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188 CONGRESSIONAL RECORD-- HOUSE. DECEMBER 11,

merce and for other purposes, was mad.e the special order for to-day. and yield for his request, but I can not consent to do so if the bill which In cas~ the bill is not reached to-day will it follow as the speclal order he now ca-lls up is likely to give rise to debate or consume much time in after the present pending bill is disposed of? its consideration. It is all-important that speedy action should be The PRESIDENT pro tempore. 'l;'he Chair is of opinion that the taken npoD the unfinished business. special orQ..ers w-e to be taken up in ~he order for which they_ ma~ be Mr. MILLS. If it leads to any debate I will withdraw the motion. assigned, and not in the order at w h1ch ~be Sena:te made the directw_n. M:J;. REAGAN. With that understanding I shall not object to the Mr. CULLOM. The desire I have IS that It shall follow the bill request. now under consideration. . . The SPEAKER. The bill to which the gentleman from Texas re­ The PRESIDENT pm tempore. The Cha~r thinks that it ~his duty fers will be read, after which the Chair will ask for objection. to lay the first special order before the Senate on the conclusiOn ?f the The bill was read at length. pending business, the time having arrived when it should be latd be- The SPEAKER. Is there objection to the present consideration of fore the Senate. · this bill? " EXECUTIVE SESSION. :Mr. PERKINS._ I object. _Mr. HOAR. I move that the Senate proceed to the consideration of ORDER OF BUSINESS. executive business. Mr. WEAVER. I a2k unanimous consent to take from the Speak­ The motion was agreed to; and the Senate proceeded to the consid­ er's table for present consideration the bill S. 348. eration of executive business. Afterthirty-eightminutes spent in ex­ Mr. TULLY. I can for the regular order. ecutive session the doors were reopened, and (at 4 o'clock and 11 min­ PUBLIC BUILDING AT WACO, TEX. utes p. m.) the Senate adjourned. The SPEAKER. The g~ntleman fro!Jl Kansas [Mr. PERKINS) withdraws his objection to the request of the gentleman from Texas [Mr. MILLs]. Is the call for the regular order insisted on? liOUSE OF REPRESENTATIVES. Mr. TULLY. I withdraw the call for the regular order. Mr. THOMPSON. I wish to know whether this is to open the flood­ THURSDAY, Decembe-r 11, 1884. gates to all the bills for public buildings. Mr. HOLMAN. Before action is taken upon this bill I hope there- The Honse met at 12o'~lock m. Prayer by the Chaplain, Rev. JoHN port will be read. · S. LINDSAY, D. D. . The Journal of yesterday's proceedings was read and approved. The SPEAKER. The Chair will state that this is a Senate bill. The following additional members appeared and took their seats: Mr. HOLMAN. There is a corresponding bill which bas been re­ ported by the House committee. Let the report of_the House com­ Mr: BLACKBURN and Mr. NICHOLLS. mittee be read. ORDER OF BUSINESS. Mr. BRUMM. I object to the present consideration of the bill. Mr. REAGAN. Mr. Speaker, I call up the unfinished business com- There are many others in the same condition as this. Let them all ing over from yesterday. - take their chance together. The SPEAKER. Pending the demand for the regular order, the PENSION APPROPRIATION BILL. Chair will lay before the House certain executive communications. · Mr. HANCOCK, from the Committee on Appropriations, reported a _ CLAIMS FOR INDIAN DEPREDATIONS. bill (H. R. 7676) making appropri'ttions for the payment of invalid The SPEAKER laid before the House a letter from the Secretary of and other pensions of the United States for the fiscal year ending June the Interior, transmitting, in compliance with law, an abstract of · 30~ 1886, and forotbe~ purposes; which was read a first and second fu.ne, I· claims on account of Indian depredations, presented to the Secretary of referred to the Committee of the Whole Honse on the state of the Umon, the Interior since February 20, 1884, together with the action taken and, with the a-ccompanying report, ordered to be printed. thereon and the evidence on which the same is based; which was re.: INTERSTATE COMMERCE. ferred to the Committee on Indian Affairs, and ordered to be printed. Several members called for the regular order. PRINTING AND BINDING CODIFIED LAND LAWS. · The SPEAKER. The regular order isdeinanded, and the House re­ The SPEAKER also laid before the House a letter from the Secretary sumes the consideration of the special order, the bill (H. R. 5461) to of the Treasury, asking an appropriation of $2,500 for printing, binding, c."'tablish a board of commissioners of interstate commerce and to ~egn­ a.nd distributing the codified land laws and history of the public domain late such commerce. The gentleman from California [Mr. GLASCOCK) of the United States; which was referred to the Committee on Appro­ is entitled to tbetloor. priations. Mr. GLASCOCK .. Mr. Speaker, in discussing a measure so fraught_ OFFICE OF THE SECOND AUDITOR. with moment to the great body of our industrial and commercial interests The SPEAKER also laid befqre the House a. letter from the Second it is necessary to examine its approaches with some degree of caution. Auditor, relative to additional accommodations required for his office, The railroad problem is not easy of access, much less of ready solution, and making an increase of $1,200 in the estimates for rent of buildings; to those-who have not been charged with a. close, constant, and practi­ which was referred to the Committee on Appropriations. cal study of its details. The many complexities that invest the latter­ day railway transportation existence,"tbe interdE>pendence of its many REPRINT OF A REPORT. parts, the delicate adjustment of its complicated machinery, its close On motion of Mr. HUNT, by unanimous consent, it was ordered that connection with trade, and the stimulating and diversifying influence the report from the Committee on American Ship-building and Ship­ that it exercises upon all forms of industry, commend its careful and owning Interests, accompanying House bill No. 4984, be reprinted for slcilled supervision to a power that may be used to destroy· when it the use of the House. should regulate. WITHDRAWAL OF PAPERS. We recognize in it a potential factor of civilization. lt binds a con­ At the requelit of Mr. OURY, by unanimous consent, ]eave ·was tinent and .practically annihilates spare in the diffusion of production. granteq to withdraw papers in the claim of William Christy from the It tunnels the mountain and tracks the desert. It furnishes an outlet files of the Honse, there being no adverse report. for the farm, the loom, and the forge. On the other hand, althou~h it­ PUBLIC BUILDING AT WACO, TEX. selfthecreatureoftrade, by combination itholds tradein an irongrasp, and where competition is wanting imposes its own terrru; upon pro­ Mr. MILLS. _Mr. Speaker, my colleague will, I hope, yield to me duction. for a moment to make a. request of the House to which I believe there Transportation depends upon_production for existence, as production can be no objection. depends upon it for profit. The connection between the two is so inti­ I desire to ask consent of the House to take from the Speaker's table mate that an injury inflicted upon one iB an injury to the other. This and put upon its passage Senate bill"No. 52, providmg for the erection is so manifest that one would suspect naught but the friendliest and - of a public building at Waco, Tex.; and I want to state to the House most obliging relations between the two. And such would be the case in this connection what will be remembered by all-if gentlemen will were the millennium come and selfishness eliminated from human trans­ recall the action taken in reference to this matter when it was under actions. But the shipper must have the highest profit on production, consideration-that this bill, or rather I should say another bill, a and the carrier will, where not prevented by competition or controlled House bill precisely similar and identical to it word for word, was con­ bylaw, assess traffic what it will bear. The constant warfare between sidered by the Committee of the Whole on·"tbe state of the Union and these two great conflicting interests has given rise to the agitation that recommended to the House for passage, and' is now upon the Speaker's bas result,ed in constitutional enactments in twenty-two States regu­ table, no action having been taken upon that recommendation by the lating the opemtions of the railway carrier within State limits and now House. I ask now that this Senate bill be taken up and passed. There demands Congressional legislation to regulate commerce between the has not been a bill of this character passed by this Congress; and gen­ States. tlemen will recognize the fact that there i.s great and pressing necessity -It is conceded that much of the evil formerly complained of has been for the passage of certain of these bills through the House witliout remedied. ~Iany sharp angles have been smoothed by the friction of delay. trade. Whether this bas happened, as intimated by the gentleman Mr. REAGAN. I shall beverymuchpleased togratifymycolleague from ~1assachusetts [Governor LoNG] through a realization on ibe part

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I~ J .1884. CONGRESSIONAL RECORD-HOUSE. 189

of the corporations that "the nearer the approach to fair and square which he must make a reasonable profit. This he is entitled to, and of dealing the better it pays in the long run," or through the sharp com­ this no reasonable man would deprive him. I .would be the last to petition that has sprnng in the carrying service· from improved -water counsel or sanction the divorcing of any man from the legitimate fruits ways and the rapid and enormous incrt>ase in population with the re­ of his industry. It is the illegitimate fruits of unchecked power that sultant increase in the area of production, it is immaterial for us to we object to, and furthermore to the power itself that enables ·capital .inquue. Thismightlead to a discussion of ethics and good morals which, by combining to pluck the fruits of others labor without let or hin­ although always in order, would at present be altogether unprofitable. derance from lawful authority. Suffice it that freight rates on the whole have decreased with us to When a carrier under corporate _authority invests his money in a such an extent that our freight is now ca\ried at a less rate pe:r ton per carrying plant he dons the livery of public service, becomes an agent mile than in. Belgium, France, and England; that our ra.tes have ihllen for the public, and renders himself amenable to public supervision and on the average, in a dec..'\de, from 2! cents per ton per mile to less than authority. His plant is his private property. He can give it away, a cent; tha.t in the diminution of rate for through traffic, sometimes at sell it, destroy it. It can not be taken from him except by the laws the expense of way traffic, the food product of the great West has found of eminent domain upon full compensation. paid. But so long as he Us way to the populous East and the mill product of the East bas turned uses it in the performance of the powers and privileges flowing from his to the West by rapid transit and at such cheapened rates that they are charter, his service is a public service apd he to that extent becomes a brought within easy reach of all consumers. . public servant, invested with the obligationS of full and fair ~ervice for But with the consideration of these )Hatters, while deserving of praise, an adeq·uate remuneration. we have nothing to do. The efforts of the committee were directed to Is the public to sit idly by and see its serv:mts confederating and com­ the formulation of certain rules that would in 3! general way meet the bining with the intent and obvious result of exempting themselves frOJll complaints made and at t\le same time allow"the carrier the fullest lib­ their proportionate-share of the burdens of service? But, say the erty of operation compatible with the protection of commerce. Unrea­ friends of the pool, unless the carriers are permitted to combine, com­ sonable charges, taking into consideration the cost of service and the petitive strife, cuts in rates, railroad wars, fluctuations in business, and advantages accruing to the shipper by 1·eason of increased facilities in unsettlement of securities will be the inevitable and disastrous result. rapid and safe sbi pmen t, unjust discriminations between con tern porane­ It might, and the contingency is to be deplored. But we cannotdo evil ous shippers, actual and possible broader combinations between carriers­ that good may come of it. We can not permit the power given by com­ by which competition is virtually destroyed and the power placed in bination to throttle production. Railroad wars occurred before the the hands of the carrier to unreasonably tax production-these are the divine intricacies of the pooling system were evolved from the mental questions that now claim the serious attention of this body. consciousness of the railroad expert,. They have occurred since the pool After much laltor of analysis-many, I trust, profitable weeks of dis­ has been in active operation, and the country still lives. They will cussion by the ablest railroad talent in the countrJ (whose arguments, occur so long as human cupidity backed by corporate soullessness holds printed by order of the committee, seem, judging from certain lines of the reins of the carrying power. There are no doubt many who consci­ reasoning adopted in the preceding part of this debate, to have found entiously believein the efficacy of the pool to cure the evils that so fre­ their way to the desks of others besides members of the committee on quently result from sharp competition. Buttbe'factis, in my humble the floor of this Hou:se)-after long and mature deliberation,. the_com­ judgment, no human power can prevent the precipitation of the con­ mittee rejected eighteen bills submitted to it and presented to the ditions just mentioned so long as avarice and selfishness dominate the House in lieu thereof the bill now under consideration. This bill, I commercial world. am happy to say, has found a champion. in at least one member of the Trade will find its level wherever carried on, and railway as other committee, who, while not claiming the paternity thereof, is yet will­ corporations must render obedience to the law that dominates it­ ing to be placed in the category of foster-tatber to this orphan without supply and demand. Railways spring from the necessities oftbe people, dotting a bib or crossing a tucker. and like all other pursuits so originated offer a fair field to the investor. In this diversity of opinipn the committee but reflected the/thought It is the effort to make them monopolies that proves baneful to the of the country at large upon this perplexing and fascinating question. _public and ruinous to the investor. The business that outrages the Granted certain evils, how can legislation be brought to bear upon public by its charges must give way to some other in which the investor them so as to cure without injury? How can we formulate a rule of is satisfied with smaller returns, or it must absorb the new enterprise, conduct for the carrier that will not prove harsh and iron-clad and will and this can be done only at a price above cost. Every new absorption not fail to meet the shifting demands of a varying trade? We are told must be.attended by increased fictitious capitalization to enable it to that if the Government lays its strong hand upon the carrying service meet and conquer the next competitor. Either the process of absorp- · trade will suffer. We learn among other things that a combination tion must continue or crushing must be resorted to. Either event is of competitors will n:ot prevent competition; that it is just and fair t~ disastrous to the business public and to investors. c~arge one shipper more than another for similar service, or, rather, to And right here lies the chief danger to be apprehended from this charge the same originally to both, and t}len by a secret rebate to one pooling system. The great pools are monopolies within their juris­ to create the inequality complained of. diction. If they are allowed to live and increase they will absorb or Noli me tangere is the motto of transportation, towhich might be justly crush their weaker rivals, and the result will be theinthrallment of in­ added the nemo m.e impune lacessit, of sharper and truer signifiCance. Is dustrial enterprise aud the establishment of a business oligarchy whic)l it right? Is it just that production· should be tied hand and foot and will hold despotic sway over land transportation and practically con­ handed over to the tender mercies of its great servant? Of course trol the waters of our country. This may seem visionary, but it is transportation is too astute to kill the industry that lays the golden within the limits of possibility. When we re~ect that forty great lines egg; but why should it complain when.the moderate though firm hand are pooled between Chicago and the Eastern seaboard, that the Missis­ of authority is laid upon its efforts to force nature by demanding of sippi Valley and the Southwtst are under pool, and that 'the West is in an already overburdened production that it honor its double, and often similar condition, it does not appear such a remote contingency_that ·treble, drafts for the golden product? some master hand may in the not distant future weave all these threads You who live in the East have not felt as we of the West the full into the warp and woof of a _great railway transportation personality, measure of this evil. Nature bas provided you with abundant water that will be a standing menace not only to the liberty of production ways. Inland seas and magnificent rivers are the natural .competitors but to the free institutions of our fair land. of the rail way. These water ways, furnishing a naturally cheaper means Considerable has been said in the course of this debate concerning of tmnsportation, control and fix the rates of carriage by Jand as well the English policy of railway amalgamations, and the impression-bas as on their own element Besides this, a growing and rcstlcsR people, been conveyed, whether designedly or not, that in England pooling is stimulated by example and eager to acquire wealth, ha\e dug costly recognized as lawful. Not so. On the contrary, whenever a pooling cana,Js and constructed other railways, until now the East is rife with contract has come before the courts it bas been declared void. The competition in the carrying service. The supply oftransporting agen­ common-law doctrine that all contracts between companies to pool cies is in excess of the local demand, and in consequence transporta­ their earnings and divide the profits on other than a natural basis are tion must stretch its arms to the boundless prairies and fertile valleys void has been steadily adhered to, and is still the rule. One citation of the West. will answer for a dozen. · There are two lines of rail way between Rugby There, however, the Conditions are changed. With a population and Shrewsbury. These roads as to competitive traffic entered into a sparse in proportion to territory, the inilway holds sway undisputed, pooling contract. This contract came before the courts in the case of save by rivals of its kind. We have no inland seas, no majestic rivers, the Shrewsbury and Birmingham Railroad Company 'I.'S. The North­ to dictate terms of transportation to these gentlemen. We have no canals western Railroad Company (4 De G.~ Macn., 134), and was held un­ except those used for purposes of irrigation-adjuncts to production, not lawJU.l, on the grounds that it provided for an alienation by one of these o~ transportation. 'When these rail way carriers combine, pool, confedet­ companies of a portion of its traffic to the other, and that it was against ate, as they can and now do, what mercy can production expect? The public policy. farmer must, to get ahead in tho world, ship his surplus product. Mr. Gladstone's a,ction in acting as an arbitrator to divide certain Neighborhood consumption is soon exhausted and with small returns. traffic from London among the roads, as evidence of the lawful estima­ If it be fed to live-stock, that in turn must be marketed. tion in which pooling-conh·acts are held in England, has been cited with In any event transportation must be had at any price above the cost approval. But the citation is at fault. His arbitration was upon the of the article shipped. True, the carrier must live. He bas a valua­ division of traffic rea{)hing a certain station, not upon a pooling con­ ble and costly property in which his money bas been invested and from tract which divides earnings. 190 CONGRESSIONAL RECORD-HOUSE. DECE~IDER 11'

Mr. Albert Fink, the great railroad authority, acknowledges the ille­ you can, and according to the measure of success in that direction will gality at common law of pooling contracts when he asks us "to legalize trade return to the channels of legitimate <:ompetition. • the management of railroad property under this plan and to abandon Let us recur to the illustration on this point used by the gentleman the an tiq ua.ted notion that a government or combination, as it is called, from Massachnsetts [Governor Lmw], namely, the inabili1~ · of the ofthiS kind is. against public poliey. " · American stave~maker to compete with his Norwegian brother in the In this country,· wher~ver pooling contracts have been submitted to 'English market by reason of the refusal of the carrit!r, enforced through judicial investigation they have been uniformly held void, as against the enactment of the Heagan substitute, 1o alJow a rebate on the charges public policy. Nota,bly the case of the M. R. H. Co. vs. Barclay Coal of transportation sufficient to meet the expense of the ocean carriage. Mining Co. (68 Pa. St. Rep., 173), the careful perusal of which is com­ I refer thus often to the remarks of my brother on the committee be­ mended to the gentleman from Pennsylvania (Ur. O'NEILL], and the cause they are always intensting. alwaysinstruetive, and nearly always famous case of the Atchh>on, Topeka and Santa Fe Railroa"1f Company correct. But in this instance he is at fault. His claim is that the enact­ ·pool with the Denver and Rio Umnue, by which the earnings of the ment of this section of the Reagan substitute woulu compel the railroad roads were to be divided and all trespassers upon their territory to refuse the rebate so necessary to the exportation of American staves, crushed. Theopinion was delivered by Judge Hallett, Judge McCrary and thus inure to the djsadvautage of American production. concurring, and declares that it is enou_gh to say that it is a conspiracy In the first place, the railroads are carrying the staves to New York to grasp commerce and to suppress the building of railroads in two for six-tenths of a cent per ton per mile. This we learn from l\lr. Fink is great States-, citing decisions from Pennsylvania, New York, and other very little above the actual cash cast of service. Very little additional States in support. · reduction would reduce the price of carriage to the cost of service. Is Railway corporations are formed as free and independententitiesfor the carrier to transport without compensation merely for the pleasure public service. How long would any legislative body tolerate a propo­ of seeing a foreign trade built up for a ~rtain American product? sition to petmit them to go into partnership? Yet the pro.,position in­ Does he hold the same financial views as the party who exi>ected to be­ volved in pooling is tantamount to such permission. The evil involved come wealthy by selling at cost price, simply from the enormous sales in a partnership of corporations is inherent in corporate combination tor he made? Or does he expect to assess on other shippers the amount the purpose of dividing earnings, to wit, the power to oppr~ by aggre­ that he has failed to charge this particular one? · gation of capital and to prevent fair ~nu free competition among bread­ In thL~ case competitive service does not enter inlo the problem. winners. Thus the common law has alwaysset its face against combi­ There are no natural advantages or disadvantages that would tend, by nation. An individual may set the price of his commodities at what decreasing or increasing the cost of service, to lower or raise the carry­ rate he pleases, but when two or more enter into a combination to raise ing price. It is a case of pure patriotism or pure favoritism, and from or lower the price of an article it becomes a conspiracy and is indict­ our knowledge of the fact that railroad men are human, very human. able. So men are allowed to join their 1ortunes under corporate law for we must incline to the latter view. · the transaction of legitimate business. But here the line must be Who gives to thecarrierstheright to say to one man or one product, drawn. It should not be extended to the union of corporate power and ''We will build yon up and exalt you above your neighbors, and your wealth. The results upon public business would be too far-reaching, enemies shall become a footstool under yonr feet?'' Who invested them and public policy calls a halt. It is manifestly in the interest of the with the power to determine'What American pr:oduct shall be exported Amedcan shipper that the pooling system should be abolished and the and what shall not? carriers left to compete for traffic under the recognized .and legitimate Besides, even under the committee bill how will the stave-exporter laws of trade. fare? No rebate, drawback, or other advantage can beextt>nded to him This power is prohibited by both t.he committee bill and the Reagan which is not granted to all others under similar circumstances. Suppose substitute; the committee bill, however, does not seem to feel folly as­ a hundred stave-makers live in the same vicinity. One coultl not enjoy sured of its position, for it commends the subject to the careful inves­ an ad vantage not possessed by all. The words '' under similar circum­ t,igation of the commission that it creates. · The main differences in the stances" are broad. Would not shingle or shake makers con1e in this bills lie in the questions of the short and long haul, the rebate and category? Must the'' similar circumstances'' apply only to shapers of drawback section, the posting of schedules, and the establishment of a wood? Would not iron and steel be included? In fi.ue, are not the commission clothed with inquisitorial and quasi-judicial powers. . words broad enough to cover all articles manufactured or grown and The second section of the Reagan substitute is as follows: susceptible, under the laws of supply and demand, of export? Wilen SEC. 2. That it shall be unlawful for any persOn or persons engaged in the this point is reached and all articles capable of exportation are brought transportation of property as aforesaid directly or indirectly to aJJow any rebate, within the sacred circle of this clause it is obvious that the stav~ drawback, or other advantage, in any form, upou shipments made or services maker will stand small show of competing with his Norwegian brother 1:endered as aforesaid by him or them. in the English markets. This omnibus clause carries us back virtually The third section of the committee bill adds to the section just cited to the letter of the Reagan substitute. Being surplusage, it should be the words "which under similar circumstances are not allowed to all . stricken out. other persons,'' thus allowing rebates anu drawbacks, but making them The full measure of the evil of this system is felt nowhere so keenly applicable, where circumstances are similar, to all alike. Gentlemen as in sections where little or no competition exists. There it holds im­ who have addressed you in support of the committee hill have depre­ perial sway. It builds up and tears down private business. It has its cated rebates, but have claimed that there are certain circumstances favorites to reward, its t!nemies to punish. It controls a host of spies under which rebates are not only j ustifiahle but are necessary to equal­ and informers. Its special contracts are systematized and graded. The ize and forward trade. . I have listened with attention to the argu­ books of your merchant are ~mbjected to examination and his private· ments use(l in this behalf, but am unable to subscribe to the doctrine affairs laid bare to prying eyes that his good faith with the carrier may there enunciated. be verified. Mr. Depew, in his argument before the committee, stated that the This power is too great to leave in the bands of tile carrier. It is se­ system of rebates and drawbacks was resorted to by " one railroad for cret, sly, and insidious. Its very secrecy-the fact that it works in the the protection of its customers.3.eo-ainst the attempt on the part of other dark and dreads the light-carries with it a warning of a danger too im-.) railroads competing with it from the same point to the same point, minent to pass unheeded. It should be met at once with the strong giving low mtes to their customers." And this refreshing declaration curb of the Reagan section. _ was made almost in the same breath with the statement that the effi­ The fourth section of the Reagan substitute provides that no more cacy or the pool now existing lay in its ability to prevent competitive shall be charge

situated. He has ready and cheap transportation at his door. The done more to bring our people into a common brotherhood than could railway carrier is he1·e thrown into. competi_tion with a rival whose otherwise have been effected. right of way and road-_bed h~ cost him n?thmg. H~ must of neces.- The fifth section of the Reagan substitute requires the posting of sity refuse to extend h1~ ~rn~e to ~hat pomt, or, havrng ~ exte1_1ded, schedules· by the carrier: must enter into competition w1th h1s cheaper and more eastly eqmpped SEc. 5. Th&t all persons engaged in carrying property-as proYided in the first rivaL This he can only do by putting his charges at a paying mini- :~:~~n ofthis a"ct shall adopt and keep posted up schedules which shall pl&inly mum. Who is injured? Certainly not the shipper at this point. He ""First. The different kinds and clasees of property to be carried. 1ms now two strin!!S to his bow, where formerly he had but one. Second. The different places between whlch such property ~hall be carried. The iutroductio~ of a new and more rapid competing service has, in Third. The rates of freight and prices of carriage between such places, and for all sen·iees connected with the receiving, delivery, loading, unloatlin~. l:ltoringl a11 probability, resulted in lowering the mtes by water. Who com- or handling the same. And the accountll for such service shall show what pan plains'! The shipper ~ho li~es a hun~ed mil.es inlan~, and w bon p to of the charged are for transportation, and what part are forloading, unloading, tJ1e time of the ex tenston of the carrym!Z semce to h1s door has been and other terminal facilities. ~ .Such t!Chedules may be changed from time to time as hereinafter provided. compelled, at un expense of say 10 cents per ton per mile, to rely upon Copies of such schedules shall be printed in plain, large type, at least the size .J. ox-tea.m transportation. Now by rail be ships at a. cost of2 cents per of ordinary pica, and sbo.ll be kept plainly posted for puulic inspection in at . . ton ner mile. Yet be is loud in denunciation of the outrage practiced Joost two places iu every depot where freights are received or delivered; and J.' • h. fr• d no SUch t!Chen. the skill of its handling and the might of its power it is the won- for it.· However lo:og and severe the battles may be, with the con­ der and admiration of the world. It hourly flies with more than the scionsness of contending for the right we should press forward unterri­ speed of the wind over its.120,000 miles of iron andsteel'track. It sets tied and unwearied. A correct ide-a having_once taken possession of 1884. CONGRESSIONAL RECORD-HOUSE. 1.93 public opinion will not disappear untilj.t is realized-until in this case Maris, I Horg., Law Tracts, 78, and has been accepted without objection ever since. Property does become clothed with a public interest when used in a manner to the Constitution becomes as regard8 the regulation of commerce among make it of public consequence and affect the community at large. When, there­ the States a living truth. · . fore, one devotes his l?roperty to a use in which the public has an int-erest, he, in So far as the bills pending are concerned, the bill of the committee effect, grants to the public an interest in that use; and must submit to be con­ trolled by the public for the common good t-o the extent of the interest he has and the substitute, I am now inclined to-the opinion that the bill of thus created. He may withdraw his grant by discontinuing the use, but so long the committee with all the provisions for a commission stricken out as he maintains the use he must submit to the control. would be the wisest step to take. It does not contain all that I think It is insist-ed, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with public interest, and that it ought to contain; but I am satisfied that it is better in this first step what is reasonable is a judicial and not a legislative question. that we do too little than that we do too much. I shall at the proper As has already been shown, the practice has been otherwise. In countries time mov-e to strike out all that part of the bill providing for a. commis­ where the common law prevails, it has been customary from time immemorial (or the Legislature t-o declare what shall be a reasonable compensation under sion, and ifthat motion fails I i!hall then support the substitute offered by such circumstances, or, perhaps more properly speaking, to fix a maximum be­ the distinguished gentleman from Texas Ll\fr. REAGAN]. Legislation yond which any charge made would be unreasonable. Undoubtedly, in mere on this subject should be cautious. We should proceed with the great­ private contracts, relating to matters in which the public has no interest, what is reasonable must be ascertained judicially. But this is because the Legislature est care and circumspection, and upon the. fullest attainable measure has no control over such a contract. of information. · So, too, in matters which do affect the public interest, and as to what legis­ The bill of the committee, as the .substitute does, seeks first to de­ lative control may be exercised, if there are no statutory regulations upon the subject, the conrt.s must determine what is reasonable. The controlling fact is clare certain rights, and also to declare certain things to be wrong. It the power to regulate at all. If that fact exists, the right to establish ~he maxi­ seeks to enforce those rights and to prohibit those wrongs. That is, per­ mum of charge as one of the means of regulation is implied. In fact, the com­ haps, as far as legislation ought to go. The railroads enjoy their privi­ mon-law rule which requires the charge to be reasonable is itself a regulation as to price. 'Vithout it the owner could make his rates at will, and compel the leges under franchises granted by the government with the sanction of public to yield to his terms or forego the use. . the sovereign people. Every living soul who owes allegiance to these But a mere common-law regulation of trade or business may be changed by governments, State and Federal, participated equally in those grants, statut-e. A person has no property, no vested interest, in any rule of the com­ mon law. That is only one of the forms of municipal law, and is more sacred and is entitled to equal benefits from the use of those franchises. than any other. Rights of property which have been created by the common When privatecitizens or private corporations accepted those grants and law can not be taken away without due process; but the law itself, as a rule of invested their money in the construction of railroad lines they accepterl. conduct, may be changed at the will or even at the whim of the legislature, un­ less prevented by constitutional limitations. Indeed, the great office of statutes all the conititions attaching t{) and connected with those grants expressed is to remedy defects in the common law as they are developed, and to adapt it in the charters and existing in thecommon law and constitutions, State t-o the changes of time and circumstance. To limit the rate of charge for serv­ and Federal. ices rendered in a public employment, or for the use of property in which the public has an interest, is only changing a regulation which existed before. It Among those existing common-law and constitutional rights was this: establishes no new principle in the law, butonlygivesanew effect to an old one. that every living soul who participated in those grants should share We know tha~ this is a power which may be a0used, but that is no argument equally and impartially their benefits. Anotherwastherightofpub­ against its exist-ence. For protection against abuses by legislatures the people lic control. It is a well-settled doctrine of the law that whoever in­ must resort to the polls, not to the courts. vests his money in any business affected with a public interest thereby It is clear, therefore, that the business of railroads, being "affected agrees to accept· public control and regulation of that business. No with a public interest," was from the beginning subject to the power principle of the law is more definitely settled. of the body-politic .to require them to conform to such regulations as The authorities are numerous, but I select one leading and control­ might be established by the proper authorities for the common good. ling case-:rtfunn vs. Illinois (94 U. S. Rep., 124, et seq.). - The non-user of a power is no evidence that U does not exist. Those In a most learned and exhaustive opinion delivered by Chief-Justke who obtained grants of charters for that purpose and invested their Waite the court say: private capital in the business entered upon it subject to this condi~on; When the people of the United Colonies separated from Great Britain they and if they did not wish to submit themselves to such interference, changed the form, but not the substance, of their government. They retained they should not have clothed the public with an interest in their con­ for the purposes of government all the powers of the British Parliament, and cerns. through their State .constitutions, or other forms of social compact, undertook to give practical effect to such as they deemed necessary for the common good and Among all the eminent counsel and railway officials who have ap­ the security of life and property. All U1e powers which they retained they com­ peared before the Commerce Committee on behalf of the railroad cor­ mitted to their respective States, unless in express terms or by implication re­ porations but one single one admitted t~e power or propriety of Con­ served to themselves. Subsequently, when it was found necessary to establish a national government for national purposes, a part of t-he powers of the States gressionallegislation to regulate interstate commerce. I refer to Hon. and of the people of th~ States was granted to the United States and tbe people ChaunceyM. Depew, ofNew York. Resaid: ofthe United States. Thisgrantoperated as a further limitation upon the powers of the States, so that now the governments of the States possess all the powers I do not think the representa-tives of railroads are disposed to object to the of the Parliament of England, except such as have been delegated to the United legitimate exercise of any power the United States may have in reference to. States or reserved by the people. The reservations by the people are shown in them. We recognize that there can not be an investment of $6,000,000,000, that the prohibitions of the Constitution. there can not be a business upon which every other business is in a measure When one becomes a member of society he necessarily parts with some rights dependent, without 1t being of the highest public moment to the people in the and privileges which as an individual not affected by his relaUons to others he State and national Legislatures. We would be denying one of the manifest n:.,.ht retain. "A body-politic," as aptly defined in the preamble to the con­ ·tmths lying at the bottom of all republican government if we stood up to resist stitution of Massachusetts," is a social compact,_by which the whole people cov­ a statement of that kind or a principle which covers questions so broad as these. enants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good." This does not. confer power This frank and sensible admission by this eminent and justly dis­ up<>n the whole people to control rights which are purely and exclusively pri­ tinguished lawyer and railroad official was especially gratifying in the vate (Thorpevs. R. and B. Railroad Company, 27Vt., 143), but it does authorize the midst of the wholesale and sweeping denial of the power on the part of establishment of laws requiring each citizen to so conduct himself and so use his own property as not unnecessarily to injure another. This is the very es­ Congr~s to deal with the subject at all, and reflects credit upon him. sence of government, and has found expression in t-he maxim, Si~ u.tere ilw ut Article 1, ·section 8, of the Constitution confers upon Congr~ the alienumnon wedas. From this sou1·ce come the police powers, which, as was said "power * * * to regulate commerce with foreign nations, and by 1\Ir. Chief-Justice Taney in the License Cases (5 How., 5&3) "are nothing more among the several States, and with the Indian tribes.'' Fortunately or less than the powers of government inherent in every sovereignty, >!= * * that is to say, * * * the power to govern men and things." no article of the Constitution has been more thoroughly adjudicated Under these powers the Government regulates the conduct of its citizens one and its meaning more definitely settled than this. I will not tax the toward anot-her, and the manner iu which each shall usehisownpropertywhen such regulation becomes necessary for the public good. In the:ir exercise it has patience of the House by a review of the long line of decisions constru­ been customary in England from time immemorial, and in this country from ing it and defining it8 true meaning, but will refer only to a few con­ its first colonization, to regulate ferries, common carriers, hackmen, bakers, trolling cases. "The Constitution of the United States and the laws millers, wharfingers, innkeepers, &c., and in so doing to fix a maximum of charge tQ be made for services rendered, accommodations furnished, and articlea made in pursuance thereof are the supreme law of the land.'' Chief-· sold. To this day statutes are to be found in many of the States upon some or Justice Waite, delivering the opinion of the ~urt in Pensacola Tele­ . all these subjects; and we think it has never yet been successfully contended graph Company vs. Western Union Telegraph Company (96 U.S. Rep., that such legislation came within any of the constitutional prohibitions against interferen<.'.e with private property. 9), said- . With the fifth amendment in force, Congress, in 1820, conferred power upon A law of Congress made in pursuance of the Constitution suspends or over- the city of Washington "to regulate * * * the rates of wharfage at private rides all State statutes with which it is in conflict. r wharves, * * * the sweeping of chimneys, and to fix the rates of fees therefor, Since the case of Gibbons vs. Ogden (9 Wheat., 1) it has never been doubt-ed * * * and the weight and quality of bread" (3 Stat. . , 587, sec. 7); and, in 18-JS, that commercial intercourse is an element of commerce which comes within the "to make all necei!Sary regulations respecting hackney caniages and the rates regulating power of Congress. Post-offices and post-roads are established to of fare of the same, and the rates of hauling by cartmen, wagoners, carmen, and facilitate the transmission of intelligence. Both commerce and the postal serv­ draymen, and the rates of commission of auctioneers" (9 Id., 2-1, sec. 2). ice are pla<.'ed within the power of Congress, because, being national ~n their From this it is apparent that, down to the time of the adoption of the four­ operation, they should be under the protecting care of the National Govern- teenth amendment, it was not supposed that statutes regulating the use, or even ment. . the price of the use, of private property necessarily deprived an owner of his The powers thus granted are not confined to the instrumentalities of com­ property without due process of law. Under some ci1·curnstances tMy may, but merce or the postal service known or in use when the Constitution was adopted; not under all. The amendment does not chan~e the law in this particular; it but they keep pace with the progress of the country and adapt themselves to simply prevents the States from doing that which will operate as such a depri- the new developments of time and circumstances. They extend from the horse vahlon. • with l1is rider to the stage-coach, from the sailing vessel to the steamboat, from This brings us to inquire as to the principles upon which this power of regula-­ the coach and the steamboat to the railroad, and from the railroad to the tele­ tion rests, in order that we may determine what is within and wh.at is without its graph, as these new agencies are successively brought into use to meet the de­ operative effect. Looking, then, to the common law, from whence came the right mands of increasing population and wealth. They were intended. for the gov­ which the Constitution orotects. we find that when private property is "affect-ed ernment of the business to which they relate- at all times and under all circum­ with a public interest it ceases to bejttris privati only." Thi.~ was said by Lord stances. As they were intrusted to the General Government for the good of the Chief-Justice Hale more than two hundred years ago in his treatise De Portihus nat-ion, it is not only the right but the duty of Congress to see to it that inter- XVI-13 194 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11'

course among the States and the transmission of intelligence are not obstructed violations of the law, and requiring United States marshals and their or unnecessarily encumbered by State legislation. deputies and subordinates to prosecute all violations which come to * . * * * * * * The Government of the United States, within the scope of its powers, operates their notice or knowledge. upon every _foot ofterritory under its jll!isdiction. It ~egislate~ for the whole This action of Congress has been universally acquiesced in and ac­ nation and 1s not embarrassed by State hnes. Its pecuharduty 1s to protect one cepted without protest by the States and by State corporations as within part of the country from encroachments by another upon the national right-s which belong to all. the scope of its powers. No State corporation can properly object to the exercise of such powers by Congress, as their ch.'lJ'tera were origi· This would seem to be a complete answer and refutation of the vari­ nally granted and accepted with a full know ledge that when their roads 'Ous points of objection taken bythe opponents not only of the pending should be connected with those of other States, and continuous lines ;measure, but of any legislation whatever looking to the regulation of formed extending through more than one State, such lines would be­ interstate commerce, so far as the power and jurisdiction of Congress are come channels for interstate commerce, and would thereby be subject bOncerned. It may be here remarked that there are two distinct classes to such.commercial regulations as Congress in its wisdom should from -of service performed by railways. time to time prescribe. First. The transportation of interstate traffic, that which originat~ The bill of the committee, the first pa~ of it :1,11d the substitute, in one State or Territory and is transported into or through one or more declare that equal facilities shall be granted to all as nearly as may other States or Territories. Over this class of traffic Congress has abso­ be in shipping and traveling privileges. That is right; and if it is righli lute control under the powers delegated by the Constitution "to regu­ it ought to be enforced. Each of these bills declares that discrimina­ late commerce with foreign nations and among the several States," as tions between individuals ·and places in the transaction of the business ..shown by the case already quoted. _of the railroads is wrong; and if it is wrong, it ought to be prohibited. Second. The transportation of State or domestic traffic, that which The bill assumes that rebates are only the means of concealing -originates and is confined within the territorial limits of the State. undue discrimination, and for that reason should be prohibited. If ()ver this class of businesa the State governments have exclusive juris- that assumption be true, rebates ought to be prohibited. The bills diction and control. ' assume that the pool is organized as a means of preventing competi­ The meaning of the word '' ~ommerce '' has been judicially defined tion and will be made the means of undue discrimination, and there­ by Chief-Justice Marshall in Gibbons VB. Ogden (9 Wheat., 188, 189): fore shall be prohibited. If that be true, it ought to be prohibited. ' The subject to be regulated is commerce, and our Constitution being, as was The pool, it is assumed and perhaps it is true, has grown and developed :aptly said at the bar, one of enumeration and not of definition, tQ ascertain the extent of the power it becomes necessary to settle the meaning of the word. out of the fa-ct that the Government hvs itself never exercised the con­ * * * Commerce undoubtedly is traffic, but it is somethi~g more; it is inter­ stitutional power of regulating commerce; and in the absence of that course. It describes the commercial intercourse between nations and parts of regulation, which the Constitution enjoins upon Congress, the pool haa nations in all its branches. * * * Commerce, as the word is used in the Con­ -stitution, is a. unit, every part of which is indicated by the term. arisen. Somewhat like a great smr-chamber court, it has been consti­ tuted by the consent and agreement of the gre..'\t railroad potentates of In a more 1·ecent case of the Philadelphia and R.eading R.ailroad vB. this country; and in that court the people have no representative and Pennsylvania, December term, 1872, the Supreme Court says: they have no day. I am not of the c1'lSS of people who believe that the Beyond all question the transportation of freights or of the subjects of com­ railroad managers of this country are criminals or bad men. I do not merce for the purposes of exchange or sale is a constituent of commerce itself. This has never been doubted, and probably the transportation of articles of believe that. trade from one Srate to nnother was the prominent idea in the Iilinds of the In many cases railroad corporations have yielded to the temptations, framers of the Constitution, when to Congress was committed the power to that men always yield to on opportunity, to aggrandize themselves regulate commerce among the several States. with too much power and an undue measure of wealth, perhaps, if they In construing the words "power to regulate," Chief-Justice Mar·· are not restrained. But all must confess that the ablest minds and shall, in the Gibbons vs. Ogden case, says: many of the best men of this country have become interested in the · This power, like all others vested in Congress, is complete in itself, may be development of the grand railroad system of this conntry and have ~xercised to its utmost extent, and acknowledges no limitations other than are linked their names to immortality. I object to the commission because provided in the Constitution. I think it will prove a failure; it will not answer the purposes which Congress has already exercised this power to regulate interstate rail­ the friends of the commission hope it will answer; and it is unnecessary. ways. On Jun.e 1G, 1 66, the following act was passed, as is claimed, I believe that the correct principle in government was asserted when at the instanceofrailwaycompanies (see Revised Statutes of the United the courts, State and national, were ordained and created to enforce States, section 5258) : rights and to prohibit wrong. I believe that whatever rights they are Every railroad company .n the Uuited States whose read 1s operated by Bteam, incapable of enforcing will fuil, and whatever wronga they are incapa­ its successor3and a,,signs, is hereby authorized to c:: rry upo::t and over its road, ble of prohibiting will go unprevented and unrestrained. boats, bridgca, and ferries all pa~se · ·gers, troops, Government supplie.. , mails, freight, and property, on their wo.y from any State to another State, and tore These courts have been ordained by the people as one of the co-ordi­ cdve compenEation therefor, and to connect with roads of other States, so as t<> nate bran<:hes of the Government. To them haY~ been committed the form continuous rnes for the tnnsportation of the same to the pln.ce ofde ~ tioa­ great powers of judgment upon all law that we enact. To their keep­ tion. * * * And Congress m ay at any time alter, amend, or repeal this seo­ tioo. ing are committed the hopes, fortunes, lives, and liberties of the people and the integrity of ourlaws. If weh:we come nponatimewhenany Again, on March 3, 1873, the following act was passed (see Re·vised law that we enact declaring rights and prohibiting wrongs can not be S.tatutes, section 4386): administered through their agency, then indeed have we reached the No railroad company within the United States whose road forms any part of a line of road over which cattle, sheep, swine, or other animals are conveyed from beginning of the end of free government. If the day has or shall ever one State to a.nothe1·, or the ownel'Sor mastersofsteam,sailing, or other vessel.! come in our country's history when the foul waters of political corrup­ carrying or transporting cattle, sheep, swine, or other animals from one State tion shall rise high enough to touch and pollute the judicial ermine·and to another, shall confine the same in cars, boats, or vessels of any description for a longer period than twenty-eight consecutive hours without unloading the so corrupt all the fountains ofjustice, then, I t·epeat, the end will be at sarue for rest, water, and feeding for a. period of at least five consecutive hours, hand and free government a demonstrated failure. &c. The commission provided for in the bill is not clothed with judicial The same law provides that the animals so unloaded from cars ''shall powers. As stated by the gentleman from California who has just left be properly fed and watered during such rests" by the railroad com­ the floor [Mr. GLAscocK], it is not clothed with the powers conferred pany, in case the owner or person in charge shall fail to do so. Any upon the English commission; for that commission can investigate, it failure to comply with the provisions of this law renders the company can restrain, it can enjoin, it can render advice. But my objection to liable to a penalty of from one hundred to five hundred dollars :fine, the English commission is that it is placed between the citizen and and section 4389, Revised Statutes, provides that" it shall be the duty the court. Its opinion, its advice must be had upon the legalicy, the of all United Sta.tes marshals, their deputies and subordinates, to prose­ right and the wrong of any act complained of, before suit can be insti­ cute all violations which come to their notice or knowledge." tuted in the English court to enforce the right, prohibit the wrong, or It a.ppears, therefore, that Congress has full and ample power under recover damages for mischief done. I will never give my consent in the Constitution to regulate interstate railway compahies, that this this country to place any body of men, any commission, between the power has been judicially confirmed and clearly defined by the United suitor and the court in which his rights are to be adjudicated. No States- Supreme Court. It also appears that Congress has already ex­ man, no set of men, shall ever, with my consent, stand between the . ercised such power to the extent of granting permission to railway citizen and justice, and hold the power to say whether his rights shall companies chartered by State governments to transport passengers and be adjudicated or not. Let no petty autncrat stand between the citi­ property "on their way from any one State to another State," to "re­ zen ·and justice. ceive compensation therefor,'' to ''connect with roads of other States This commission· does not stand in this case entirely between the so as toformcontinuouslines," and has reserved to itselfthe right "to citizen suitor and the court, hut it performs a sort of advisory function. alter, amend, or repeal" the law giving such permission. It will fail, as such commi~ons have failed in all other countries. We Congress has further exercised such power by fixing the length of had better draw some .t:SSOns of wisdom from the experience of other time that live-stock shall be kept in cars without unloading, and the governments in this respect. In Prussia, where legal eontrol of railroad length of time such freight shall stop for rest, feed, and water, by re­ management has been pushed to further development than in any other quiring railway companies to properly feed and water such stock in country, the commission business has entirely failed. I will read to case the owner shall neglect or refuse to do so, by fixing penalties for the House a speech delivered by the German chancellor, Bismarck, upon

. .1884. CONGRESSIONAL RECORD-HOUSE . 195

the result of what was really a railroad commission in Prussia. This was to connect the eastern and western parts of the monarchy by s_tate rail ways. It was during the first reading of the bill that Lasker made hlS memorable speech was delivered in 1876 in the Prussian Parliament. He says: speech of .January 14,1873. He asserted boldly that in matters of con~ssion The imperial constitution attributes to the empire the d~ty of a gene~l su~r­ the point chiefly considered by the minister of commerce Count Itzenphtz, ~as vision over a.llGerma.n railways, a. certain controlovertar1ffs, &c. An1mper1al not .the interests of the neople and the state, but person~ fav~r or persona~ Ill­ railway office has been called into existence with the view of ro.rrying out the will; that Dr. Strousbe'rg, e. g., was ah~ays g_ra:nted the des1red concesswn_; provisions of the constitution. · that concessions had been granted to a. h1gh otliClal and to members of promi­ nent families, who from the outset had no intention of building railways; that Just as we propose to do in this case. these parties had derived profit by trading with the concessions (so-rolled n­ The* rights of the* ·empire *are theoretical;* those *of Prussia* are backed* by a cessions in order that it may be seen (a) whether and m how far the ex1stmg strong railway net, the influence of which is felt in all Germany. laws and the rules of administration are fitted to secure the fulfillment of the intentions of government in granting the conce~ions and. t~ protee;t th~ public And this notwithstanding the existence of a commission. against deceits and damages; (b) what changes m the ex1s~ng leg1slat1on.and As imperial chancellor, it is my duty to contend against this state of affairs, administration are necessary to put a stop to the abuses whiCh have crept m. t() see that all parts of the constitution, even the railway articles, become The commission of investigation held fifty-six sittings; the report was con­ tained in three different manuscripts, embracing ¥>gether 1,000 large quarto r~itle;, !o ,!ight against the development of Prussia at the cost of the em- pages. The official documents of the ministry of commerce were _examined p~~ have in Germany I believe, sixty-three railway provinces-that is saying carefully, numberless witness~ were. hear~, railway experts quest~o~ed, &c. perhaps too littl~, t~ey ~re mo.re independent than p_rovinces; I should rather The ability and thoroughness With which thJS so-called !Asker commlBSion con­ say rail way territories-of which forty perhaps are m Prussm. Each one of ducted the investigation have gained for it celebrity. The most noteworthy these sovereign territories is fully provided willi the feudal rights of the Dark parts of the summing up of the repo;t are a!' fo1lows: . Ages, the right of staple, the right of levying tol.U! and ta~es on comm~rce for "An exclusive system of state railways IS not at present realizable, but eco­ the benefit of its own private purse; yes, even With the r1ght of carrymg on nomic considerations favor such a. system as the final goal to be striven for." _tra~c feuds and railway wars, as suits .its _good ple~;~.Sure, like the old feudallo~. " Rail ways are public highways, means offavoring •. resembling in essen?C .We see to-day railway directors wagmg battles, not for the benefit of the rail­ and purpose other highway_s. T!=te ouly means of JUSt~fyJ~g the g~vernment m ways or shareholders but as a sort of noble sport. This condition of affairs relinquishing rail ways to private mdllStryand speculation lS the strmgent ~an­ does not correspond t~ the idea.l of the imperial consti.tu~ion. ~ve!l ?russia cial necessity of the time." "It appears desirable to transfer to the empue a bas not a railway power strong enough to carry out thlS Ideal Withm 1~ own controlling power over all German railway~." _ boundaries. Now I am not the advocate of the ownership of railroads by the State Now he was advocating the ownership and control of all railways in or by the General Government. I have read that to show the failure, the ae;man Empire, that control to be vested in the imperial govern­ the ntter failure, of a railway cOmmission which was raised to the dig­ ment, and not subdivided, as he found it, among the states. He says: nity of a department of the government in Prussia. I think the state should have its own line between all principal points. * * * I digressed to read that from what I was about to say in reference to I do not regard financial competition as the raison d'etre of railways. It were the pool This bill prohibits pooling. Various accounts have been foolish to say the state sho~ derive no ~nn.n.cial benefit from this proP,Crty. The profits whichstatesdenve from their railways are really a tax which they given of the pool by the railroad people, and all lead to the one gen­ impose npon the circulation of goods. This taxation should not be oppressive, eral conclnsion, that the object of the pool is to maintain rates. _ All nnd should be financially just. But profits, as I have said, are not the raison d'etreofrailways. - · wise statesmen will agree that the best, the wisest, and the most wholo­ some regulator of commerce is healthy competition. Belie~g in that Now, Mr. Speaker, there was the experience of Prussia with a railroad principle I have always been an advocate of the broadest and most com­ commission. It was not called a commission; it was a great railroad prehensi;e system of the improvement of our water ways in order t~at office, such as we propose to construct here. This commission provided they might compete with the railroads; for upon the water way, whic~ for in this bill is clothed with powers to hear complaints on notice, is­ is free to all and belongs to the Government, al1 men may run therr sue process, have it served, bring parties to complaints before the com­ boats in competition with eacb. other and all the boats run in competi­ miSsion-one single commission located here in Washington-take tes­ tion with the railroads. All the evidence t..'\ken, all the evidence given timony, have affidavits and depositions taken and brought here; and it by the railroad experts, ~es u~on the one single _propositioD. tha~ the. is thought that through the agency of that one ~gle tribunal located great competitor of the railroads ill the transportatiOn of heavy fre1~hts in Waahington city all the rights of every little insignificant and every in the water way. They harp upon that snbJect. They protest against great and significant suitor may be adjusted, all their wrongs remedied, the regulation and control by law of the railroad system unless the all their rights enforced, nnd all their damages ascertained and ad­ some fetters are put upon the water ways; and there is much force &nd justed. logic in the argument. But it has never been thought necessary to do Does any one believe that? It is clothed with all the powers of the it because the competition of the different .kinds of vessels upon the courts ;vhich has been found necessary to distribute aU over this broad w'ater ways brings everything down t() the desired basis. land; and we go on constantly designating new places for holding But to the pool. Here is what Dr. Ely says about the pool. He courts to suit theconvenienceofthepeople. Establish that great com­ does not speak ofitas a. "pool," but as a species of railroad management. mission, locate it here in Washington, leave the people dependent on it It is the nursery ont of which the pool came: for justice, and it will amount absolutely and substantially to a denial In Germany the traftlc is usno.lly divided among the different companies, and of justice, for scarcely any will ever be heard, and it will dwindle at in such n. nutnner that the bulk of it passes over one road one month and another last to the condition of the Prussian commission. the second. In his celebrated work, Englische Eisenbo.hn-Politik, Dr. (!ohn The wise thing to do, Mr. Speaker, is to declare what is right and en­ has shown that in England a new rail way between places already proVIded with one results almost inevitab}y in an understanding between the companies force it; declare what is wrong and prohibit it. And it matters little and a rise in the tariff. what the measure ofpnnishmentis for wrong, it is the certainty rather That is the pool; that is its effectr-a rise in rates. Where a new road than the measure of penalty that proves effective in the prohibition is built between the same points that should be a competing road. It of wrong. is pooled, and the rates are raised enough to give t~at 11:ew road an Dr. Ely says all those governments in Europe have ended with the earning equal to the average·of the roads already combmed ill the pool. ovmership of railroads by the state, and that they are still gathering Does not that suppress competition On that principle the more rail­ up l-.aking control of, and owning the railroads. In some of the st-ates, roads we have the higher rates must go to maintain them. in ~ostof them in fact, they do not own all the railroads, but they own enough to maintain and foster that wholesome competition out of which The end of railway compP-tition­ the people find protection and large benefit. Dr. Ely says- The pool is objected to, and I find in this admirable article, written is railway monopoly- by Dr. Ely, fellow of Columbia College, in New York, who was for some That is the doctrine of the pool- . years engaged in special studies in the operations of political economy and this is urged as a ground for state ownership of the railroads there. as applied to the internal administration of Germany-! find here what There, I take it, is the nursery out of which ca~e the pool. · That is perhaps the origin or nursery out of which came the pool. principle has been transplanted fro~ Eu;ope to this country, and the But before proceeding further as to the pooH will read from Dr. Ely's pool is formed here, they sAy, to mamtain rates. If they would add article a further evidence of the failme of commissions or department "and to destroy competition" they would· have told the whole story management of railroads: and all"the truth. Now, ifthatbethetruth about the pool, and glazed In the Prussian Parliament, Dr. Lasker entered the lists~ favor of -state rail­ over and enameled and sugar-coated as the account of it is as given by ways, and combated so vigoro11Sly and successfully for his cause that the part he then took in the contest wilt always form a noteworthy epoch in the devel­ the railroad officials and experts, there is the naked bitter that is in opment of German rail ways. He began by making serious charges against gov­ the pool as we have it in this country. That is the truth of it. It is ernment, in particular against the minister of commerce, in matters of railway organized for that purpose, so that inevitably the dnty devolves upon concessions. Early in the session the government demanded of the Parliament a credit of 360,000 000 marks; 150,000,000 for a road from Berlin to Wetzla.r_ the the General Government to assume and exercise that power conferred remainder for other .railway undertakings, for rolling-stock, &c. The object upon Congress. in the Constitution of regulating commerce. The non- " .

196 CONGRESSIONAL RECORD- HOUSE. DEOEl\ffiER 11'

nse of that power is no evidence that it does not exist. It has lain dor­ tracks. When this capital is completely amortized in case of any railway track the receipts deriv~dfrom_saidrailway t~ shall n_ot_exceed the sum necessary mant for a. long time. :Railroad officials have apparently reached the to keep the same 1!-1 rep!l'Ir and the cost of 1ts admimstration ; that is, that rail­ conclusion that with their charters granting them the privilege to op­ way tr!l-ck wo~d, m th1s case, ~ecome government property and be a.dminis­ erate railroads t.hey have conveyed to them as a part of the charter the teredJik:e a. h1~hway, from which the government raises sufficient toll to pay for keeping it m r~pa!r and to !Deet the expenses of administration. right, the power, to regulate commerce. In theabsenceofthe exercise e42. At the exp1rat10n of thirty years after the opening of any railway the of that power by Congress-which seems up to this time to have abso­ state bas ~he right of purchasing it. In case the government and the r.1ilwu.y lutely abdicated and surrendered it to the great associations of wealth ~n co,me to no other voluntary agreement, the company receives twenty-five tunes the average yea_rly ~mount ?f dividends during the last five years. operating the vast railroad system of t!tis country, the roads having e44. Before the e:xptratlOn of thtrty years after the opening of a railway no formed the pool-they fo;med their combinations, and they are regu­ concession may be granted to a. l?arallel line. lating commerce to suit themselves. This paragraph was rep~aled ~~ 1867 by ar~icle ;U of the constitution of the North German Confederation. Finally the right IS reserved of enacting such We have been told in argument before the committee by the cou.D.sel further laws as experience shall show t<> be necessary. of the railroads, who attempt to confuse this question, that the Govern­ ment has no power, that the States which granted the charters have all ~e pending measure, it will be.seen, ~ails far short of the stringent the power over the subject. When they come before the State Legis­ requrrement.s of the Jaws of those countnes. It is unfortunate that a wh?leso~e and wise and uniform system of regulation of commerce had latures they tell them that the States have no power, that all the power I is vested in the General Government; that their roads, though con­ not been maugurated and perfected as our railroad system pro!rressed structed under State charters, have gone to the boundary lines of States, and developed. In the absence of any such public regulation the mil­ where they are connected with other roads which run through other road managers have become accustomed to the exercise of unrestrained States, and are, therefore, interstate railroads. So here they are State power, and many of them have seriously thought the power to rern­ railroads; there they are interstate railroads. They make of them a sort late commerce generally was to be claimed and reckoned as amgng of jointed snake. It is an entire snake so long as the Government d'oes their charter rights, and they naturally feel shocked at any effort to not touch it, but when the hand of the Government is stretched out interpose public control. · and touches them they go to pieces, and then they are State railroads; They -~ust und~rstand that the State or Government, as the case may but when the States go after them, then they reunite and become inter­ be, establishes a I?ghway not for the ~nrposeofbenefi.ting a corporation, state railroads.- It is almost a game of thimble-rig. [Laughter.] . but to serve the mterests ~n~ convernence of the people, and its enjoy­ We have been repeatedly told by the distinguished counsel and mil­ ment must be open to all on JUSt .and equal terms, and the State must road officials. who have appeared before 11he committee that we are at­ and does have powers to secure these results. tempting something newunderthesun; thatallonrefforts.have prvved The corporation is used as an instrum~nt of State service merely as a I and will prove failures, as they have in all other civilized countries· and convenie~t way of carrying out a_ public object. This is the·great and tha~ the best intellects of all civilized nations have grappled with this sole public good, for the accomplishment of which all other powers are subJect, but they have not thus far succeeded in accomplishing thede­ given and duties imposed. sired end. The ''desired end'' aimed at here has been in the main This is a :people's ~overfl:illent. They are our soverejgn, and for them a{Jcomplished by legislation in almost every civilized country in the and for the1r protection this Government was ordained and for them it world except this, and we are now struggling to do only part of what must be administered in accordance with the Constitu'tion. To those they have long ago accomplished. . ~ho love t~eir country and who have faith in humanity and who de­ I find the following interesting statement of the laws of Prussia and siTe that this Government shall be the scene of the progressive happi­ other Europea~ states regulating railroad traffic . and transportation, ness of the many rather than an arena of combat of the strong against and of the pohcy of those governments, in Dr. Ely's report, before re­ the weak, where the few only can attain demoralizing and excessive ferred to: wealth and unstable pleasures at the expense of their brothers the path of duty is plain and unmistakable. ' - Between the 21st of August and the 13th of November, 1837 concessions were 1\Ir. WOODWARD. No one, I believe, Mr. Speaker, denies the grante~fo! foursh?.rtrailways, namely, theBerlinandPotsda'm, the Magdeburg and LeipZig, t.J:te Dusseldorf and Elberfeld, and a. part ofthe Rhenish Railway. power of Congress to legislate upon this subject. If there are any who Jn the followmg year, when only one of the above-mentioned railways (the deny the_ necess_ity for such legislation they are sufficiently answered by Berlin and Potsdam, 26.4 kHometers) was finished, the celebrated law of Novem­ the public sentiment of the country, by the legislation of many of our be_r 3, 1838, was enacted. This law, which is still valid, except in so far as cer­ tam parts have been rendered of no effect by subsequent legislation formed the greatest. State;:;, and by the nun;tber of. bills introduced into Congress basis of l;l-llla~r Prussian railway laws, and is in many respects a ~odel. upon th1s subJect. These premises berng granted, it seems to me un­ Its roam pomts are as follows: necessary to take up the time of the House in denunciations of rail­ ee 1 t~ 5. E;v~ry coinpany having the inten~ion of building a. railway must ap­ ply to the mm1stry of commerce for a. concession. The application must con tam roads and passionate invectives which throw no light on the question an exact stat~ment of the principal points through which the road is to pass before us. and of the capital stock to be divided into shares. It must be accompanied by~ The duty ofthe Honse is to considersoberlythevariouspropositions plan of the road, stating clearly the manner ln which the road is to be built the materials t-o be used, the wagons, coaches, locomotives to be employed &c: before us and select from them all that which is safe judicious and If no objections on the score of safety, public interest, &c., are found' against most _effi~ie~t to correct the evils of which the country'complains: the plan after it has been carefully exammed, the concession is granted and a Th1s, SIT, IS no easy task. As a rule, those who are loudest in their time is fixed within which it .must be shown that shares have been tak.e~ to the full amotmt of the capital stock, and the shareholders have met and framed the clamors against the railroads are found least able to master it. The statutes of the company. The statutes are not valid unless approved of by the gentleman from Kansas [1\ir. ANDERSON], who addressed the House on government. All those who subscribe for shares are unconditionally respon­ T!"mrs.day, and permitted ~mself to use language implying suspicion in sible for 40 per cent. of the full amount. If afterward the regular payments for the rem~ining ~per cent. cease, the company has the choice either t-o prose. ~s mmd that the co:m:m~tee had allowed some railroad attorney to .to cute the .subscribers and force them fulfill their obligations or to release d!-ctate the form of t~eiT bill1 undert<>?k to wrestle with this problem them frof!l the same under loss of the 40 per cent. already paid in. No share srngle-handed. At the openmg of this Congress he in~roduced a bill may be given out before the full nominal value for which it reads has been paid. e6. Additional shares may not be emitted without the consent of the govern­ disposing of the whole subject in two short sections so wonderfully con­ ment. No loa? may be <;<>ntracted _without the approval of_ the ministry of cise and comprehensive that I will ask the Clerk to read the bill or I - C?nu;nerce, wh1ch has the nght to obl!ge the company to establish a satisfactory will read it myself: · ' sinkmg fund for the payment of cap1tal and interest. e8. The company has the right of expropriating such property as is necessary A bill to prevent unjust discriminations by raikoad companies and subjecting to re?-der the road ~pal?le of fulfilling its functi~ns as a public highway. them t<> the control of the States under certain circumstances; ThiS paragraph xs of nnportance (1) because It establishes the character of Be if ~m;acted by the Senate and House of Representatives of the Unil.ed. States of railways as ~~ntially public and not private undertakings; (2) because it justi­ Amenca--tn Oo-ngress a-ssembled, That in all cases wherein any railroad or railway fies e:xproprmt10n orily. upon grounds of public welfare. company has received grants of lands of the United States or of the bonds of i! 24. The company is obliged to keeptheroad and all appurtenances in a con­ the Government of the United States, to aid in the construction of anY: such dition which insures, as far as possible, safety in the transport- of goods and railroad or railway thewholeorany part of which runs into or through an )'State passengers. or Territory of the United States, such railroad or railway shall be subject to and . e25. The COmpany is responsible for all damage to persons and goods unless controlled by the laws" of the State or Territory into or through which such rail· It can prove that the damage was in no wise the fault of the company. The road or railway may run. weig~t of proof, it ~1 be ~bserved, lies with the company. The dangers nec­ SEC. 2. That all legislation of any State or Territory of the United States and essarily conn~ct~d Wit~ railways do not free the company from this obligation. regula~ions duly auth~rized and ma~e-in pursu. ance of such legislation, shli.U be . ~ 26. The rmlwa;v t-ariff ~ust be made known to the government and pub­ operative upo_n all ratlroads and nulways running into or through any such liShed. Changes m the tariff are not allowed to bo made without notifying the ~ta~e or Terntory, or such _part of such railroads or railways as are within the gove_rnment and th~ public. In cas~ the change increases the rates, it must be hm1ts of such State or Territory, and any such law or regulation made in pur­ pubhshed at lea t s1x weeks before It comes into effect. All parties are to be suance thereof, pres~ribing rates of charges by any such railroads or railwaylt treated alike without partiality. for the transportation of passengers, merchandise, or live-stock over any such ~ '1:7. :rhe minister of. commerce has the right to allow a second company to use railroads or railways, shall be effective and operative as to all shipments and any railway track which has been open three -xears. For this use the se('()nd transportation charges, whether such shipments originate and termmate within company must indemnify the first. This provision, which it was thought would the limits of such State or Territory or originate in one State or Territory and effectually protect the pnb~c against railway monopolies, has, for obvious terminate in another; and such legislation or regulations shall extend to all reasons, never proved practical. • · shipments of merchandise and live-stock which directly affect the people of the i! 33. When the profits of any railway exceed 10 per cent. of the car>ita.l in­ State or Territory where such legislat.ion exists. vested the passenger and goods tariff must be reduced until the annual profits are no longer in excess of lOper cent. 'The firstofthese sections, sir, is entirelyinopemtive, because at law ~ 36 ~ Railways are obliged to carry all postalsendings and to transport postal wao-ons free of charge. now the fact that a railroad has been aided by the bounty of the Gene­ ~~ t<> 40. All rai~ways mus~ pay a tax in proportion to their receiptB. The ral Government does not withdraw it from the j nrisdiction of tpe States state 1s to use the mcome denved from this tax (1) as indemnification for the through which it passes. The second section proposes to confer upon loss of the government occasioned by the railways-the government had for­ rnerl.Y a monopoly of the_tra?sportofpassengers in connection with the postal States a jurisdiction which Congress alone can exercise; to extend the sel'Vlce; {2) for the amortiZation of the capital employed in building the railway operation of t.he laws of one State into the territory of other States, an.d

- 1884. CONGRESSIONAL RECORD-· HOUSE. 197

to subject one line of railroad at the same time to the operation of sched­ But, Mr. Speaker, the rules of evidence favor the civil suit rather ules adopted by two or more States or Territories and liable to differ in than the _criminal prosecution. In the civil suit the plaintiff can re­ their rat~ for the same distances and between the same points. I vent­ cover his damages upon a mere preponderance of evidence. In the crim­ ure to assert, Mr. Speaker, that if the railroad attorneys were permitted inal prosecution the court will instruct the jury that they must acquit to name their choi~e among all the bills proposed here they would not the defendant unless the evidence of the prosecution excludes every hesitate a moment in giving the palm of preference to the bill of the reasonable doubt of his guilt. From what source and in w.hatmanner gentleman from Kansas. will you produce evidence of so high a grade in the criminal court ifyou The Committee on Commerce spent a great deal of time in listening must rely for discovery under the equity powers of the court to procure to arguments and testimony and discussing among themselvel:> the a much lower grade of evidence in tho civil suit? Sir, if the gentle­ various propositions referred to them. They could not agree upon an man's argument is good, you must, in order townake this provision ef­ entire bill, and they reported the pending measure with the under­ fective, confer chancery powers and the right to enforcediscoveryupon standing that members of the committee should have the privilege of the criminal court aJso. A bill 9f discovery in aid of the grand jury or offering amendments in the House. I am iR favor of all of its pro­ tacked on as a rider to an indictment I am afraid would be regarded as visions except the one indicated by the gentleman from Connecticut an odious novelty in our criminal practice. [1\Ir. SEYMOUR], and I shall vote for the amendment which he intends REBATES AND DRAWBACKS. to offer. The substitute prohibits rebates altogether. The bill of the com­ Those parts of the bill which establish a commission and prescribe mittee provides that they shall be given to all persons alike under the its duties, giving it full power to investigate all complaints and to take same circumstances. It has been shown that there are cases in which all necessary action to correct them, to study the subject in the light ot the allowance of 1·ebates constitutes a necessary and beneficial feature experience and report to Congre...~ what further legislation maybe nec­ of railroad management. It has also been shown that the practice is essary to perfect an intelligent system of railroad control, are in my sometimes abused by allowing discriminations. Shall we stamp out judgment the most valuable. I shall not speak at length upon this the good and the evil together, or shall we endeavor to destroy the feature of the bill, because other gentlemen have already fully explained evil and preserve the good? The only evil lies in the discriminations. it in debate and I concur in what they have said. This evil the bill of the committee attempts to prohibit. If it is prac­ Those members ofthe committee who fayored the plan of a commis­ ticable to enforce the provision of the substitute, no one will pretend sion consented to incorporate in the bill certain portions of the '' reme­ that it is not just as easy to enforce the provision of the bill of the com­ dial'' legislation proposed in the Reagan bill. I have no confidence, mittee. If enforced, it will remove the only evil complained of in Mr. Speak~r, in the effectiveness of these provisions, but I am willing connection with the allowance of rebate&. to put some of them on the statute-book and give them a trial. I am even willing now to amend section 6 of the committee ·bill so as· to POSTING SCHEDULES. make the private action there authorized one of "equitable jurisdic­ The substitute of the gentleman from Texas provides for posting tion and discovery," giving to the court in every such case the power rates .five (lays before they go illto effect. I agree with everything said specified in section 7 of the Reagan bill, to compel discovery and the by the gentleman from Michigan [Mr. HORR] and others who have production of boOks and papers; and perhaps to carry out the inten­ opposed this provision, and will add by way of supplement to their tion of the committee itself this ought to be done. In the courts of remarks some observations upon its relation to other provisions of the some of the States that may be unnecessary by reason of the codes, bill and substitute. Under the first sections of both all rates must be which abolish wholly or partly the distinctions between courts of law reasonable. It would seem to follow that the rates posted must be and equity; but in other States where the old distinctions remain in reasonable. I venture to say, M]:.Speaker, that it is within the knowl­ torce the provision might fail through mere defect of form. edge of every member of this House that the conditions which must With this exception the "remedial legislation" in the committee determine the reasonableness of a charge frequently change in the bill is all that can safely be adopted at· this time. It declares· that all course of a single day. A railroad company may post its rates as Ie­ charges must be reasonable for the service rendered. It makes it un­ quired by the substitute bill, and then go on under its old schedule lawful to discriminate between persons in the matter of rates and fur­ until five days have passed. On the morning of the sixth day a change nishing facilities for business. It makes it unlawful to allow rebates in f1·eights by lake, river, or other roads or other circumstances may or drawbacks to one person which are not allowed under :similar cir­ make it necessary for that road to reduce its rates below the post.eu cumstances to all other persons. It gives to a party injured a right of schedule or go out of business tor five days until it can post a new action for his damages and an extra allowance for costs where the act schedule. This substitute forbids it to lower the rate. It is impos­ complained of is willful. And it provides for a criminal prosecution, sible for any railroad company to determine with certainty so far ahead to be conducted by the district attorneys of the United States, and for what will be reasonable charges on all classes of goods. a penalty, upon conviction, of not more than $1,000. · Again, sir, under ordinary circumstances it is the legal duty of a. With these general remarks, Mr. Speaker, I pass to the considera­ common carrier to receive and transport goods offered fur that purpose. tion of the ili:fferences between the bill and substitute, those portions Freight may be offered on a day when the carrier has concluded that of the original Reagan bill which a majority of the committee declined his posted schedule contains unreasonable rates. He can not change to report favorably. them for five days. The freighter insists upon his obligation as a car­ PENALTIES. rier. If he carries at all under this substitute; he must charge the rate The .first-difference between the bill and substitute to which the gen­ in his posted schedule or subject himself to civil damages.and criminal tleman from Texas calls attention is the provision of the committee bill prosecution. If be refuses the freight, he is liable to another action tor which exempts unreasonable charges from penalty. I agree with the damages for violation of his co-mmon-law duty as a carrier, unless this gentlemen who argue that an error of judgment should not be treated statute absolves him from it, and no one, I think, will pretend ihat it aa a crime. But, sir~ I have another objection to it. It is impracticable. does. The question whether a charge is reasonable or not opens a range of If I have read the substitute arigM, sir, this wQ.Uld be among the investigation which is practically unlimited. The length ofthe whole most serious consaquences of its passage and enforcement. But pos­ road; the length of the haul; the cost of the entire mad and its sev­ sibly the gentleman from Texas [Mr. REAGAN] is correct in the state­ eral sections; the· indebtedness of the road and urgency of payment; ment of its purpose and effect. I will a.sk·the Clerk to read what the operating expenses; the value and quality of the goods r.arried; the gentleman said on this subject in his opening speech. · · state of the weather; the amountoftherisk; the income of the road in The Clerk read as follows: · former years or months and in thecurrentyea.ror month; the prospects The committee's bill contains no provision requiring a railroad company to . post up schedules of its rates of charges, while section 5 of the substit•tte bill of fUture business; the valueofthe service; competition ortheabsence does require such schedules to be posted up. And this is essential to secure of competition; the amount and value of the article carried in the given fairness and equality in rates between shippers ·aud as a means of evidence in instance compared with the whole amount and value of the same article determining whether discriminations have been made, and whether more than regular or schedule prices have been charged. If you leave that provision out ordinarily carried or produced, and with the whole amount and value and come to a trial m each case you will have to prove what reasonable rates of the t~nnage; a comparison with the rates charged for the same service are. If you put the provision in requiring them to post up their schedules of by other roads and water routes-all of these facts and circumstances, rates the law will presume they constitute reasonable rates, and the production of t-he schedules at a trifling expense would directly show the jury the amount with many others, must be brought into view and fully considered in of charges which tlie road had fixed, Rnd it would then be for tile court and order to determine fairly whether a given charge is reasonable or not. jury to determine whether the schedule bad been disregarded or not in the case Thiuk for a moment, Mr. Speaker, of the consequences of bringing under consi

198 CONGRESSIONAL RECORD-HOUSE. DEOEMBER 11,

quiry is then to be made. Your courts, Mr. Speaker, will not be crowded that I should hesitate IQyself some t:im.e before I committed myself ~bsolutely to the provision of the Reagan bill which prohibits more for a shorrhaul than with suitors when they find themselves invited in the outset to traverse for a long haul under all possible circumstances. There is a very serious ques­ and combat a presumption of law. tion there that certainly is deserving the best examination of the committee. I The rates in lhe schedule may be more for a short than for a long say this because I thought to some extent differently yesterday. It is probably haul. In fact they may be pool rates, and itis worth while to inquire the most doubtful quest.ion there is involved in the bill. . whether the enforcement of this provision will not compel competing Mr. .WOODWARD. What is said in this statement in relation to roads to pool. If each road acts for itself the immense advantage to the effect of the ninetieth section of the rail way clauses consolidation act the road posting . the latest schedule will immediately bring on such is not strictly pertinent, because both the rates there mentioned were disaatrous railroad wa~that the roads will be compelled to post their within the maximum allowed by law. But the opinion of the house schedules at the same time and with the same rates, as well as to change of lords and the opinion of Mr. Chittenden on the questions of poUcy them at the same time. I would like any gentleman who favors the and practicability are certainly worthy of attention. substitute to explain what more the ''pool'' does or pretends to do. Now, Mr. Speaker, what were the facts and arguments which changed RULE OF DAMAGES. Mr. Chittenden's view overnight, and which have influenced the views of a majority of your committee? Winona is distant from any landing I am opposed to allowance of triple damages as proposed bythesub­ on the Mississippi River and has no railroad connection save the one stitute. 'l'riple damages are vindictive and punitory. They cannot be mentioned. Steamboat and barge lines running on the river from understood in any other way. The substitute provides that the same Memphis carry cotton to New Orleans for $1 or less per bale. 'Dbe act may be punished criminally by a fine of not less than $1, 000-it railroad, then, must carry the cotton to the same destination for $1 per may be a million. We can not justifY to reason or conscience such an bale or abandon the business entirely. The current expenses of the accumulation of penalties upon the same person for the same act. road, the wear and tear of its cars and track, will be substantially the Pooling and charging more for a short than for a longer haul are both same whether its trains return empty to New Orleans or go back laden methods of railroad management which are capable of abuse, but it with cotton. The rate of $1 per bale may not pay if we ta"!ce into ac­ _does not follow that they are always abused, and I prefer to leave those count interest npon the cost of the road, but, sir, if it pays Qperating subjects for the consideration of the commission to be appointed under expenses, or even a considerable portion of them, the road can not afford the bill. to lose it, and the people of Winona can not afford i1> have the road lose POOLING. it, because any diminution of its net income will probably result in au The ostensible purpose of the pool is to prevent railroad wars and increase of rates from that place. discriminations. ·It is only attempted between roads with substan­ But t];le gentleman from Texas insists that no harm can result from tially the same termini. It is wrong and injurious for one road to dis­ his·bill because the road is permitted to charge as much for the long criminate between its own customers; but it is quite as injurious to the as for the short haul. Then, Mr. Speaker, the best that the company­ country to have one road charging less or more to its customers in can do is to equalize the two rates. I venture to assert, sir, that in Chicago or New York than is charged by a competing road .between the nine cases ont of ten this will result in an increase of the through rate. same points. The effect upon trade is precisely" the same whether the Very many railroads in this country, especially in the South and West, discrimination is made between the customers of tha same road or the enjoy large debts and have a very limited income. This road from customers of half a dozen roads. Let the commission examine this Memphis to New Orleans, I believe, is one of that class. Stockholders subject and report what legislation is practicable to do away with the may ~jford to wait indefinitely for dividends; bnt the road must derive evils of po_?ling. sufficient income from the business on its line to pay operating expenses, LONG AND SHORT HAUL. repairs, and intereston its debt. It must do this, sir, orfall into bank· The provision prohibiting a greater charge for the short than for the ruptcy. Its business on the present basis produces, perhaps, that longer haul has been charaderized by the gentleman from Indiana [Mr. amount of income. · SHIVELY] as an effort to make the benefits of competition universal; Then, sir, an equalization of the rates, in order to produce the same in other words, to give to South Bend all the commercial advantages of income, must result in decre:wing the rate at Winona and raising it at Chicago. This alone would be sufficient to determine my vote upan it. Memphis. To illustrate: Assume that its shipments from Memphis '.I;he powers of Congress are great, bnt they do not extend to a repeal amount to 5,000 bales at$1 per bale; from Winona 1,000 balesat$3.25. of the laws of nature and of trade. Any.attempt to do that, sir, can Then it receives from its cotton business at these two points $8,250, and ' only lead to mischief. Yut, sir, I am opposed to it because it is wrong it must continue to receive that amount from that business or make in principle and must inevitably prove injurious to the interests of my good the deficiency by charging more at other sta~ions or on other classes section. As a basis for what I shall say on this subject I recur to the of freight. If it redu~ the Winona rate to $1 it falls short of the illustration first brought to the notice of onr committee by the gentle- necessary income. If it raises the Memphis rates to $3.25 it not only man from l\fississippi [:Mr. BARKSDALE]. . loses the Memphis business but inflicts enormous damage on the..public This is the case: A railroad runs from New Orleans through Winona, at large. The very best it can do is to fix the rate at both places at Miss., to Memphis. The.distance from New Orleans to Winona is two $1.37!, which, if it can Tetain the Memphis business, will yield the hundred and seventy-five miles, to Memphis four hundred miles. This same income which it now receives. road charges for carryiB.g a bale of cotton from Winona to New Orleans But, sir, the provision of this substitute almost literally places the $3.25; from Memphis to New Orleans, one hundred and twenty-five railroad '' between the devil and the deep sea.'' An increase of 1 cent miles longer haul, $1. The first impression of almost every man will in the rate from Memphis deprives . them of the business there. Kn probably be that this is an outrageous discrimination ~aainst Winona, increase of 3 shillings not only throws the business to the .barge lines, whichoughtnotto bepossibleunderanystate ofthelawwbatever. But but enables those lines to advance their rates to $1.30 or even $1.35. examination of all the con,ditions of the problem will rarely fail to This will incite and authorize railroads carrying cotton north and change this view. In this way the view of a majority of the Commerce ea&t from Memphis to increase their rates also, and this increase in. Committee was changeQ.; and I take the liberty of calling attention to rates of transportation will be paid by the producers. The practical ef­ another conversion which took place in the committee-room on this fect of this provision of the substitute, Mr. Speaker, will be to levy a subject. fine of from 1 to 3 shillings per bale upon every produoer whose cotton Hon. L. E. Chittenden, of New York, an able lawyer and business is marketed at Memphis, and for no better reason than the simple geo­ man of large experience, came before the committee to advocate the graphical fact that the town of Winona is situated at a distance from adoption of the original Reagan bill, which is the substitute now of­ the l'tfississippi River. fered. His attention was called to this Memphis and Winona case, The same thing will occur, Mr. Speaker, at Chicago, but on a vastly and he was asked to give his views upon it. After hearing all the cir­ greater scale. The great staples of the Upper MibSissippi Valley, Wis­ cumstances, he declined to give an opinion and said he would look into consin, Minnesota, Dakota, the northern portions of Illinois, Iowa, itfurther. On the next day he appeare.d before the committee volun­ and Nebraska, must pass Chicago on their way to the seaboard. There tarily and made a statement which I will ask the Clerk to read. they meet the competition between lake and rail. The railroads are· The Clerk read as follows: compelled by the competition of the water routes to carry these Mr. CHITTENDEN. Mr. Chairman, I do not want to take ·up a moment's time staples to the seaboard at very low rates-rates which benefit immeas­ of the committee. I have been giving the time since yesterday to the problem nrablynot only the millions of producers in the Northwest but the mill­ that was presented in the Memphis and Winona case, and that had led me to ions of consumers in the East. The roads have their option-they can an examination of the decisions under the ninetieth section of the railway clauses act in England to which I had reference yesterday, and I find that that carry at these low rates, or send their trains back empty toNew York. problem has given to the house of lords in England the same trouble that it Like the road at Memphis, they prefer to get what they ca,n out of the certainlygivesme. It maynotgivethecommitteeany. In one ease that I have business to pay or help to pay their current expenses. If they in­ found whick went up from Scotland to the house of lords, the house of lords were divided upon the question whether under this ninetieth section" such a crease the through rates, as they must in any attempt to equal ~ ze the similar discrimination as that mentioned here was authorized. In that case the through with the local rates, they lose the business; the water routes road led from Derby to London. Its maximum rates, as all the rates in Eng- and Canadian railroads ad vance their charges, and the increase of freight ~~~i:J:~~rT~;d~:r~d~~~}i\TI\~gs1~r=d;j:~~~!<'~ b~r'h;~~~do~h~gt~b= is paid by the producer. Upon all the producers of that vast region passenger traffic from Hampton to .London the proportion would be only 2 tributary to Chicago you levy a fine for every bushel of grain, barrel shillings, and yet bY a divided court the hcmse of lords held that that was not of flour, and pound of meat raised in a vain attempt tf> extend the b,&ne­ contrary to the ninetieth section of the act which I read yesterday, and they ·held further that it was certainly doubtful whether it was practical to tak~ away :fits of competition to places where competition does not in fact exist­ that power of discrimination from the railway companies. AU I have t-o say is an attempt whose only result can be to hamper and restrict competi- 1884. CONGRESSIONAL RECORD-HOUSE. ·199

tion at those places where nature and the enterprise of man have estab- business. In favor of rebates, the erudite and learned gentleman from lisbed its necessary conditions. Massachusetts [Mr. LONG] has attempted to harrow up the feelings of Mr. Speaker, if I were well convinced of the soundness of the prin- the great American Congress fqr an unfortunate owner of staves who is· ciple attempted to be expressed in thissectionofthesubstitute, I should hobbling around creation on rebate-crutches looking for a market for hesitate long before voting to inflict its inevitable consequences upon his wares. Suppose this unfortunate and nomadic individual knew in the people whom I represent. Let the commission also examine into advance that in no case could be get a rebate, would be not entirely this subject and recommend to Congress such legislation as will·tend stave off the evil day by either staying at home and saving his staves. to prevent abuses, and leave to the road~ and to the peol>le theiT nat- or send them to market when he knew there was no risk? What is ural right to the uses and advantages of competition. the history of rebates? Have they not been used by a powerful com- The great difference between the substitute and the bill of the com- pany to crush its rivals and by great enterprises to ruin struggling. mittee is fonnd in the faet that the bill assumes that l:! complete code competitors? Perfect equality should be the law. As to schedules of" of railroad regulations can :not be framed by anyone Congress, and lays rates, I cannot see any·possible injury.to the-companies from that. Ii the foundation for the building of such a code in the light of practical trouble is found in carrying out this provision legislation can supply a. experience and calm reflection. The substitute assumes that all the remedy. Against proposed regulations of any kind captions objections conditions of the problem are completely within our grasp, and pro- will always be raised. You could stay here until the day of doom and poses forthwith to lay the mailed band of political power upon the make propositions to regulate the railroads, and every one would be most complicated and sensitive business adjustments of modern times. met by some objection. They want unlimited freedom; the people I believe the results of such action where not ineffective will be disas- reasonable restriction. • ~us to the interests ofthe country, and Ithereforesupportthe bill of Nothing seems to me so unfair as the allowance in favor of the long the committee. Festina lente should be our motto in a matter so deli- haul as against the shorter one. cate and important. We should proceed with caution and delibera- The fertile and oriental imagination of the gentleman from Massa­ tion, groping outward toward the limits both of jurisdiction and expe- cbusetts [Mr. LONG] illustrates his position by supposing the case of a diency. Irr this way only can we secure to the country a wise, safe, railroad to Jericho on the hilltop without competition, to Jerusalem be- and beneficent system of railroad control. • yond with competition. He says the difficult grade of the hill makes- · ~ · Mr. McADOO. I am not ofth<>se to whom a railroad company, be- Jericho pay for Jerusalem. The physical altitude of Jericho inures to cause it is a railroad ·company, is always and everywhere an object of the :financial elevation of Jerusalem. The malarious vapors of Jeru­ attack. There are gentlemen to whom the interesting, useful, and civ- salem are made bearable owing to the heavy toll on the tonic air oi. ilizing locomotive is "a monster of such bideoU$ mien that to be bated Jericho. To the wayfaring man who now as in Scripture falL~ among needs but to be seen" in connection with some proposed legislation. tb,e rebate and pool thieves on his way to Jericho our benevolent friend There are other gentlemen who, applauding the victories of this mighty from Massachusetts would give his sympathy, and our learned and able monster, would abdicate all governmental functions in its favor. Be- friend from Maryland [Mr. FINDLAY] would in his own language say:.. tween these contending hosts there must be a golden mean. In the utter hopelessness of the case we mutt~r between our teeth "God help I have long observed that in discussing railroad legislation in the State them," or, with a. deeper charity and a more genuine submission to His will ,. Legislature or in Congress the advocates and opponents rapidly array put our hands in our pockets and do what we can. themselves into two classes, the one drawing strong pictures of railroad But neither would send an officer of the law after the robbers. Prac­ benefits and asking liberal legislation or non-interference, _and the other tically speaking, the ~&tration of the gentleman from MaEsa(bm:etts. calling for restriction to protect the welfare and liberties of the people is not a good one in this country; not even, I think, in mundane J ern­ against railroad injustice and aggression. The one cries out, "You salem. Railroads are operated to make money. In makingitletthem would have no country without railroads;" the other, "Restrict the not rob Peter to pay Paul. railroads or you will soon have a country without liberty." Let it be Let us take an occidental illustration: Here is Chicago (not the olll ours to so legislate as to have a free country and great railroads, each and certainly not the new Jerusalem), with many competing lines. aiding and harmonizing with the other. I am opposed to alllegisla- Here is Paradise, Pa., on the most natural and easy route between New tion savoring of paternal government. Government is an umpire, to York and Chicago. Only one line of railroad passes through it.. It i,s. see fair play between the contending rivals in the game of life. only two hundred miles from New York, and yet passage or fi:eight. But in regulating railroads the Government is dealing with its own under existing circumstances is liable to be greater to Paradise than creations. The railroad company is a public concern-a governmental Chicago. Of course I know Chicago and another similar place axe both agent as it were-a public carrier upon a public highway. reached by down grade and easier of access than Paradise, but on what In dealing with railroad companies there are legislators whose liber- idea of justice should Paradise, Pa., pay up for Chicago, Ill.? This aJity makes them dangerous guides to follow. For the results of being system is very unjust to the Eastern farmer. With higher taxes, dearer too liberal and enthusiastic in legislating for railroads we need not ac- land; and higher cost of production, all paid on account of proximity to company the amiable, interesting, eloquent, and distinguished gentle- the seaboard, be can not compete with those thousands of miles inland. man from Massachusetts [Mr. LONG] to the Palestine of cooing winds It is unjust to theWestern and Southern merchant, because his Eastern and waving palms, but we can linger to learn-in the no less heavenly, rival, without breakage in transit, meets him in the inland towns with if less beautiful, precincts of Jersey City, N. J. To build up her rail- ·positive advantage. road system New Jersey gave exemptions from local taxation to the com- The gentleman from Pennsy1 vania. [Mr. HOPKINS] has very ably panies. To-day the metropolitan city of the State has over $40,000,000 shown the constitutionality of this bill. As its distinguished author of property within her borders that does not share equally in the local says, it is the commerce and not the railroads he aims to regulate. All burdens while benefiting fully from municipal government. These ex- admit the power to regulate the measure if regulation is alone in dis­ eruptions have been held by tlie United States Supreme Court to be in pute. The substitute, by putting everything in the courts, prevents the nature of irrepealable contracts. The enactors of these statutes may any unconstitutional interference being exercised. have meant well, and when the giant genius of Webster procured the RaP,road commissions work well in many of the States. There they decision of this supreme tribunal in the Dartmouth College case be little are invaluable in settling questions of taxation between the railroads thought he was but rearingamonumenttohislegalfamewhoseshadow and thepeople. · SucbisthecaseinmyownState. Butthecommission would fall like blight on the citie.'l of his country. On the college ease proposed by the bill of the committee seems to me a. useless institution. bas been based these decisions in favor of the irrepealability of such I should think the railroad managers would favor the commission. contracts. Very imposing but entirely impotent, it would be a harmless safety- In the light of experience I am opposed to railroad discrimination, valve for popular and individual discontent, without benefiting or but­ rebate, pooling, and to centralizing, expensive, imposing, but worth- ing any one concerned. Their finding would be less potent than the less commissions, and so in favor of the substitute bill of the distin- editorial condemnation of a leading journal. Looking imposing from guished statesman from Texas, Judge REAGAN. Let us look at some the respectability of his office and income and the princely freedom of of the evils this bill attempts to remedy. his travel, a railroad commissioner under the committee bill could walk At pooling, for instance. For many years the statute-books of the adown the sunny years of his official life amid the serried ranks of smil~ various States have been laden with ~enal statutes forbidding the com- ing railroad directors and all-attentive train conductors, tremendous bination of laborers and artisans to' strike" for higher wages. ..It was in his processes and infinitesimal in his results-the stall-fed ox of the said to be a conspiracy against trade and commerce for them to so com national farm, unable to plow and not merchantable in the shambles. bihe. But, while the printers or the brakemen could be cast into jail The complainant . before the commission waits and watches like for combining to say how much shall constitute pay for a day's work, another Jarndyce, and finally possessed of their impotent :finding is Messrs. Gould and Vanderbilt and Huntington can form a pool and say compelled to go into court on his own responsibility and at his own ex­ bow much it shall cost the printer or brakeman to transport his barrel pense,. for the committee bill gives him no counsel and less encourage­ of flour or pork from Chicago. What wonder that such inequalities in ment. The district attorney is not paid nor compelled to succor him. legislation awaken popular discontent? What 'healthy competition Even if the commission was powerful, I would still think an honest court does pooling admit of? Make pooling illegal, and an honest standard and jury preferable. What influences might not control the appoint­ and fixed schedule will be the result. The people and the companies ment and action of the commissioners. Tbe safety of our institutions · will both benefit. and rights demands an honest and fearless judiciary, and if we can not A system of rebates encourages unjust discrimination and fraud. depend upon our courts, then indeed is our condition a bad one. In Under it one man's success is built up on the ruins of another man's view of the colossal wealth and great power of these companies any 200 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11,

three men, however pure and good, holding in their power 125,000 miles Mr. O'NEILL, of Pennsy1 vania. I do not know that it is necessary, of railroad and dealing with a commerce of not less than $10,000,000,000 but I wish to say that at some stage of the proceedings, if I can get the annually, might indeed fervently exclaim, "Lead us not into tempta­ floor, I desire to make the motion to recommit the bill so that it may be tion." Besides all this, the dangers which might occur in their ap- Jmproved. pointment are too patent· to be discussed. _ The SPEAKER. That motion will be in order. A.s I said in opening, I have no desire to make indiscriminate war­ Mr. O'NEILL, of Pennsylvania. I wish to r~commit the bill so that fare on railroads, and am only concerned that the welfare of the people it can go back to the committee and be brought again into the House shall bea.smuch consideredastheprosperityofthesecompanies. !agree improved in many provisions. _ , with much that has. been said as to how far they have advanced the The SPEAKER. The gentleman can not be deprived of his right to material growth of the country but this great country and this free recommit the bill. Government must not become . totally~ubservient to their power. Our · Mr. PETERS. I rise to make a parliamentary inquiry. free Constitution banishes the feudal lords; let us see to it that they The SPEAKER. The gentleman will state it. are not replaced by railroad monarchs who can control the election and Mr. PETERS. I wish to ask whether, after the previous question is selection of the representatives of the peop~e and direct their actions to ordered, any amendments could be offered to the bill other than those suit the interests of these great corporations. I applaud their aote is taken between the two. legitimate business. But of course there can 1>e an understanding on the p:ut of the House It is contended that there is a difference of mind as to what is wrong · • that a test vote shall be taken between the two opposing propositions, or abusive in railroad practice and management. There is in Bll human and that the one sustained by the vote of the House shall be considered conduct. The action of the law-making power, consistent with the under the five-minute rule. organic law of the country, is decisive of that question. It is fair to Mr. REAGAN. It was from IDY- knowledge that such was the prac­ say that no legislative power in this country would declare certain con­ tice of the House I have ventured fo make the suggestion. duct in business a crime without just cause or reason for it.

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1884. CONGRESSIONAL RECORD-HOUSE. 201 • I would only support a bill up to a law that would remedy abuses in to the given point when the regular schedule rate is 50 cents, clearly railroad management. I ·would encourage all their legitimate traffic. he derives 25 cents from the wheat-raiser, the laborer, and the flour:. Which measure is the better, the committee bill or the Reagan substi- maker. It enables him to reap large gains from the laborer and pro-' tute? The main difference in them is, the committee bill provides for ducer in other useful industries for which he gives no equivalent, and a commission w bile the substitute does not, and the. substitute pro- it is an injustice that can not be defended. It enables him to continue hibits a greater charge :per mile for a short haul than for a long one. I a prosperous business, while other shippers feeding him all the while submit these are substantial differences, and I must favor the substi- are not able to do so well, thereby injuringthe growth of competitive tute for the committee bill. . industry. There has been a good deal of declamation about the great benefits In this instance the railroad compaRy and the preferred shipper are of a commission. They are mostly imaginary. Suppose a commis- doing a wrong to the producer and to the public by enabling the shi p:per sion is established under the commi~tee bill. It is to sit in Washing- to obtain money that he has no right to get. It is money obt-ained by ton or adjourn to other parts when it deems it necessary. Very well. a false pretense to all concerned that he pays the schedule rate, when Whn.t is the practice ? The shipper is to complain to the commissioners in truth he does not; but through this secret arrangement he unjustly in writing. He lives in my district, nine hundred miles away, and he obtains the money of oth.ers without rendering unto them any equiva­ must send ;his complaint toWashington; or if he lives in the South or far lent. I do not hesitate to say that this conduct ought to be called a West he must send his complaint to Washington. Then what? The crime, and that a just penal~ should be fixed for it. I know it is commissioners investigate. How? Gowheretheshipper lives and does claimed that railroad property is individual and private property and his business, and take testimony? Or require him to employ an attor- that the owner has a right to use it in a way that best suits him; but ney and send his deposition, and possibly hire an attorney in Wash- that claim is no longer well founded, for the courts have declared rail­ ington to argue the merits of his case before the commission? After roads public ways so far as commerce and transportation are concerned, hearing his side then they are to send for the p.ilroad company, per- and their management in this respect is not only individual but for the haps doing business in Kansas, for such information as it has on the best interest and safety of the public. snhject. . It is asserted here that rebates are proper and that railroad companies .After this is done then the commission may send a copy of its de- have a right to make them. Why, this is the same thing as the secret cision to the United States distl'ict attorney of the State and one to the .agreement in effect. The understanding in such cases is that the ship­ railroad company. Then the United States district attorney is to ask per shall pay the schedule rate, and upon production of his receipt for an injunction to stop the injustice. Here is litigation begun after paymentofitatthemainorspecialofficeheshallhave acertainamount waiting for the report of the commissioners. This is elastic. It is an refunded. Why is this done? To deceive other shippers? To deceive india-rubber performance to stretch out the case in hand until the in- the public? It is the sam~ false pretense and favoritism. Transporta­ jured party falls from pure exhaustion. After the district attorney tion charges over public ways is the same thing as a tax on all articles gets the matter before the United States court then real delay begins. transported. Why tax one man more than another engaged in the same Then time is asked for a hearing, trial, and argument; then an appeal business? It would be no worse for the taxing power in any State to to the Supreme Court of the United States, where errors are reviewed tax. one man more than it taxes another, or that the tax-collector should all through the case, and possibly the case will be reversed. A great collect the fixed rate of tax on a certain individual's property and after­ remedy that. ward refund to him halfofit on theground thathewasabigta.x-payer Then see how impracticable the work ofthis commission. Ifitisto and influential citizen. The act is so unfair and unequal as to become hear and investigate all grievances of every shipper complaining in the unconscionable, and I would make it a crime and declare a penalty. United States, as well as decide the protracted contests over pooling There are instances of freight carriage that appeal strongly for re­ operations, then the work and the field is too large for it altogether, and bates, and in such cases the law ought to permit the facts to come out it could not. begin to examine the oomplaints made. A commission fully before the court or jury hearing the case, and if it is found to be would be a farce. It is what the wrongdoing railroad companies sug- fair Jlnd reasonable it should be a good defense under the law. I would gest and want this House to pass. Why declare certain acts and prac- like to see section 8 of the substitute amended so as. to allow the facts tices of railroad companies wrong and a crime and then leave it out to to come out, and let the court or jury determine whether they consti­ a commission to investigate? Oh, what a farce! Make certain eonduct tute a defense to the case or not. a crime, then deal gently and name a commission to handle it carefully. I come now to the other question of pooling. Yes; by all means have a commission, to let the criminals have a chance Pooling contracts between divers competing lines of railroads are made before it, and then another chance before a court when the district attor- ·to cut off all competition in the hauling of freight. It does not bene­ ney files his complaint. fit the :people or the patrons of the roads; .it does benefit the railroad I see no reason for allowing these corporations more leniency after companies, because the pooling contract establishes· and maintains cer­ the commission of crimes than the humblest citizen after he is indicted tain charges wholly fixed by the parties to the pooling contract. It and brought before the court to answer at once. Declare certain acts is wholly one-sided in its execution and effect. Shippers and other wrong, unlawful, a crime, and then appoint a commission to investi- patrons ofthe roads are notconsultedatall; theirinterestisnotconsid­ gate ~ Is that your tender policy? If so, it is a gross discrimination ered in these contracts. The producer has no voice in making the pool­ ~crainst the balance of mankind, who must answer directly to the proper ing contract. It does prevent honest competition in freight hauling. authority for their crimes and misdemeanors. I say if we declare cer- I know it is claimed that competing lines can not survive without pooling tain conduct of rail.\'oad companies a· crime, then deal with it as a crime contra-cts, that is, the stronges_t line will destroy the others, but that directly, as provided in the substitute. Why leave it to a commission the pooling contract protects all the lines. to investigate? It would mean nothing in the end. I think it does protect all the lines.from reasonable com:petition, but This brings me to the question ofunjustdisc1·iminations. It is well I deny that competition would destroy any rival line of railroad.. It known that certain railroad corporations enter into secret agreements would have the effect to reduce freights to reasonable rates, and it can with certain shippers, wherein they pay less rates on through or local not be presumed that any competing line of railroad would mark down freight than is paid by other shippers, and this is true whether there freight charges below the reasonable limit to destroy adversary lines, as are competing lines of railroad or not. The effect of t'his preference is no profit could result from such methods to any line of road. I see no to build up one shipper at the expense -of others, and thus affecting all reason why the people, the shipper, and other patrons of railroads should the people-the producer, laborer, and shipper. It is safe to say that be deprived of the benefits of honorable competition in railroad freights the preferred shipper does not pay less than reasonable rates; but if he by pooling and combinations. One of the blessings of every trade is did, then the company could not continue business unless it charged competition. Anything done to prevent competition establishes roo­ more than a reasonable rate to other shippers in order to make good nopoly, and with it comes the cast-iron grip upon the earnings of honest the loss. industry. Pooling is a combination of railroad corporations to equally If this be done, then an unjust favoritism is graJ;tted, by which he get the most from thefarmer, the mechanic, the laborer. It is anagree- . r&'lps large gains not only at the expense of other shippers who pay ment not to injure the chancesof one another to get unjust money from his freight charges in the payment of their own unequal charges, but all .other people. also at the expense of the laborer and producer from whom the pre- Why talk here persuasively and softly of this wrong? Are you afraid ferred shipper buys, whether it be the product of the farm, the fac- these railroad companies will take revenge upon you for combating tory, mill, or the shop, for the price of all such products is fixed in part their wrongs upon the public? Are you afraid of these corporations? by the cost of shipment to a given point. Transportation charges are They are in the hands of the people of this country, and their wrongs always considered in establishing the prices of commodities. Then we ought to be remedied by law just the same as other wrongs are reme­ have the preferred shipper buying flour at $5.50 per barrel, the market died. Talk to me about turning on light to wipe out rascality and price at the place of production, and shipping _it to another point, the wrong! "'ny, since the Christian era light has been turned on every freight rate on which is 50 cents, re~ular schedule rate. This makes phase of wrong known to human annals, and is it wiped out by the the barrel of flour worth $6 per barrel at place of delivery. extra light? Not at all. - You may turn light on murder, rapine, and. Now the farmer must pay labor and raise wheat at a ·price fixed arson until the whole world knows how it is done, and they will not after considering the cost of flour :per barrel and cost of shipment to the abate one jot or tittle. What does the evil spirit care for the light pf given point. These fix the price of his bushel of wheat, and the price exposure? That is no punishment and no preventive at all. Positive of his wheat fixes the price he pays for labor. - Now if the preferred 1 law, with penalties, is the only remedy. shipper only pays 25 cents per barrel by a secret contract for shipment 1 It is urged in this discussion that it is right to charge more for a· 202 · CONGRESSIONAL RECORD-HOUSE. DECEMBER 11, short haul of freight on same line of road than for along haul Well, NEW YORK CANALS. that is elasticity indeed. Pending the question on the motion to adjourn, Is it right, is it fair, is it honest to charge the same a.ruount for haul­ Mr. HISCOCK, by unanimous consent, "introduced a joint resolution ing fre1ght fifty miles as for three hundred miles ? The haul of fifty (H. Res. 298) to _appoint a. committee to investigate the capacity of the miles is only one.sixth of the oost of steam, wear and tear, and time for canals of the State of New Y~rk, and for other purposes; which was the 300 miles. Why do they do this? Oh, they say there is river or read a. first and second time, referred to the Committee on Commerce, lake competition in the long haul and none in the short haul. Ah! is . and ordered to be printed. that it? Then where there is competition they must come down to Mr. HISCOCK. I ask that the joint resolution be printed in the what? Destructive rates? Not at all. What then? Down to what RECORD. the carriage of goods or produce can be done for. They say that is a There was no objection. The joint resolution is as follows: loss to them. Who knows? Where is the proof ? I want no bald Be it re3e£ved, &c., That a joint committee of eight mcm hers of the next Con· assertions. · gress be appointed, to consist of five Representatives, to be appointed by the It is known thatrailroads baved~troyedgood river traffic and canal Speaker of this House, and three Senators, ·to be appointed by the President of the Senate. - traffic. What destroyed the Wabash and Erie Canal? The railroads. Said committee shall confer with a committee of like power appointed·by the Here the water traffic could not be done as cheaply as it could be done Legislature of the State of New York and with the Governor and other State on the railroads. Greater speed and _convenience of handling freight is officers of said State, in regard to the maintenance of the canals thereof, and ascertain if said canals are sufficient for the requirements of interstate com­ on the side of the railroads. Take the statement as true that long merce or if they should be enlarged, and the cost of such enlargement. hauls must be made at less figures than short ones, still is it right? And said committee shall ascertain upon what terms and condition.- the If competition makes the long haul unprofitable, wqich is never true, United Stat~s can acquire the title to and jru·isdiction of said canals, or of any of them. . is it right to double .up the rate on the short haul where there is no Said committee is authorized to appoint one of its members chairman, aad competition? Is it right to overload the people and shippers of inter­ may hold its meetings at such _times and places as it may appoint in the State of mediate-points on the road with high charges to make up the loss on New York or the city of Washington, and to take testimony, and employ a clerk, who shall be a stenographer. The expenses of said committee shall be paid from long hauls of which other people and other shippers get the benefit? _ the contingent funds of t·he two Houses of Congress, to be disbursed therefrom Is that the beneficent system of railroading? Carry out the parallel, upon the order of the chairman of the committee and of two other members, one and, if neces...~ry, the long haul must be made for nominal rates; but of whom shall be a Representative and the other a Senator; and said commit­ we will make the people in the back towns smart for it. They have tee shall report in writing to the next Congress. no competing roads, and we will just make them sweat under the ADDITIONAL COl\£MITTEE CLERK. doubled-up rates in order that we may make big profits in railroading, Mr. WARNER, of Ohio, ~ unanimous consent, submitted a resolu­ though we will haul through freight for nominal rates. Do you call tion authorizing the Select Committee on the Payment of Pensions, this syste_m beneficent? Do you call it right? I do not. It is a wrong Bounty, a.nd Back Pay to employ an additional clerk; which was re­ that the people will not much longer endure. ferred to the Committee on Accounts. It is contended that every time a railroail runs through a hill, over, FEES OF PENSION CLAil\I AGENTS. a mountain, or across a stream, that the local shippers must pay rates in proportion to the extra cost of the road by reason of these contingen­ Mr. WARNER, of Ohio. I also submit a resolution directing the cies, while the through shipper shall go free of charge for these causes. Secretary of the Interior to furnish certain· information relating to fees Well, that isreal elasticity indeed. That is called masterly. It certainly of claim agents in pension cases. This is a report from the Select Com..: is ridiculous, to say the least of it. Does not the through shipper get mittee on the Payment of Pensions, Bounty, and Back Pay, and I ask the benefit of the whole road, with all the hills it. cuts, with all the for its immediate consideration. mountains it tunnels, and with all the streams it crosses? Is he not The resolution was read, as follows: Resolved, That the Secretary of the interior be directed to report to the House benefited when he ships over the entire road the same as the "Shipper. the number of contracts providing for the payment of fees of S25 in pension over part of it? Certainly he is. Then why charge him half wha~ou cases to claim agents under the act approved July 4,1884, which have been filed charge the local shipper? The answe~ is only because it can be done in the Pension Office, and whether any of such contracts cover claims on file prior to the passage of said act; and also how many, if any, of such claims for without regard to justice, right, or reason. It is a matter of.pure force fees have been allowed and paid, an.d if any fees so paid are for claims so filed and not of right. It is the old saying, that might makes right.. I have prior to the passage of said act. no prejudice against railroads or their legitimate business; I am for The SPEAKER. Is there objection to the present consideration of them; but I say to them, do right with all people and there will be no . this resolution? complaint. [Applause.] Mr. . KEIFER. That, I think, woqld take so much time that it Mr. REAGAN ..Before any other gentleman proceeds to address t~e would be necessary to provide a new corps of clerks. House I desire there should be an understanding about what was agreed Mr. . WARNER, of Ohio, I am assured that this information can be upon some time ago. I supposed I had got unanimous ·consent to proceed very easily furnished. · with the further consideration of this bill to-morrow. I have been.told Mr. KEIFER. I will not object. by some gentlemen that that was not understood. I desire now to know The resolution was adopted. . whether I had unanimous consent to go on in the morning. Mr. WARNER, of Ohio, moved to reconsider the vote by which the The SPEAKER. The Chair did not state to the House that part of resolution was adopted; and also moved that the motion to reconsider the request which the gentleman from Texas says be submitted and be laid on the table. which the Chair failed· to hear, a request for unanimous consent to The latter motion was agreed to. proceed with the considerati~n of this bill to-morrow. Is there objec- tion? · MOSES M. BANE. Mr. McMILLIN. I dislike to ~ppear to antagonize in any way this Mr. MORRISON, by unanimous consent, introduced a bill (H. R. bill,· the importance of which I fully realize, by insisting on the Pri­ 7677) to reimburse Moses M. Bane, receiver of public moneys at Salt vate Calendar to-morrow. But I think we should proceed to-morrow Lake City,forreut paid by him; which was read a first and second time, to the consideration of the Private Calendar. If thus early in the ses­ referred to the pommittee on Claims, and ordered to be printed. "" sion we can not reach that Calendar there is no hope of reaching it at INTERNATIONAL POLAR. EXPEDITION. all My friend from Inrliana [Mr. HOLl\IAN] suggests that I should Mr. THOMAS. I ask rmanimous consent to submit for present con­ not insist on the consideration of the Private Calendar to-morrow if sideration the resolution which I send to the desk. it placed this bill in jeopardy. But the bill can becompl~tedon Satll!­ The Clerk read as follows: da.y, while we can not go on with the Private Calendar on Saturday. Resolved, That the Secretary of War be requested to transmit to the House of I am as much for the cons:ideration of this bill as any one, but I think Representatives, if not inconsistent with the public service, the report of the it can be disposed of this week without interfering with the considera­ international polar expedition to Point Barrow, Alaska, by Lieut. D. H : Ray, tion of the Private Calendar. United States Army, for the years 1881, 1882, and 1883. The SPEAKER. Does the gentleman from Tennessee object? Mr. KEIFER. I desire to reserve the right to object until we leam Mr. McMILLIN. I shall have to object, Mr. Speaker. the reason for offering this resolution. 1t1r. REAGAN. Then I ask tba.t the understanding heretofore come 1\fr. THOMAS. I will make a very brief statement. rThere were to as for to-morrow shall be the understanding for to-morrow or the two expeditions organized at the same time, the Greely and the Ray first day the matter shall be considered, if that day be Saturday. expeditions, one to go up on the Atlantic side and the other on the Pa­ The SPEAKER. The Chair understands the request made by the cific. Lieutenant Ray, having charge of the Pacific expedition, dis­ gentleman from Texas, except that part in relation to the consideration charged his duties, remaining in the Polar region at Point Barrow, the of the bill to-morrow, has already been agreed to by the House. most northern point of Alaska., for two years, made the most accurate Mt·. REAGAN. I want it understood it is agreed that after voting and exhaustive examination and observations, returned with all his men on these amendments we proceed under the five-minute rule to con­ in good shape, antlhas prepared the most magnificent report of his obser­ sider that one of these bills which shall have the preference. vations in that section of the world. Under the law the Secretary of The SPEAKER. That was part of the understanding. War bas no authority to have this document printed; and we desire to Mr. O'NEILL, of Pennsylvania. That is the understanding of what call for it, simply for the purpose of bringing it to this House that it shall be done when the bill next comes up. may be printed for the use of members and of the scientific world. 1t!r. REAGAN. If no one desires to continue the debate this even­ Mr. McMILLIN. Is this resolution repor~ed by a committee? ing I shall move that the House do now ad~ourn. Mr. THOMAS. It is not; i~ does not req~ any report. P884. CONGRESSIONAL RECORD-HOUSE. 203 •

Mr. McMILLIN. Let it be considered by a com.m.ittee. ernment Printing Office, as provided for by joint resolution of 'February :Alr. THOMAS. It is aU right. The report ~ all ready to be trans­ 6, 1883; - mitted here as soon as it may be called for. I hope the objection will A letter from. the Acting Secretary of the Treasury, transmitting a be withdl'l\,wn. . letter from the First Comptroller of the Treasury, with inclosures, re­ The SPEAKER. Is thero objection to thP- resolution? lating to estimate of appropriation for printing revised laws of Wyoming Mr. McMILLIN. My judgment is that this matter ought to be Territory; and considered bya committee. I have no objection to the introduction of A letter from the Acting Secretary of the Treasury, transmitting an the resolution for that purpose. If it is right the committee can soon estimate from the Secretary of the Navy of the appropriation required report. to pay owners of the steamer Druid for damages sustained by collision Mr. THOMAS. ·The report is all ready to be transmitted. The with United States steamer Powhatan. adoption of the resolution involves no expense at all. I hope no ob­ The SPEAKER. If there be no objection the Chair will lay before / jection will be made. the House certain executive communications, The SPEAKER. Unless the objection be withdrawn the resolution There was no objection. will have to go to a committee. POSTMASTERS' CLAIMS FOR LOSSES BY FIRE, ETC. Mr. McMILLIN. Do I understa.11d that this report has already been printed? The SPEAKER laid before the House a letter from the Acting Post­ Mr. THOMAS. It is all ready to be transmitted to the Hbuse. The master-General, transmitting, as requested by act of March 17, 1882, adoption of this resolution will involve no expense at all. lists of claims allowed and disallowed for losses by postmasters from Mr. McMILLIN. Is it not proposed to have the report printed by fire, burglary, and other casualties; which was referred to the Com­ this House? mittee on Appropriations, and ordered to be printed: Mr. THO!tiAS. That is a matter to be determined hereafter when FORBES'S HISTORICAL ART COLLECTION. the report comes in-not now. The SPEAKER-laid before the HQuse the following communication; Mr. McMILLIN. If the object is simply to get the report before the w:hich was referred to the Committee on ·the Library: House I have no objection to the resolution. There being no objection, the resolution.was considered and adopted. NEW YORK, June 17, 1884. DEAR Sm: I have the honor to transmit the following extract from the pro­ Mr. THOMAS moved to reconsider the vote by which the resolution ceedings of the nileeting of the Army of the. Potomac, held in Brooklyn, N.Y., was adopted; and also moved that the motion to reconsider be laid on June 11 and 12: · the table. " Resolved, That this society earnestly recommend the passage of the bill now pending in Congress providing for the purchase by the Government a.nd pres­ The later motion was agreed to. ervation in the Government archives of the extensive a.nd comprehensive series of sketches and etchings of the battles and campaigns of the Army of the Po­ EDW.A..RD 8. KEARNEY. tomac, known as the Forbes Historical Art Collection; and that a. copy of this resolution, duly certified by our president and secretary, be transmitted to the Mr. GEORGE; by unanimous consent, introduced a bill (H. R. 7678) Senate and to the House of Representatives." for the relief of EdwardS. Kearney; which was read a first and second Respectfully, your obedient servants, time, referred to the Committee on Expenditures in the Departmentof U. S. GRANT, . President of the Army of the Potomac. Justice, and ordered to be printed. HORATIO C. KING, · Secretary of the Army of the Potomac. TO NATIONAL AID EDUCATION. Hon. JoHN G. CARLISLE, Mr. LONG, by unanimous consent, presented the following resolu­ Speaker House of Representatives. tion; which was referred to the Committee on Educa:tion, and ordered FffiST NATIONAL BANK OF OMAHA, NEBR. to be printed in the RECORD: BOSTON, December 6,1884. On motion of Mr. WEAVER, by unanimous consent, the bill (S. DEAR Sm: At a convention of superintendents of public schools held at Bos­ 2348) to .authorize the increase of the capital stock of the First Na­ ton, November 21, 1884, it was voted that the president forward to each member tional Bank of Omaha, Nebr., was taken from the Speaker's table and of Congress from this Commonwealth the following resolution adopted by the read a first and second time. convention: "Resolved, That it is the sense of this convention of superintendents that the The bill was read, as follows: Senate bill for national aid to education should become la.w by action of the pres­ Be it enacted, &c., That the First National Bank of Omaha., in the State of ent Congress." Nebraska, is hereby authorized to inc~ its capital stock, in accordance with Very respectfully, yours, existing laws, to any sum not exceeding $2,000,000 notwithstanding the limit E. 0. CARRIGAN, President. heretofore in its original articles of association, a.nd determined by the Comp­ To Hon. JoHN D. LoNG, WaBhington. troller of the Currency; and the Comptroller of the Currency is hereby author­ ized to fix the limit of increase of the capital stock of the First National Bank MESSAGE FROM THE SENATE. oj Omaha, Nebr., at the amount of$2,000,000. A message from the Senate, by Mr. SYMPSON, one of its clerks, an­ The bill was ordered to a third reading; and it was accordingly read nounced that the Senate had passed a joint resolution (S. R. 101) in the third time, and passed. relation to the ceremonies to be authorized upon the completion of the Mr. WEAVER moved to reconsider the vote by which the bill was Wa~;~hington Monument, in which the concurrence of the Honse was passed; and also moved that the motion to reconsider be laid 8:a the requested. table. LABORERS IN CLERK'S DOCUMENT-ROOM. The latter motion was agreed to. Mr. HOLMAN. I am requested to submit, for reference to the Com­ HELL GATE. mittee on Accounts, the resolution which I send to the des\{. Mr. WILLIS, by unanimous consent, submitted the following reso­ The Clerk read as follows: lution; which was referred to the Committee on Rivers and Harbors: Ruoltled by the Ho-use of .Representatives, That the Clerk of the House~ empow­ Resolved, That the Secretary of W a.r be directed to inform this House whether ered, a.nd is hereby authorized, to continue in the service of the House the two the amount appropriated by the act of July 5,1884, for Hell Gate, New York, laborers in the Clerk's document-room a,uthorized under resolution of June 13, has been diverted from the purpose therein set forth. 1884, to arrange, sack, and ship the reserved calf-bound and special-bound docu­ ments belonging to mem hers and to arrange the files; the said laborers to be And then, on motion of Mr. REA.GAN (at 4 o'clock and 20 minutes paid out of the contingent fund of the House at the same rate heretofore named, p.m.) the House adjourned. under the supervision of the Committee on Accounts. There being no objection, the resolution was referred to the Commit­ . PETITIONS, ETC. tee on Accounts. The following petitions and papers were laid on the Clerk's desk, PRINTING OF EXECUTIVE DOCUMENTS. under the rule, and referred as .follows: The SPEAKER. The Chair asks that an order be made for the print­ By' Mr. ALEXANDER: Petition of citizens of Carroll County, Mis­ ing of certain executive documents heretofore referred to the Commit- souri; also of citizens of Sullivan County, Missouri, for the passage of tee on Appropriations without any order to print. . a Mexican war pension bill and amendments-severally to the Com­ There being no objection, the following executive communications mittee on Pensions. heretofore laid before the House and referred to the Committee on Ap­ By Mr. BARBOUR: Papers relating to the claim of Thomas Mc­ propriations were severally ordered to be printed: Cardell-to the Committee on Claims. A letter from the Secretary of the Treasury, tfansmitting supple­ By Mr. BLANCHARD: Petition relating to the claim of J. A. Lam­ mentary estimates of the Interior Department for appropriati~ns for the pite-to the Committee on War Claims. Indian service for the fiscal year ending June 30, 1886; By Mr. BRAINARD: Petition of citizens of Erie County, Pennsyl­ A letter from the Secretary of the Treasury, transmitting a commu­ vania, for the pa.c:;sage of the M~xican war pension bill-to the Commit- nication from the Comptroller of the Currency correcting his former tee on Pensions. · estimates for expenses of the national cqrrency, and submitting an Also, petition of citizen&•of Venango County, Pennsylvania, for the additional estimate of $110,000 for the expense of engraving, printing, enactment of a law taxing incomes-to the Committee on the Judiciary. and furnishing national-bank notes, for the fiscal year endingJune30, By Mr. CANNON: Petition of JohnS. Vesey and others; also of M. 1886· F. Davis and others, of Paris, Ill., asking for the passage of the Mexi­ A ietter from the Acting Secretary of the Treasury, asking an imme­ can war pension bill and amendments-severally to the Committee on diate appropriation for the removal and storage of material at the Gov- Pensions. 204 CONGRESSIONAL RECORD-HOUSE. DEOEMBER 12,

By Mr. CASSIDY: Petition of Albert Arent.8, mechanical enginee-r, By Mr. HOLMAN: Of Julius C. Burgoyne and 64 Union soldiers relative to the metric system of weights and measures-to the Commit- and citizens of Franklin County, Indiana. tee on Coinage, Weights, and Measures. By Mr. HISCOCK: Of citizens of Virgil and other places in New / By Mr. COLLINS: Petition of Elizur Wright and others, citizens of York. Massachusetts, for r~peal of the act of .Tuly 12, 1876, known as the By .Mr. HITT: Of 63soldiers and citizens of East Dubuque. Comstock law-to the Committee on the Judiciary. By Mr. B. W. JONES: OfcitizensofWisconsin. By Mr. W. W. CULBERTSON: PapersreJ.a,tingtothepension claim By Mr. JORDAN: Of citizens ofCadiz, Ohio. of Sarah T. Duke-=-to the Committee on Invalid Pensions. By Mr. KEIFER: Of E. Sherrett and 139 others, soldierS of the la~ By Mr. G. R. DAVIS: Petition of ex-soldiers of the war, for the pas- war. sage of the Mexican war pension bill as amended-to t.he Committee on By Mr. LACEY: Of M. D. Reed and 246 citizens of Barry County, Pensions. Michigan. By Mr. DIBRELL: Papers relating tO the claim of James W. Rouls- By Mr. LAWRENCE: Of citizens of Beaver County, Pennsylvania. ton-to the Committee on War Claim..<~. By Mr. MORRISON: Of citizens of Du Rois, and of 70 citizens of By Mr. DUNHAM: Petition of tug and vessel owners of Chicago, Ashl~y, Ill. favorable to House bill No. 7591-to the Committee on Commerce. By Mr. MOULTON: Of 500 citizens of illinois, and 500 citizens of By Mr. liiLL: Petition of D. G. Bntson and 100 othersJ citizens of Nilwood, Ill. • Willshire, Ohio, for the passage of the Mexican war pension bill and By Mr. MUTCHLER: Of citizens of Bucks County, Pennsylvania. amendments-to the Committee on 'Pensions. By Mr. NUTTING: Of citizens of Cazenovia, N. Y. By Mr. HOPKINS: Petition of 500citizens of Massachusetts; also,· By Mr. POLAND: OfWilliam A. Chamberlainandothers, of Stock- of 500 citizens of Massachusetts; also, of 125 citizens of Massachusetts, bridge, Vt., and of F. ·H. Atherton and 300 others, of Waterbury, Vt. for the passage of the resolution introduced by Mr. HOPKINS relative By Mr. PARKER: Of citizens of Saint Lawrence County, New York. to the transportation of cattle-severally to the Committee onAgricult- By Mr. PAIGE: Of George L. Boult and others, of Medina, Ohio, ure. and of Thomas F. Wright and others, of C~eveland, Ohio. By Mr. B. W. JONES: Papers relating to the pension claim ofWill- By Mr. PHELPS: Of citizens of Passaic County, New Jersey. iam N. Wiggins-to the Committee on Invalid Pensions. By Mr. NELSON: Of citizens of Melrose and Utica, Minn. By· Mr. LORE: Petition of Joseph E. Vantine and 34 others, citi- By Mr. REED: Of citizens of Maine. zens of Delaware, for the passage of the Mexican war pension bill and By Mr. RIGGS: Of A. C. Morris and others; of William Elick and amendments-to the Committee on Pensions. others; of William F. Connor and others; of J. C. Weiser and others; By Mr. MAYBURY: Petition of citizens of Detroit, :Mich., relative of E. L. H. Barry and others, and ofS. H. Lambert and others. to the metric system of weights and meaaures-to the Committee on By Mr. W. F. ROGERS: Of citizens of Springville, Erie County, New Coinage, Weights, and Measures. York. By Mr. O'HARA: Papers relating to the claim of Furney Mercer- By Mr. SENEY: Of James Berrington and 100 others, of Crawford to the Committee on War Claims. . County; of B. A. Thomas and 84 others, of Rushville; of GeorgeS. Meyer By Mr. T. G. SKINNER: Papers relating to the claim of K. R. Pen- and 31 others, ofWyandotConnty; and ofW. P. Wilson and 120 others, dleton; also, papers relating to.the claim of Elisha Colbert-severally of Hancock County, all in Ohio. to the same committee. By Mr. C. R. SKINNER: Of 85 citizens of Black River, N. Y. By Mr. H. Y. SMITH: Petition of citizens of Adair County, Iowa, By Mr. A. HERR SMITH: · Of citizens of city and county of Lan- for the passage of the Mexican war pension bill and amendments-to the caster, Pennsylvania. Committee on Pensions. By Mr. STEELE: Of Nathan ;Erhman and 50 others, of Adams By Mr. STOCKSLAGER: Petitions of citizens of Medora, Ind.; also County, Indiana; of John Coughlin and 100 others, of La Gro, Ind.; of ofcitizensofSeymour, Ind., forthepassageoftheMexicanwarpension John W. Miller and 75 others, of Dunkirk, Ind.; of F. N. Kellogg bill and amendments-to the same committee. • and 90 others, of Bluffton, Ind.; of Thomas E. Ream and 50 others, By Mr. VANCE: Papers relating to the claim of Andrew J. Lafter- of Peru, Ind.; and of .Alfred 0. Briggs and 60 others, of Monroeville, to the Committee on Claims. Ind. By Mr. WARD: Petition of Henry C. Applegate and 33 others, for . By Mr. STRUBLE: Of Charles Isbell and 18 others, of Sioux Rapids, the relief of John Osborn-to the same committee. Iowa. .Also, two petitions of citizens of Indiana, for the passage of the Mexi- By Mr. WILKINS: Of Franklin Myers and 42 others, of Licking can war pension bill and amendments-severally to the Committee on County, Ohio. · Pensions. By Mr. W. L. WILSON: Of B. J. Davis and 61 others, citizens of By Mr. WEAVER: Petition of 125 citizens of Nebraska; also, of83 West Virginia. citizens of Nebraska, asking for the passage of the.Mexican war pension By Mr. VANCE: Of sundry citizens of Macon County, North Carolina. bill and amendments-severally to the same committee. By Mr. E. B. WINANS: Petition of JacobS. Smith, Abram Frick, and other citizens of Otisville, Mich.; also, of Silas T. Fern, Luman Beebe, and 100 other citizens of Oxford, Mich., for the passage of the HOUSE OF REPRESENT.A.~IVES. Mexican war pension bill and amendments-severally to the same com­ FRIDAY, mittee. Decenwer 12, 1884. By Mr. YAPLE: Petition of A. Vanderheyden, and 130 others, citi­ The House met at 12 o'clock m. Prayer by the Chaplain, Rev. zens of Three Rivers, Mich.; of David Bacon and 69 others, and of JOHN S. LINDSAY, D. D. Willirun H. Smith and 118 others, citizens of Niles, Mich. ; also, reso­ The Journal of the proceedings of yesterday was read and approv~. lutions of George H. Thomas Post, No. 14, Grand Army of the Republic, NEW ORLEANS EXPOSITION. Department of Michigan, for the passage of the Mexican war pension bill and amendments-severally to the same committee. · Mr. ELLIS. Mr. Speaker, I ask unanimous consent to offer for The following petitions, praying for the passage of the Mexican war present consideration the concurrent resolution which I send to the pension bill with Senate amendments, were presented and severally Clerk's desk to be read: · referred to the Committee ·on Pensions: • The Clerk read a.s follows: Whereas the Congress of the United States has been formally invited to attend . By Mr. BEACH: Of citizens of .Am,ity, Orange County, New York; the opening ceremonies of the World's Industrial and Cotton Centennial Exposi­ of Rockland County, New York; of Cornwall and Newburg, N.Y. tion t-o be inaugurated at New Orleans on Tuesday, December 16, 1884; and By Mr. BOUTELLE: Of Isaiah N. ¥erritt and 60 others, of Addi­ Whereas the exigencies of the public service prevent their attendance on said day; and son, Me. Whereas the President of the United States has decided to open said exposi­ By Mr. W. W. BROWN: Of 62 citizens an(! soldiers of Kane, McKean tion by telegraph and to start the machinery thereof by electricitrfrom the Ex­ County, Pennsylva.nia; of 61 citizens and soldiers of Potter County, ecutive Mansion in the presence of his Cabinet and the representat1ves of foreign powers; and . Pennsylvania; of91 citizens and soldiers of thesameplace; and of102 Whereas the Congress of the United States entertains for said exposition the citizens and soldiers of McKean County, Pennsylvania. best wishes and desires to lend to its su1.:cess its coudtenanne and good-will: Now, By Mr. J. M. CAMPBELL: Of citizens of Somerset, Pa. therefore, · Resolved ln! the House of Repruent{Jtives (the Senate concurr-ing herein), Th&t the By Mr. CARLETON: Of citizens ofPeckand New Baltimore, Mich. President of the Sena.\e, together with a committee of thirteen Senators, to be By Mr. DINGLEY: Of E. D. Heald and 50 others, of Bucldield, appointed by him, and the Speaker of the House, together with one Representa­ Me., and ofP. P. Getchell and 200 others, of Lewiston, Me. tive or Delegate from each State and Territory of the Union, t-o be selected by him, be requested to attend at the Executive Mansion on Tuesday, the 16th in­ By Mr. EATON: Of John Girard and others, of New Britain, Conn. stant, at 12.30 p. m., to witsess on behalf of the Congress of the United States By Mr. GREENLEAF: OfcitizensofMedina, N.Y., and of Medina, the opening of said exposition by the President, and to adopt and forward Rochester, &c., N.Y. thereto such address of congratulation as may seem appropriate to the occasion. By Mr. HA.RT: Of John Landon and 12~ others, Union soldiers of The SPEAKER. Is there objection to the present consideration of Ohio. the concurrent resolution? By Mr. HATCH: OfcitizensofKnoxandScotlandCounties, Missouri. There was no objection. By Mr. HAYNES: Of Samuel Walker and 54 others, of Suncook, Mr. ELLIS. I move its adoption. N. H., and of Charles A. Barrett and 161 others. The resolution was adopted.

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