or decree in the premises, final or otherwise, such court shall be always open, and the day on which any such order or decree is made shall be a special term of such court. Upon the service and return of such order to show cause, and notice to the parties interested, such court shall proceed in a summary manner to ascertain whether the said report and findings are true, but shall presume such report to be true until the contrary is made to appear; and whenever said court shall be of opinion that such company has done or is doing any act in violation or contravention of this act in said report and findings described, it shall so adjudge; and it then shall be the duty of said court forthwith to issue a writ of injunction requiring such railroad company to desist from such violation, and in respect of the matters in said report contained to conform to and obey all the provisions of said act. Such court may enforce obedience to any such injunction, order, or decree, by any person or party, by fine, proceedings for contempt, and all other means within its lawful jurisdiction sitting as a court of equity. Any person interested to restrain such violation may, on application to the court, be allowed to appear and be heard, by himself or counsel; and upon proof that any district attorney has failed in any proper case for the period of ten days to apply for such order to show cause, the court may permit such application to be made and prosecuted to effect by or in behalf of any person so interested. Such court may, in its discretion, award or deny costs to any party to such proceeding. In any case where the court shall adjudge that the violation of this act by any company has been willful, or continued after notice to desist therefrom, the court may award to any party injured such a gross sum by way of costs as will reimburse all his costs, charges, expenses, counsel fees, and disbursements, to be paid by such company.

SEC. 12. That the commission may make, and from time to time amend, such general orders as may be requisite for the order and regulation of proceedings before it, including all forms for proceeding, notices and the service thereof, and for the prescribing, directing, or regulating any matters authorized by this act. All the proceedings before said commission shall be upon reasonable notice to all parties interested, and such forms shall conform as nearly as may be to those in use in the courts of the United States. Any party may appear and be heard in person or by attorney.

SEC. 13. That for the purposes of this act the commission shall, subject as in this act mentioned, have full power to ascertain and report upon all questions of fact arising under this act, and in all subsequent proceedings their findings shall be taken as prima facie true, and shall also have the powers following:

(a) They may, by subpoena or order to be served by a person by them authorized, require the attendance of witnesses, and of all such persons as they think fit to call before them, or before any person by them authorized to prosecute an inquiry.

(b) They may require the production of all books, papers, and documents relating to any matter before them, and to that end may invoke the aid of any court of the United States.

(c) Either of them may administer oaths and affirmations.

SEC. 14. That the principal office of the commission shall be in the city of Washington, where its general sessions shall be held and its records and archives be deposited. Whenever the convenience of the public or of the parties may be promoted, or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. It may, by one or more of the commissioners, or one of the persons named in the ninth section thereof, or by any person specially appointed by the commis sion, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact, and may specially delegate to

the officer or person conducting such inquiry such powers to that end as are by this act conferred upon the commission and may be deemed necessary. Every vote and official act of either of the commissioners shall be entered of record. The commission may conduct its proceeding in such a manner as will most conduce to the dispatch of business and to justice; they may sit together or separately, and either in private or public, but any proceeding before them shall be public upon the request of either party thereto; and a majority of said commission may determine any question submitted. The commission shall prescribe a railroad year, and a system of reports covering said year to be rendered by railroad companies; examine the books and accounts of said companies at such times as may be deemed by them necessary; see that all United States laws relating to said companies are enforced; furnish such information to the several Departments of the Government, or the Government directors of any of said railroads, in regard to the tariffs of fares and freight, or the accounts of said railroads, as may be required of them or as they may deem expedient; make an annnal report of their doings to Congress on or before the first day of January of each year; and otherwise endeavor to procure the data necessary to the gradual enactment of an intelligent system of national legislation regulating inter-State railroad commerce.

SEC. 15. That the Secretary of the Interior shall provide suitable offices and a room for the public sessions of the commission in the city of Washington. Witnesses summoned before the commission shall be paid the same fees as witnesses in the Federal courts, and depositions de bene esse and under commission may be taken to be used before the commission in the same manner and upon the same conditions as in such courts. The salaries and expenses of the commission shall be provided for, audited, and paid in the same manner as the salaries of judges and other judicial expenses.

SEC. 16. That said board of commissioners shall inquire into that method of railroad management or combination known as pooling, and state the result of their inquiry in their first annual report, and whether, in their judgment, any, and if so, what, legislation is expedient in relation thereto. SEC. 17. That nothing in this act shall apply to the carriage, storage, or handling of property wholly within one State or Territory and not destined for continuous carriage beyond such State or Territory, or to property carried for the United States, or to the transportation of persons or articles free or at reduced rates for State or municipal governments or for charitable purposes, or to or from public fairs and expositions for exhibition therent.

SEC. 18. That in the construction of this act the phrases "railroad corporation" and "railroad company" shall be held to be synonymous, and to signify a corporation which either owns or operates a railroad as aforesaid, and shall include receivers, lessees, and trustees operating railroads, and all persons named in the first section of this act. The word "person" in this act includes plurality of persons, corporate and incorporate, and all persons in any manner engaged in inter-State railway commerce in whatever capacity, whether as principals, agents, or employés.

SEC. 19. That the sum of forty thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the uses and purposes of this act for the fiscal year ending June 30, A. D. 1885, and the intervening time anterior thereto.

And the question being put, viz:

Shall the bill be recommitted with said instructions?

It was decided in the negative, Nays

(Yeas..

92

132

Not voting

99

nays being desired by one-fifth of the members present,

So the House refused to recommit the bill with the said instructions. The previous question was then ordered,

The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are

Mr. Reagan moved to reconsider the vote last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Mr. Reagan moved to amend the title so as to read as follows, viz: "A bill to regulate inter-State commerce, and to prohibit unjust discriminations by common carriers";

Pending which,

Mr. Reagan demanded the previous question; which was ordered, and under the operation thereof the amendment submitted by Mr. Reagan was agreed to, and the title as thus amended was also agreed to. Ordered, That the Clerk request the concurrence of the Senate in the said bill.

Mr. Townshend moved that the morning hour for the call of commit. tees for reports be dispensed with; which motion was disagreed to, two-thirds not voting in favor thereof.

The Speaker, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting report from Lieutenant-Colonel H. M. Roberts, Corps of Engineers, of results of survey of the mouth of the Saranac River, Plattsburg, New York; which was referred to the Committee on Rivers and Harbors and ordered to be printed.

Mr. Lowndes H. Davis, as a question of privilege, called up the report of the Committee on Elections in the contested-election case of Craig vs. Shelley, from the fourth Congressional district of the State of Alabama, the pending question being upon the adoption of the following resolutions reported from the said committee, viz :

Resolved, That Charles M. Shelley was not elected a Representative to the Forty-eighth Congress from the fourth district of Alabama, and is not entitled to a seat in said Congress.

Resolved, That George H. Craig was elected to the Forty-eighth Congress from the fourth district of Alabama, and is entitled to a seat in said Congress.

When

Mr. Robertson raised the question of consideration;
And the question being put, viz:

Will the House now consider the said report?

It was decided in the affirmative.

So the House decided to consider the said report, and accordingly proceeded to its consideration.

After debate,

Mr. Lowndes H. Davis demanded the previous question; which was ordered, and under the operation thereof the said resolutions reported from the Committee on Elections were agreed to.

Mr. Hart moved to reconsider the vote last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Mr. George H. Craig thereupon appeared and, having taken the oath