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the same political party. No person in the employ of, or holding any official relation to, any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any way pecuniarily interested therein, shall enter upon the duties of or hold such office. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners io exercise all the powers of the commission.
SEC. 12. That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it was created; and for the purposes of this act the commission shall have power to r quire the attendance nd testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.
And any of the circuit courts of the United States within the jurisdiction of which such inqniry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such iestimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.
SEC. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus inade shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the commission to investigate the matters complained of in such manner and by such means as it shall deem proper.
Said commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any siale or Territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same etfect as though complaint had been made.
No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
SEC. 14. That whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the commission are based, together with its recommendation as to what reparation, if any.should be made by the common carrier to any party or parties who may be found to have been injuredl; and such findings so made shall thereafter, in all judicial proceedings, be deemed primı faci evidence as to elchind every fuet fomd.
All reports of investigations inade by the cominissjon shall be enterer of record, and a copy thereof shall be furnished to the party who may bave complained, and to any common carrier that may hưe been complained of.
SEC. 15. That if in any case in which an investigation shull be made by said commission it shall be made to appear to the autistaction of the commission. either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this sct, or of any law cognizable by said commission, by any common carrier, or that any injury or damage has been sustained by the parti or parties conpituing, or by other parties apgrieved in consequence of any such violation. ii sha!! lve the duty of the commission to forth with cause a copy of its report in repeat thereto to be delivered to such common carrier, together will: a notice to suid common carrier to cease sud desist from such violation, or to make reparation for the injury so found w have been done, or boll, within a relo11. , to by specja fied by the commission; and is within the time specifie 1. hall 1. maile to appear to the commission that wilch common arrier liga (*2wpood from ench vi
lation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commission, or to the satisfaction of ihe party complaining, a statement to that effect shall be entered of record by the commission, and the said cominon carrier shall thereupon be relieved from further liability or penalty for such particular violation of law.
SEC. 16. That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate or refuse or neglect to obey any lawful order or requirement of the commission in this act named. it shall be the duty of the comunission, and lawful for any company or person interested in such order or requirement, to apply, in a summary way, by petition, to the circuit court of the United States siiting in equity in the judicial district in which the common currier complained of has its principal office, or, in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, its the case inay be; and the said court shall hate power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall cleem reasonable: and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the matter speedily as a court of equity and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such mamer as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said commission shall be prima facie evidence of the matters therein stated : and if it be made to appear to such court, on such hearing or on report of any such person or persons, that the lawful order or requirement of said commission drawn in question has been violated or disobeyed, it shall be lawful forsuch court to issue å writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to is ue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and suid court may, if it shallthink tit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of $500 for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or inte> court iv abide the ultimate decision of the court, or into the Treasury; and payment thereof my, without prejudice to any other movie of recovering the same, be enforced by attachment or order in the nature of a writ of exaention, in like mamer as if the same had been recovered by a final decree in personam in such court. When the subject in dispute shall be of the value of 2.000 or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same rrgulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees ils shall be deemed reasonable. Whenever any such petition shall be filed or presented by the commission it shall be the duty of the district attorney, undertne direction of the Attorney-General of the United States, to prosecute the same: and the costs and expenses of such prostoution shall be paid out of the appropriation for the expenses of the couris of the Cnited States. For the purposes of this act, excepting its penal provisions, the «ircuit courts of the tinited States shall be deemed to be always in session.
SEC. 17. That the commissiou may conduct its proceedings in such maneras will best conduce to the proper dispats lof business and to the ends of justice. A majority of the commission shallconsintea quorum for the transaction of business, but no commissioner shall participate in any bearing or proceding in which he has any pecuniary interest. said commission may, from time to time, make or amend suih general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the serv. ice thereof, which shall conform, its nearly as may be, to those in use in the courts of the United States. Any puriy may appear before said commission and be heard, in person or isy attorney. Every vote and official act of the commis sion shall be entereil of record, and its proceedings shl be publie upon the request of either party interested. Said commission shall have an ofliciul seal, which shall be judicially noticed. Either of the members of the commission may administer oaths and affirmations.
SEC. 18. That each commissioner shall receive an anuual salary of $7,500, payable in the same manner as the salaries of judges of the courts of the United States. The commission shall appoint a secretary, who shall receive an annual salary of $3,500, payable in like manner. The commission shall have 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 commission shall be furnished by the Secretary of the Interior with suitable offices and all necessary office supplies. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Allof the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners, or by their employés under their orders, in making any investigation in any other places than in the city of Washington, shall be allowed and paid, on the presentation of itemized vouchers therefor approved by the chairman of the commission and the Secretary of the Interior.
SEC. 19. That the principal office of the commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the 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, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.
SEC. 20. That the commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same: the dividends paid, the surplus fund, if any, and the number of stockholders: the funded and floating debts, and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment: the number of employés, and the salary paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements, the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such information in relation to rates or regulations, concerning fares or freights, or agreements arrangements, or contracts with other common carriers, as the commission may require: and the said commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.
SEC. 21. That the condicion shall, on or before the 1st day of December in each year, make a report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other reports issued from the Interior Department. This report shall contain such information and data collected by the commission as may be considered of value in the determination of questions connected with th regulation of commerce, together with such recommendations as to additional legislation relating thereto as the commission may deem necessary.
SEC. 22. That nothing in this act shall apply to the carriage, storage, or bandling of property free or at redued rates for the United States, State, or munici. pal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets; pothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employés, or to prevent the prineipal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employés; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act.
SEC. 23. That the sum of $100,000 is hereby appropriated for the use and purposes of this act for the fiscal year ending June 30, A, D. 1888, and the intervening time anterior thereto.
SEC. 24. That the provisions of sections 11 and 18 of this act, relating to the appointment and organization of the commission herein provided for, shall take effect immediately, and the remaining provisions of this act shall take effect sixty days after its passage.
S, M, CULLOM,
ISHAM G. HARRIS,
JOHN H, REAGAN,
A. J. WEAVER,
Managers on the part of the House. Mr. INGALLS. Mr. President, the report of the committee of con. ference on the interstate commerce bill now lies on the table, and I understand according to the practice of the Senate it is subject to be called up at any time. It is unquestionably the most important subject that has been before this session of Congress, and in its bearings upon commerce hereafter is entitled, I think, to very deliberate and free discussion. I have not had the opportunity of examining the report, but I understand that several of the positions that were taken by the Senate, after protracted debate, have been abandoned by the report of the committee of conference, and I think there ought to be some definite understanding now as to the time when this report is to be called up for consideration. And if I am authorized, or can obtain the floor for that purpose now, I wish to submit a motion that the consideration of this report be postponed until the second Monday in January next, which will be a few days after the ordinary reassembling of Congress for the customary holiday recess.
Mr. CULLOM. I gave notice that I would not call up the report during this week, and not until Monday or Tuesday of next week. In the mean time it will be printed, so that every Senator will have an opportunity to see what it is. If, when the time comes for calling it up, it is the judgment of the Senate that it can not be considered before the holidays, or only in part, so far as I am concerned I shall not be disposed to undertake to crowd the measure through the Senate before giving the Senate ample time for proper consideration. But it seems to me that the Senator's motion could be made on Tuesday of next week, when I shall hope to call the report up, if it shall be determined in the mean time to call it up on that day. It may be that the circumstances of the Senate will be such that I shall determine not to call it up until after the holidays, but I prefer now to give notice to the Senate that on Tuesday next at 2 o'clock I will call it up for consideration. When that time comes, if the Senator insists or thinks it ought to be postponed he can make his motion at that time. I think that would be the better course.
Mr. INGALLS. I presume that we all know now as well as we shall on Tuesday next that this bill and the report of the committee of conference will not be finally acted upon before the 1st of January.
Mr. CULLOM. I do not know whether that is so or not. Nobody knows.
Mr. INGALLS. My impression is that we do know that the questions nvolved are of such magnitude and importance that the action of the committee of conference, if I am correctly informed, has been so in opposition to the expressed determination of the Senate upon some very important points involved in this subject, that with the waning numbers that are liable to occur from this time onward there is no human likelihood or probability that this matter will be considered before the 1st day of January.
The Senator from Illinois says it is not certain that we shall have a holiday recess. Of course it is not, but it is more than probable; and it is certain that, whether there is oneor vot, the members of this body will in large numbers depart during that festal season. On Tuesday next it is more than likely that I shall be absent myself. I know others intend to be; and therefore I say it is wise and just and proper, and in accordance with justice, that this great measure should not be left hanging up in the atmosphere in this way: that we should all be enabled to see definitely that nothing will be done about it until after there has been time for debate and consideration, which will not occur before the first day of January.
I wish, therefore, the Senator from Illinois--and I can not conceive his reason to be contrary-would consent, for the convenience of us all, for the advantage of debate which will occur in the public prints and elsewhere that we may be enlightened and illuminated, to allow this thing to pass over, as I think the concurrence of a majority of his associates would suggest.
Mr. CULLOM. One word further, Mr. President. As I said a while ago, this subject has been before Congress now for a great many years, and session after session we have failed to pass any law relative to the question until the country has got to believe that we do not intend to pass any law on the subject. This session, as the Senator knows, is a sbort one. It is only necessary to defeat a measure to postpove its consideration a few times and the session is gone by. I am perfectly willing to consent to any understanding or agreement that will not jeopardize the passage of the bill. After a decision of the Supreme Court has been made throwing upon us the onus of regulating interstate commerce, if we pretend to be in favor of any regulation we cannot afford to allow this session to go by without passing some proper bill, and I say simply that I desire to call the bill up on next Tuesday for consideration. I do not expect that we are going to pass it in a day; but unless we begin its consideration nobody can tell whether we shall ever pass it or not. If the bill is allowed to come up on next Tuesday, lei Senators who desire to talk upon it talk, and if we have a recess that comes in before the proper consideration of the bill is disposed of we can take the recess and the bill will go over until after the holidays have passed by. But unless we do press the bill forward with a view to getting it through this branch of Congress and allowing the other branch to have an opportunity to consider it as well--and if we disagree to it we have got to have another conference and perhaps a further
--the result will be, if we do not go on with it as rapidly as possible, that we shall not reach a conclusion at all by which we shall get any legislation.
So I trust any motion which is made now to set the report down for the second Monday or whatever day the Senator names in January will be voted upon with the understanding that I shall call it up on next Tuesday, and if the Senate is prepared to go on and consider it we can do so at that time.
Mr. CALL Mr. President, I hope the Senate will not postpone the consideration of this bill until after the holidays. The country certainly demands the passage of this bill or something akin to it, and it will not be passed if we postpone it until after the holidays, when there will be not over two months of practical working time.
The bill is certainly one of the most important that could be presented to Congress and one of the most necessary to be passed, and passed without delay. I am not prepared to say that I approve the provisions of the conference report, and some time is needed to consider it, but certainly not longer than the Senator from Ilinois pro