lawful by the second section of the bill have assured prosperity or enforced disaster in instances almost beyond computation. This is all wrong, and I can but hope that we have reached a time when these things are to cease by command of law; and it is a cause of congratulation, and will so be regarded by the people, that this command is to be enforced by penal sanctions. In this regard the tenth section of the bill is comprehensive, and can but receive general public commendation. This section will make it the personal interest of all those who manage our transportation system to obey the law, and I here direct special attention to it by quoting it at length. It is as follows:

SEC. 19. That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, truste, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed $5,000 for each offense.

No

Taking this section in connection with the others I have noticed, it seems to me that the enactment of this bill will assure substantial reforms in the respects named, and, indeed, I may say that the general structure of the bill gives promise of an effective start in the matter of regulating the great subject of which it treats. It is not a harsh and vindictive bill, as some who will come under its regulative provision in the event of its enactment have alleged. In some respects it is not as radical as I would have wished; but I am willing to try it as it is, and therefore will vote for its passage. It does not seem to me that it will work the harm to the proper and legitimate interests of the carrier companies of the country that some seem to fear it will. one can be helped by doing injustice to them. Nor do the people ask that this shall be done. They recognize the helpful aid the railroads have given to the development and progress of the country, but they insist on the enactment of a law which will aid them in recovering some of their lost rights. They are willing that the railroad companies shall prosper and be reasonably paid for their service, but they will not recognize them as masters, for they know that they were created to be servants; and it may be set down as one of the things irrevocably resolved upon that the public demand which has induced the presence of this bill here will not cease until justice shall be intrenched in the transportation system of the country.

The progress made toward effecting the demand of the people for proper regulative legislation does not seem to have impressed itself in any considerable practical degree upon the minds of the railroad managers of the country. They have thus far defeated all efforts for such legislation. But they do not seem to have improved their methods. An illustration of this statement may be found in Iowa at this time relative to the agricultural interests of the State. The western portion of the State produced a large corn crop this year. The eastern part of the State had a very light yield of this cereal. The result is that corn is selling at a low price in the western part of the State. The farmers in the eastern section need this cheap corn to feed their stock; for they have horses, cattle, and hogs without number.

Do the railroad companies take these facts into account, and adjust

their rates to harmonize with these exceptional conditions? Not at all. On the contrary they go right on as though nothing out of the line of ordinary agricultural events had transpired in Iowa. On the 16th instant, corn was selling in Western Iowa at from 20 cents to 25 cents per bushel. In Chicago it was quoted at from 363 cents to 36} At Ottumwa, in Southeastern Iowa, the price was 40 cents to 42 cents per bushel. So that Western Iowa corn was selling in Chicago at from 3 to 6 cents cheaper per bushel than the Eastern Iowa farmer could buy it for use on his farm; and these conditions have existed from the day that corn crop matured down to the present time.

Mr. GEORGE. I should like to ask the Senator from Iowa to repeat that statement. It is a very important one, and I did not catch it

The PRESIDING OFFICER. There being no objection, the Senator from Iowa will proceed with his remarks on the conference report on the interstate-commerce bill.

Mr. WILSON, of Iowa. Mr. President, when this interruption occurred I understood the Senator from Mississippi to ask me to repeat the statement I had made relative to the conditions existing in Iowa, as he said he had not distinctly heard my remark.

Mr. GEORGE. I made that request.

Mr. WILSON, of Iowa. I had stated that somewhat péculiar conditions were existing in Iowa with respect to the agricultural interests in this, that in the western part of the State an abundant corn crop had been the result of the season; that in the eastern part of the State it had been practically or largely a failure, and that the corn of Western Iowa was needed for the use of the farmers of Eastern Iowa. Then I gave an illustration of the unjust effect of the transportation rates by saying that on the 16th of this mouth corn was selling in Western Iowa at from 20 to 25 cents per bushel, in Chicago it was quoted at from 362 to 36 cents a bushel, while at Ottumwa, in Southeastern Iowa, the price was 40 to 42 cents per bushel. So that Western Iowa corn was selling in Chicago at some 3 to 6 cents less than the Eastern Iowa farmer could buy it for use on his farm to feed his stock; and these conditions have existed from the day that that corn crop matured down to the present time.

What results have we from this state of facts? Why, that the farmers have been forced to sell their horses, cattle, and hogs in a depressed market, and at whatever prices they could get.

From iowa newspapers I learn that this subject was brought to the attention of the railroad companies. At a meeting of the Live-Stock Breeders' Association, held in the State, the subject was acted on by the adoption of the following preamble and resolution, namely:

Whereas, on account of the unparalleled drought, the farmers in Eastern and Central Iowa have a surplus of stock, while Western Iowa and Nebraska have a surplus of corn; and

Whereas the present railroad tariff is driving to Chicago corn that is greatly needed at home: Therefore,

Be it resolved, That we respectfully ask the railroads running through Iowa to reduce their local freight rates, that farmers may be able to obtain grain to feed out their stock.

This action has produced no result. Prices range at about the same figures I have already stated, and the depression of agricultural interests continues, and this in face of the fact that the railroad companies could have extended relief without hurting themselves. If they had given the farmers of Eastern Iowa even the Chicago rate on Nebraska and Western Iowa corn, they would have tided them over the present

exceptional period of depression and loss. Can there be a more suggestive illustration of the absence of the element of common sense in business management than these facts present? But this is only one illustration out of scores and even hundreds that might be cited; and while these things are practiced we may be sure that the demand for regulative legislation will not lower its tone nor reduce its exactions. Let us give the response which the bill of the conference committee presents. We will then have practiced the virtue of action, and the future will tell us whether we have done too much or too little. If we make mistakes in either the one direction or the other, we will learn which it is and to what extent. We will then have knowledge which comes from experience. This is a surer guide than all of the theories which perplex the subject of which this bill treats can give to us. For ten years and more we have debated; now let us act.

Mr. CAMDEN. I now make the inquiry as to what position this bill will occupy if it is allowed to go over until after the adjournment. In making this inquiry I would remind the Senator [Mr. CULLOM] in charge of the bill of the fact that two years ago a commission was appointed to investigate and report to Congress on this subject; that they made a very elaborate and able report after spending much time and labor on the subject. This report and the bill before Congress at the last session occupied a very large portion of the time of the session. That bill was matured and passed after due deliberation, and went to a conference committee of the two Houses. The conference committee has reported what I conceive to be a very wise and conservative bill on this subject.

The country demands the passage of some bill. The country demands relief on the questions involved in this bill, which it is the duty of Congress to act upon. This is the short session. A very large proportion of the time of the session after the holidays will be taken up in the consideration and passage of the appropriation bills which have the right of way over all other bills brought before the Senate. I wish in making this inquiry to remind the Senator in charge of this bill of the fact that unless this bill is acted upon promptly and in the early part of the session it is likely not to be acted upon at all, and will go over for want of time.

Mr. CULLOM. The Senator suggests a point which I appreciate evry fully. I desire to say that my own preference would be to proceed with the consideration of this bill until the last hour before the recess, in the hope that we might get it disposed of; but there has seemed to be so unanimous a desire that the bill should not be pressed for consideration at this time in view of the fact that we adjourn to-morrow for the holidays, many Senators desiring to go home this evening, that I thought it wise and proper only to ask for the consideration of the bill to-day that the Senator from Iowa might make his remarks upon the subject.

I desire to add now that I appreciate the fact that we can very easily allow this bill to fail for want of time; but so far as I am concerned it shall not fail if I have the power to prevent it in the Senate. I shall ask the Senate to again resume the consideration of the report of the committee of conference after the Senate resumes its session, and shall insist upon its consideration from day to day until it is disposed of. Mr. HARRIS. Immediately on the reassembling of the Senate? Mr. CULLOM. Immediately on the reassembling of the Senate after the recess.

Mr. PLATT. That is January 4.

Mr. CULLOM. I believe we have voted to take a recess until the 4th of January. I hope that Senators will be prepared, if they desire to make any remarks upon the subject, to make them without delay, so that we can get a vote upon the question as early as possible.

As I said some days ago, this is the short session; we have been upon this subject now for eight or ten years, those of the Senators who have been here that long, and we have never before come so near to the point of agreeing upon a bill as we seem to be to-day, and I hope that we may be able to pass this bill through the Senate and let it go to the other House for consideration there very early after the Senate resumes its session in January. With these remarks I have no disposition to press the consideration of the report further until after the recess of the Senate.

Mr. CAMDEN. I have but one word further to say in regard to this matter.

I can appreciate that, as the Senate will adjourn to-morrow for the holidays, there will be no opportunity of giving adequate consideration to this bill before that time, and probably no delay will arise if we have the distinct understanding that immediately upon the reassembling of Congress after the recess this bill will be taken up and pressed for consideration. That I understand to be the intention and desire of the Senator having the bill in charge, and I have no doubt that understanding will be satisfactory.

The PRESIDENT pro tempore. The hour of 2 o'clock having arrived, the Chair lays before the Senate the unfinished business, being the bill (S. 372) to establish agricultural-experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2. 1862, and of the acts supplementing thereto.

Mr. CULLOM. I move that the conference report on the bill (S. 1532) be now taken up for consideration.

The PRESIDENT pro tempore.

The Senator from Illinois moves that the conference report on the interstate-commerce bill be now taken up.

The motion was agreed to; and the Senate proceeded to consider the report of the committee of conference on the disagreeing votes of the two Houses upon the bill (S. 1532) to regulate commerce.

Mr. CULLOM. Mr. President, when the conference report was made by the committee the report was not read in full. I only desire to call the attention of the Senate to that fact, but I do not propose at this moment to have it read, as the Senator from Connecticut [Mr. PLATT] is prepared to address the Senate on the subject, and I will waive the reading for the present.

Mr. PLATT. Mr. President, the utterances of Senators in this Chamber are so liable to be misunderstood, I will not say misrepre sented, that I takeoccasion to say before proceeding with my remarks, and to say it with what emphasis I may, that I am in favor of legislation for the regulation of the business of the railroads of the country within the extreme limits of the Constitution, which I understand to be for the regulation of that portion of the business done upon the railroads of the country which comes within the definition of interstate commerce." I wish that it were so that Congress had power to go further in the subject of railroad legislation.

More than that: I am in favor of this bill with one exception. I have labored earnestly, with what diligence I might, conscientiously, to endeavor to perfect the bill and to assist the chairman of the committee and the other members of the committee in coming to conclusions upon this subject, and I am ready to agree with the report of the conference committee upon all the points except the one to which I shall call the attention of the Senate.

It is not a question of whether we shall legislate for the regulation of interstate commerce transacted by railroads, but it is a question of how we shall legislate. It is a vast and complicated subject that we deal with, vaster and more complicated, I think, than any one apprehends until he has made a careful and exhaustive study of the subject. The very fact that there were moved upon the railroads of the United States in the year 1885, 437,000,000 tons of freight, a very large proportion of which, I suppose 60 per cent. at least, came under the definition of interstate commerce, the fact that the entire receipts of the railroads of this country in the year 1885 were $765,000,000, a sum more than twice as great as the entire income of the Government, of which $519,000,000 were from freight receipts alone, shows how vast the question is. How complicated it is no one can ever know except those who have been practically engaged in the operation of railroads.

The basis upon which we must legislate, as it seems to me, is simple. The justification for legislation is that the railroad business, unlike other business, is of a mixed nature. It is partly private business and partly public business. I think that we should refrain as far as possible from legislating to affect purely private business in this country. But when a private business is charged with a public use," as the phrase is, when the railroad undertakes to discharge a public duty as well as to conduct its private business. it is eminently proper and necessary that there should be legislation to make sure that the public business is conducted for the public welfare; that its public duty is faithfully discharged, and that no abuses are allowed to exist.

I said the basis of legislation was simple. It should be the enforcement of the common law-that, and nothing more. Congress may not justify itself, in my judgment, in stepping outside of the well-defined principles of the common law in legislation. Those principles affecting interstate railway business have had a growth of centuries. They provide the remedy for every difficulty which can arise in the operation of railroads. The application of those principles to every evil or abuse which can be charged against railroads and railroad operations will solve the difficulty and remedy the evil. The difficulty is only in the application.

So then, I think, we should confine our legislation to the enforcement of the common law. That is simple. It is only this; it can be expressed in a word: The rates charged by common carriers must be reasonable, and such carriers must only charge like rates for like services. That is all. It has been the intention of this committee to confine legislation within these limits. A careful study of the bill as

it was passed by the Senate will show that we did not go outside of those limits, that we undertook to make no new law for the regulation of railroads and the business of railroads and interstate commerce in this country, but that we did undertake to hold the railroad management of this country up to the strict letter of the common law.

We did this intentionally. We did it because in the light of experience in this and other countries we believed that that was the best method of dealing with the railroad problem, because those State Leg