything else, will survive, as it has always done; and for all our confident air iu saying tuis is well and that is ill, we understand perfectly that we are not dealing final doom. We are saying what ony experience of literature and of life has persuaded us is the truth; but these books are also the expression of literature and of life, and we will confess again, if again the public will keep our secret, that sometimes the crudest exp ession in that sort seems better than the finest comment upon it. W e have sometimes suspected that more thinking, more feeling certainly, goes to the creation of a poor novel than to the production of a brilliant criticism; and if any novel of our time fails to live a hundred years, will any censure of it live ? Who can endure to read old reviews ? One can hardly read them if they are in praise of one’s own books. It v is not, then, with a wholly impersonal pang, dearly beloved brother immortals, that we sit here in our study sorrowfully regarding your multitude, and misgiving which of you shall survive, Ton cannot all, that is certain; and mo’re and more pensively we perceive that it is not absolutely for us to say which; blit to use what patience we may if thee poets, the historians,.the novelists, the essayists, are not able to keep their number within bounds. It is vain, at any rate, to preach Malthusianism to them, and we willingly relinquish to the reader the problem of the future, if, as seems very likely, they should multiply rather than decrease. It is already quite impossible to do more than touch contemporary literature at a few points, to speak o.f what seems characteristic, or what seems promising; but the author neglected or .overlooked need not despair for that reason, if he will reflect that criticism can neither make nor unmake that there have not been greater books since criticism became an art than there were before; that, in fact, the greatest hooks seem to have come much earlier.—JU. D. Howells.

Georgy’s Terse.

“Come and recite your verse to the lady, Georgy,” sand a fond mother of a precocious child. “Begin—— “LigbfTin this breast— —" Georgy—- —■—. .-“ljighton dis beast—’ “Not beast, but breast—go on — ."The patriot fire^-" Georgy—“Fnts in de fire " “Now the nest line—- " That I may serve my country’s need.’ Georgy— : ~. - '' | niay serve hrie CousirnSedj*"' = “Oh, Georgy” bin a heart-broken voice), “say your verse for the lady the way you do when you’re alone with me. ” Georgy—“ All yite, mamma, me wilL •>j.it» in dis bweast de fats in firo Zi.l me may save me Cousin Ned To be fat riot me Ruspire .; • , An' for me cousin's sister bead." “That’s a dear boy,” says the mother, proudly. “He must have a wonderful memory,” remarks the bewildered visitor. 1 “Oh, we don’t crowd him; it wouldn’t do;" and the mother dismisses the young patriot with a kiss. — Detroit Free Press. '

OUR HOUSE OF LORDS.

Portraits and Sketches or Some of the Newly Elected United States Senators. - Dawes, of Massachusetts; Hale, of Maine; Eearst, of California, and Others. * , / H«nry X. JJawcs, of Massachusetts. Hon. Henry L. Dawes, who has been re-elected to the Senate from Massachusetts, was bom at Cnnmiiugton, Mass., Oct. 30, 1810, He vns graduated from Vale College, began life as a school-

teacher, and edited the Greenfield Gazette and Adams Tranncript. At the same time ,he fitted himself by his exertions for the legal profession, and was admitted to the bar in 1842. He begnn his public career in 1848 as a member of the lower branch of the Legislature, and was returned in 1849 and 18 V 2. „ In 1850 he was a member of the State Senate. In 1853 he was a delegate to the State Constitutional Convention, and in the same year was a; pointed District Attorney for the Western District of Massachusetts, reinining that office until 1857. He wns elected to the Thirty-fifth Congress in 1858, and was re-elected to the Thirty-sixth, Thirty-seventh. Thirty-eighth, Thirty-ninth, Fortieth. Forty-first, Fortysecond, and Forty-third Congress, declining in 1875 to be a candidate for election to the Forty-fourth. He served ten years ns Chairman of the Committee on Elections, commencing with the Tfiirtysixth Congress—during the most important years in the history of the country—through the war and the reconstruction period. Eugene Hale, of Maine. Hon. Eugene Hale, who has jnst been chosen by the Maine Legislature as his own successor in the Senate, is a native of the Pine Tree State. He was bom at Turner,

Oxford County, June 9, 1835, longer ago than his appearance indicates, for he is a wonderfully well-preserved man. He received an academic education, and then read law. When 21 years of age he was admitted to the bar, and began practice. In a few years’ time he. was in the enjoyment of comfortable means and an excellent proressional practice. His first official position was as Attorney of Hancock County, which he heid nine consecutive years. In 1867 he was elected to the State Legislature. His first election as a United States Congressman was to the Forty-first Congress. He was also elected to the Forty-second, Fortythird, Forty-fourth and 1874 he declined-the position of Postmaster General, to which he was appointed by President Grant. He also declined a place in Hayes’ Cabinet. While a member of the Forty-fifth Congress die was Chairman of the Republican Congressional Committee. In January, 1881, he was elected Senator for the full term eliding March 3,1887, succeeding Hannibal Hamlin. His re-election for second term of six years has just taken place. George Hearst of California.' Hen. George Hearst first took his seat iri the United States Senate in March , 1886. by appointment of the Governor of California, as tue successor of the late Sena-

tor Miller. He has just been elected to serve the full term beginning with next March. Mr. Hearst has had an eventful history. He went to California across the plains in 1850, and commenced as a common laborer in the mines. Finally h| made some njonev and formed a partnership with Haggra A Tevis, and the firm has amassed a large fortune in buying mining claims. They now own one of the largest and most profitable mines in Butte City, Montana, and also mines in Arizona Colorado, Oregon, Mexico, Idaho, and California. Mr. Hearst is considered the most

expert prospector on the Pacific coast, and' his judgment in regard to a mine has never been at fault. He is a tall, welbformed man about fifty-five years old. He was a candidate for Governor of California iu 1882, bat Gen. Stoneman secured the nomination from the San Jose Convention and was elected. At the time of Senator Stanford's election in 1885 Mr. Hearst received the complimentary votes of the Democrats. He is a very wealthy man, and among hia real "estate owns 40,000 acres of the finest lands in the State, situated in San Luis Obispo. He is the sole owner of the San Francisco Exitmi&er.

Joseph K. Hawley, of Connecticut. The Conhecticnt, Legislature has reelected Hon. Joseph R. Hawley to the Senate from that State. Mr. Hawley was bora at Stewartsville, N. C., Oc\ I], 1826. Hia father was a native of Fa i..iugton, Conn., and to that Sfate the family returned m 1837, afterward removing to Cazenovia, N. Y. Gen. Hawley received his t ally education at Farmington and Harford. Couu..audin 1850 commenced a law practice iu Hartford. He very early took a deep interest in the politics of the country and was an active opponent of slavt-rv, especially of its extension to t,he Territories. In February, 1857,; he became editor of the Hartford Keening Press. Upon the outbreak of the war he enlisted (April 15, lH(il), being the first man, to enroll his name for volunteer service irom. Connecticut. He went to the field as Captain of the First Regiment Connecticut Volunteers and fought at Bull Run. Aft<r the three months’ campaign he recruited the .Seventh Connecticut Volunteers and was commissioned Lieutenant Colonel. He was Commissioned Colonel in 1862 and Brigadier General ip 1864. He served in the Army Of the James before Richmond and Petersburg. He was appointed Military Governor of Wilmington, N. C., and was brevefied Major General in 1865; was Gen. TJjejq-y’s Chief-of-Stall' at Richmond, and was mustered out of the service in January, 1866. He Was elected in April, 1866, to the Governorship of Connec-

ticut, holding the office one year. He returned to journalism as editor o% the Hartford Courant, and was President of the Chicago National Republican Convention in 1868; He was elected to the Fortysecond Congress Nov. 5, 1872. He was re-elected to the Forty-third Congress in April, 1873. Upon the organization of the Centennial Commission he was chosen its President. In 1881 he was 'elected to the United States Senate and has just been reelected. George Gray, of Delaware. Hon. George Gray, who has just been reelected United States Senator from Delaware, was born in New Castle, Del., May 4, 1840. When he was 17 years of age he entered Piinceton College, graduating from there in 1859, After reading law for three years with his father, the late Andrew C. Gray, and with William C. Spruance, he passed a year at Harvard Law School, and was admitted to the Delaware bar in 1863. Directly after his admission he commenced the practice of law at New Castle, and soon established a lucrative practice. In 1881,

having been made Attorney General by Governor Hall, he removed to Wilmington. ' llis first term expired in 1883, but he was reappointed by Governor Stockley; A. S. I’aililock, of Nebraska. Hon. Charles H. Van Wyck was beaten for Senator m Nebraska, after a hard fight. His successor is Hon. Algernon S. Paddock, who was beaten by Van Wyck in 1881, after having served one term in the Senate.

Mr. Paddock was born in Glens Falls, N. Y., Nov. s_, is:JO. He spent his youth at that place, entering the Glens Falls Academy in his thirteenth year. He pur-; sued his studies there; until he was eighteen ' years old, when he entered Union Col-

lege, New York, where he remained until his senior year, when he left and went to Detroit, Mich. He began the study of law there. In May, 1857, he removed to Fort Calhoun, Neb., near*where he pre-empted a farm antLsettled. In 1872 he moved to Beatrice, Gage County, where he nbw lives. During 1858 and 1858 he was engaged in editorial work for the Omaha Republican. In 1860 he was a delegate to the National Republican Convention at "Chicago that nominated Lincoln, He .was nominated Secretary of Nebraska Territory, and assumed the position April 1, 1861. In 1864 he Was a delegate to the National Convention at Baltimore. In 1857 he was a candidate for the Senate, but was defeated by John M. Thayer. In 4 1868 he was nominated Governor of Wyoming by President Johnson, but declined the place. In the winter of 1874-’75 he was elected to the United States Senate for a term of six' years. In the winter of 1880-81 he was a candidate for re-election, but after eighteen ballots was defeated by C. H. Van Wyck. He served as a member of the Utah Commission, to whicn placie he was appointed by President Arthur.