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bill, except that it puts the maximum of the fine which may be imposed at the sum of $5,000 instead of $2,000, as was provided for by the House bill.

The eleventh and subsequent sections to the twenty-first, inclusive of the substitute bill, contain the substance of the Senate's bill providing for a commission, except as modified by the provisions of the substitute bill herein recited. It provides for a commission to consist of five persons whose term of office shall be for six years, except for the first appointments, which are to be for two, three, four, five, and six years. The members of this commission are to be appointed by the President by and with the advice of the Senate. Their principal office shall be in Washington, but they may hold sessions at other places than Washington, and a single member of the commission may take testimony anywhere, as may be directed by the commission.

These commissioners have salaries of $7,500 each. The commission has the power to appoint a secretary, with an annual salary of $3,500, and has authority to employ and fix the compensation of such other employés as it may find necessary to the proper performance of its duties, subject to the approval of the Secretary of the Interior.

The nineteenth section of the Senate's bill, providing for a reference of the question of pooling to the commission, is not embraced in this substitute.

Section 22 of the substitute bill, among other things, provides that nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but that the provisions of this act are in addition to such remedies, with a proviso that no pending litigation shall in any way be affected by this act.

Section 24 of the substitute bill provides that the act shall go into effect sixty days after its passage, as in the opinion of your committee it was deemed best to give the railroads sufficient time to prepare their schedules and to modify their mangement in accordance with the provisions of this bill. The appoint ment of the commission, however, is to be made at once, as it has to be organized, and as said schedules of rates and charges have to be filed with said com. mission.

J. H. REAGAN,

CHARLES F. CRISP,

A. J. WEAVER, Managers on the part of the House.

MONDAY, JANUARY 17, 1887.

*

Mr. TOWNSHEND.

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I call up the unfinished business of last suspension day, being the bill reported from the Committee on Patents. Mr. CRISP. I desire to ask the House to consider the conference report on the interstate-commerce bill.

Mr. TOWNSHEND. I am in favor of this, but not until this other matter is disposed of.

The SPEAKER. The gentleman from Georgia [Mr. CRISP], as a matter of privilege, calls up the conference report on the interstate-commerce bill. The Clerk will read the title of the bill.

Mr. ANDERSON, of Kansas. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it.

Mr. ANDERSON, of Kansas. This is suspension day and the general understanding has been that the pension bill would be called up. Now if the House goes into Committee of the Whole on the interstatecommerce bill, will not that necessarily drive over the general pension bill?

The SPEAKER. The House does not go into Committee of the Whole on the interstate-commerce bill. There is a conference report on that bill, and that, under the rules of the House, is a matter of the highest privilege. If the House refuse to consider it, or if the House complete the consideration of the conference report, then the motion to suspend the rules will be in order. The third Monday in the month is not set apart for the suspension of the rules. The rules simply provide that it shall be in order on that day to move to suspend the rules.

Mr. ANDERSON, of Kansas. If the House refuse to consider the conference report, then we can get at the pension bill?

The SPEAKER. It is for the House to say. When any privileged matter is presented the House must decide whether it will consider it

or not.

Mr. ANDERSON, of Kansas. eration.

Then I raise the question of consid

Mr. TOWNSHEND. Mr. Speaker, I rise to a parliamentary inquiry. Mr. RANDALL. I object to debate.

The SPEAKER. Debate is not in order.

Mr. TOWNSHEND. I rise to a parliamentary inquiry.

If the

conference report is taken up and the day is consumed in the consideration of it, will not that compel the unfinished business of last suspension day to be postponed for one month?

The SPEAKER. As a matter of course.

Mr. TOWNSHEND. And I desire to inquire further whether the censideration of this conference report is not in order on any day after this?

Mr. MATSON.

The SPEAKER.

I desire to raise the question of consideration.

It has been raised by the gentleman from Kansas [Mr. ANDERSON]. The Clerk will report the title of the bill. The Clerk read as follows:

A bill (S. 1532) to regulate commerce.

Mr. PETERS. I rise to a parliamentary inquiry.

The SPEAKER. The gentleman will state it.

Mr. PETERS. I desire to ask what committee will be next in order under the call.

The SPEAKER. The Committee on Patents was called, and the bill was under consideration.

Mr. PETERS. What will be the next committee in order.
Several MEMBERS. Regular order!

The SPEAKER. The Committee on Invalid Pensions. The ques-
tion is, Will the House now proceed to consider the conference report?
Mr. ANDERSON, of Kansas. I demand the yeas and nays.
The yeas and nays were ordered, 53 members voting in favor thereof.
Mr. CUTCHEON. Mr. Speaker, I rise to a parliamentary inquiry.
The SPEAKER. The gentleman will state it.

Mr. CUTCHEON. This conference report, as I understand, is a matter of privilege which may be brought up on any other day. The SPEAKER. The Chair has already stated that.

The question was taken; and there were-yeas 113, nays 137, not voting 69; as follows:

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YEAS-113.

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Barksdale,

Barnes,

Belmont,

Crisp,

Bennett,

Croxton,

Blanchard,

Culberson,

Bland,

Daniel,

Halsell,

Blount,

Dargan,

Hammond,

Boyle,

Davidson, A. C.

Harris,

Bragg,

Davidson, R. H. M.

Hatch,

Breckinridge, WCPDibble,

Breckinridge, C. R. Dawson,

Hemphill,

Burnes,

Dougherty,

Cabell,

Dunn,

Caldwell,

Eden,

Hutton,

Irion,

Catchings,

Ellsberry,

Henderson, J. S.

Herbert,

Johnston, T. D.

Mills,

Morrison,
Murphy,
Neal,
Norwood,

McRae,

Merriman,

Miller,

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So the House refused to consider the report.

The following named members were announced as paired until fur

ther notice:

Mr. SNYDER with Mr. BUCHANAN.

Mr. REAGAN with Mr. HISCOCK.

Mr. PIDCOCK with Mr. GILFILLAN.

Mr. KING with Mr. BROWNE, of Indiana.
Mr. MORGAN with Mr. ZACH. TAYLOR.
Mr. WILSON with Mr. MCCOMAS.

Mr. MITCHELL with Mr. WHITING.

Mr. CANDLER with Mr. WEST.

Mr. Cox, of New York, with Mr. PAYSON.

Mr. REESE with Mr. WEAVER, of Nebraska.
Mr. SPRIGGS with Mr. HOUK.

Mr. COMPTON with Mr. STEWART, of Vermont.

Mr. FORNEY with Mr. PAYNE.

The following named members were announced as paired for this day:

Mr. ROBERTSON with Mr. SESSIONS.

Mr. ERMENTROUT with Mr. HARMER.

Mr. GIBSON, of West Virginia, with Mr. PETTIBONE.

Mr. MULLER with Mr. LAIRD.

Mr. FELIX CAMPBELL with Mr. BINGHAM.

Mr. LOWRY with Mr. HANBACK.

Mr. BARRY with Mr. JACKSON.

Mr. GEDDES with Mr. HENDERSON, of Illinois.

Mr. STONE, of Kentucky, with Mr. JAMES.

Mr. DOCKERY with Mr. BURLEIGH.

The result of the vote was announced as above stated.

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Mr. CRISP. I ask unanimous consent that the reading of the report of the conference committee be dispensed with. It has been printed in the RECORD by order of the Senate, and again printed in the RECORD by order of the House. I have no doubt it is familiar to members; and any gentleman desiring to do so can send for a copy in document form, and have it before him as we go on with the consideration of the bill. In the interest merely of economy of time I ask unanimous consent to dispense with the reading of that report.

Mr. O'NEILL, of Pennsylvania. The gentleman from Georgia will permit me to say I do not desire to have any time consumed simply for the purpose of consuming time, but I think it best that this report should be read. It will not take more than fifteen minutes to read it. TheSPEAKER. The gentleman from Georgia asks unanimous consent dispense with the reading of the report of the conference committee, it having already been printed in the RECORD. Is there objection?

Mr. DUNHAM. I do not care to have the bill read, but I think the report ought to be read. The report of the conferees is all that I desire to have read.

Mr. CRISP. I do not ask to dispense with reading the explanatory statement of the conferees, but only the formal report of the committee. Mr. DUNHAM. It is the detailed statement of the conferees that I desire to have read.

Mr. CRISP. I have not asked to dispense with the reading of that. The SPEAKER. In the absence of objection, the reading of the conference report will be dispensed with, and the explanatory statement of the conferees will be read.

The Clerk read as follows:

STATEMENT OF CONFEREES ON THE PART OF THE HOUSE.

[Required by Rule XXIX.]

The House conferees on the disagreeing votes between the two Houses or the bill of the Senate "to regulate commerce," and the bill of the House "to regulate commerce among the States, and prevent unjust discrimination by common carriers," make the following detailed statement of the changes between the House bill and the substitute herewith appended:

The action of the House being to adopt a single amendment, your committee. without attempting to call attention to the precise changes made in each sec tion of the bill, report to the House the substance and effect of the changes made, as follows:

The bill of the House applied only to the transportation of freight, and the bill as adopted embraces the transportation of passengers as well as freight.

The bill of the House was limited to the regulation of such transportation on railroads. The bill as reported provides for the regulation of the transportation of property partly by railroad and partly by water, when both are used under a common control, management, or arrangement, for a continuous carriage or shipment from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia.

The bill which we report defines the term "railroad" as used in it, to include all bridges, ferries used or operated with any railroad, which is in addition to the provisions of the House bill.

The second section of the substitute bill adopts substantially the provisions of the House bill against discrimination by special rates, rebates, drawbacks, and other devices, and declares that any one making such discrimination shall be guilty of unjust discrimination, which is hereby prohibited and declared unlawful.

The third section of the substitute embraces substantially the provisions of the bill of the House, in requiring equal facilities and advantages for all shippers, without exception, and has a provision requiring equal facilities for the interchange of traffic with all other railroads for the carriage of property and passengers, and forbids any discrimination by one railroad in the facilities furnished against any other railroad. It contains a clause declaring that this act shall not be construed as requiring such common carrier to give the use of its tracks or terminal facilities to any common carrier engaged in like business. The fourth section adopts substantially the provisions of the House bill on the long and short haul, with the following proviso: That upon application to the commission appointed under the provisions of this act such common carrier may, in special cases, after investigation by the commission, be authorized to charge less for a longer than for a shorter distance for the transportation of passengers and property, and that the commission may, from time to time, prescribe the extent to which such common carrier may be relieved from the operation of this section.

The fifth section of the substitute bill is a copy of the clause in the House bill prohibiting pooling, with an amendment striking out the words of the House bill by dividing," and inserting in lieu thereof the words "or to divide," and with the addition of the words in line 3, after the word “combination,” “with any other common carrier or carriers."

The sixth section is a substitute for the provisions of the House and Senate bills in relation to the publication of schedules showing the rates, fares, and charges for the transportation of passengers and property. Instead of requiring the rates to be posted up, as was provided in the House bill, it requires that, after ninety days from the passage of the act, every common carrier subject to its provision shall have printed and keep for public inspection schedules showing such rates, fares, and charges, and, in addition to requiring the railroads to give publicity at all of the depots on their several lines, it gives authority to the commission, where it is proper and necessary to require them to give publicity to their rates to other places beyond the lines of their several railroads. It also provides that the rates, fares, and charges shall not be raised except after ten days of public notice, but that they may be reduced without previous public notice; the notice, however, shall be simultaneous with the reduction itself, and it requires that all common carriers subject to the provisions of this act shall file with the commission provided for in the bill copies of the schedules which have been established, and shall promptly notify said commission of all changes made in the same; and that they shall file with the commission copies of all contracts, arrangements, or agreements with other common carriers in relation to traffic affected by the provisions of this bill; and in cases where passengers and freights pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges of such contin

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