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have been left absolutely to the conservatism which inheres in the untrammeled interaction of forces.

The interstate-commerce act contains not a word in derogation of this principle, for, as explained elsewhere in my hearing before this committee, that statute is firmly based upon the evolved law of the American railroad system, wrought out in the hard school of experience and of adopted usage, and may therefore be characterized as American common law. In the face of all this the Interstate Commerce Commission, and by its promptings certain representations of trade organizations, have appeared before you in favor of a policy which would confer upon the Commission the power to determine the course of the commercial and industrial development of this country. This appeal comes up to you in the wake of unsuccessful efforts on the part of the Commission to assert the right under the provisions of the act to regulate commerce to exercise the judicial function, to prescribe rates for the future, to eliminate the Federal judiciary from the consideration of vital questions of right and justice in the conduct of the internal commerce of this country, and of efforts to gain the power to exercise the revolutionary function of determining the relative commercial status and prosperity of different sections of this country, an attempt which the Supreme Court of the United States denounced in the maximum rate case with expressions of reprobation. (167 U. S. 479.)

The record of the proceedings of the Interstate Commerce Commission affords abundant proof of the wisdom of the policy of commercial freedom established in this country at the beginning. During the fifteen years of its existence the Commission has not discovered a single case of exorbitant charges which has been sustained by the courts, and it has been able to prove before the courts less than one case a year of unjust discrimination. This is the splendid official record of a railroad system embracing nearly 200,000 miles of road, over which many millions of transactions are recorded yearly, the total value of the goods transported aggregating about $25,000,000,000 annually.

During the last three years 807 complaints were submitted to the Commission, which, however, gave rise to only 23 formal decisions by the Commission, involving only 8 cases of unreasonable rates, of which only 4 cases were sustained by the Commission. The great bulk of the complaints preferred to the Commission and which gave rise to informal hearings have had their origin in the incidental evils and frictional resistances of the most splendid system of transportation the world ever saw, and in complaints based upon discontent arising out of the competitive struggles of rival towns, cities, and industries for commercial advantage, with which struggles the Government of the United States has never meddled, and with which hopefully the Congress of the United States will never interfere while the intelligence and civic virtue of the American people shall endure.

PETITIONS, MEMORIALS, AND RESOLUTIONS OF STATE LEGISLATURES AND COMMERCIAL ORGANIZATIONS TRANSMITTED THROUGH THE UNITED STATES SENATE TO THE COMMITTEE ON INTERSTATE COMMERCE DURING THE FIRST SESSION FIFTYSEVENTH CONGRESS WITH REFERENCE TO S. 3521 (THE ELKINS BILL) AND S. 3575 (THE NELSON BILL).

1.

Resolution adopted by the Grain Dealers' Association in convention at Des Moines, Iowa,

recommending the amendment to the interstate-commerce law.

[Presented by Mr. Cullom December 4, 1801.]

To the Senate and House of Representatives of the United States, to assemble in the Fifty

seventh Congress:

The Grain Dealers' National Association in convention assembled at the city of Des Moines, Iowa, on the 3d day of October, 1901, does hereby memorialize your honorable bodies to enact into law such amendments to the existing interstate-commerce act as will effectually remedy the defects that have been found to exist therein and will insure its proper enforcement in the protection of the public interest in relation to transportation, and yet will in no way impair the just rights or privileges of common carriers.

It is the belief of this convention that the present law has been rendered practically inoperative by recent decisions of the Supreme Court, and that the public is without redress from unjust and unreasonable exactions and discriminations on the part of common carriers.

Your petitioners, therefore, earnestly pray that your honorable bodies will give the subject the consideration which its great importance demands and provide speedy relief to the public by the enactment of such amendments to the law as will give it full force and effect.

2.

Joint resolution relating to S. 1439, commonly called the Cullom bill,' adopted by the

Wisconsin legislature at its session in 1901.

[Presented by Mr. Spooner January 7, 1902.)

Whereas various decisions of the Supreme Court of the United States during the past few years have rendered many of the most important provisions of the interstate-commerce law inoperative, in consequence of which the law in its present form fails to afford the relief to the shipping interests of the country which was the purpose of its enactment; and

Whereas a bill is now pending in the United States Senate known as S. 1439, commonly called the “Cullom bill,” which is understood to have been framed by a member of the Commission with the approval of that body, comprising such amendments to the interstate-commerce act as, in its belief, will remedy the defects found to exist therein and render it effective in accomplishing the purposes of its original enactment; and

Whereas the said bill has received the indorsements of the principal commercial organizations of this State and of most of the similar organizations of importance throughout the country, and of the National Board of Trade, and its passage was urgently recommended to Congress by a national convention held at St. Louis November 20 last, consisting of delegates from ten national trade organizations, representing various lines of business, and twenty of the most important State and local organizations of similar character in this country: Therefore, be it

Resolved by the assembly (the senate concurring), That the Congress of the United States be, and is hereby, requested to speedily enact said Senate bill No. 1439 into law, and we urgently request that the Senators and members of the House of Representatives from this State cooperate in promoting the passage of said bill, and use their best endeavors in securing for it precedence over other pending legislation as its great public importance demands.

Resolred, That the governor be, and he is hereby, requested to transmit copies of this memorial to the President of the Senate, Speaker of the House of Representatives, and to each of our Representatives.

3.

Petition of Grain DealersAssociation of Des Moines, Iowa, praying for an amendment to

the interstate-commerce law.

[Presented by Mr. Dolliver, January 7, 1902.]

Des Moines, Iowa, October 3, 1901. To the Senate and House of Representatives of the United States assembled in the Fifty

seventh Congress:

The Grain Dealers' National Association in convention assembled, at the city of Des Moines, Iowa, on the 3d day of October, 1901, does hereby respectfully memorialize your honorable bodies to enact into law such amendments to the existing interstate-commerce act as will effectually remedy the defects that have been found to exist therein, and will insure its proper enforcement in the protection of public interest in relation to transportation, and yet will in no way impair the just rights or privileges of common carriers.

It is the belief of this convention that the present law has been rendered practically inoperative by recent decisions of the Supreme Court, and that the public is without redress from unjust and unreasonable exactions and discriminations on the part of common carriers.

Your petitioners therefore earnestly pray that your honorable bodies will give the subject the consideration which its great importance demands, and provide speedy relief to the public by the enactment of such amendments to the law as will give it full force and effect.

The foregoing memorial to Congress was unanimously adopted by the Grain Dealers' National Association in convention, at the place and on the date above mentioned.

B. A. LOCKWOOD, President. Attest:

CHARLES S. CLARK, Secretary.

4.

National Live Stock Association, praying for legislation giving the Interstate Commerce

Commission adequate power to correct discriminating rates, etc. [Presented by Mr. Frye January 7, 1902; also by Mr. Warren; also by Mr. Elkins.] The following memorial was unanimously adopted by the fifth annual convention of the National Live Stock Association held in Chicago, Ill., December 3, 4, 5, 6, 1901: To the Honorable President, the Senate, and the House of Representatives of the United States:

The National Live Stock Association respectfully represents that it is an organization composed of over 150 of the principal stock raisers, feeders' and breeders' organizations, live-stock exchanges, stock-yards companies, and various commercial organizations of the United States whose names we append hereto; that it represents more than $4,000,000,000 of invested capital, and that it was organized for the purpose of promoting the best interests of the live-stock industry of this country.

This association in behalf of its constituency earnestly urges upon Congress the great importance and increasing need of Federal legislation which will give to the Interstate Commerce Commission adequate power to correct discrimination, remove preferences, abate unreasonable rates, and, where necessary, to prescribe the maximum and minimum rates, making its decision effective, pending any appeal to the courts.

When the present interstate-commerce law was enacted in 1887 it was at least popularly supposed, and we believe clearly intended, that it gave to the Interstate Commerce Commission, after due hearing and investigation, the power to say what was a reasonable or unreasonable rate, and to enforce its decisions. Court decisions have since declared that the Interstate Commerce Commission does not have the power to fix rates for the future either directly or by indirection. As substantially every complaint that has been or would be brought before the Commission involves the question of the reasonableness of rates, it can be readily seen that these court decisions practically wipe out the only real power the Commission was supposed to have, and limits its usefulness to the collection and promulgation of statistics.

While governmental control over railroad charges through the medium of the Interstate Commerce Commission has been gradually fading away, thegeneral railroad situation has undergone portentous changes. Little independent carriers have been forced to the wall and absorbed by their larger competitors, which in turn have combined with or sold out to other larger competing systems, until to-day, by this centralization, the rail transportation facilities of this country are practically controlled by scarce half a dozen different interests. By these transitions, reorganizations, and combinations added burdens have not only been placed upon the man who pays the freight by reason of increases in the fixed charges or indebtedness of the railroads, but his sole remaining safeguard by free competition has been virtually eliminated, so that the public, which now has greater need of intelligent and effective Federal supervision and regulation of railroad charges, has less protection to-day than previous to the enactment of the present interstate-commerce law.

The general and marked advance in rates during the past three years of unexampled prosperity to the railroads were apparently unnecessary and seemingly unwarranted upon any other theory than the intent of the railroads to exact all they could. The multiple economies of railroad operation, together with the enormous increase in the volume of the traffic, would seem to logically suggest a reduction instead of an advance. Their action, however, enables us to unmistakably forecast what they would do, unrestrained by Federal control, when by further consolidations or by other agencies competition becomes entirely stifled.

The members of the National Live Stock Association recognize that the railroads are powerful agencies of progress, and that more than any

other factor they have contributed to the development of the country. The superb service they perform merits our commendation. We expect to pay the railroads the cost of the service they render, together with a reasonable profit on their investment; we do not want the service for any less, nor ought we to be compelled to pay more. We are not presuming to say what are or may be reasonable and fair rates, but we do emphatically protest against the railroads being the sole arbiters of their charges and exacting what they think the traffic will stand, or, in plainer language, all they can get.

If railroad rates are fair and reasonable, the railroads should not fear any investigation of them by an impartial tribunal. The objections they make against the proper Federal supervision of rates by an expert commission confirms the suspicion that railroad rates need regulating.

Either the Government must assume at once an intelligent and comprehensive control over railroad charges or prepare for absolute ownership of the transportation facilities of this country.

For these, among many other patent reasons, the members of the National Live
Stock Association respectfully request Congress to give early attention to this much
needed legislation, which has already been too long delayed.
Attest:

John W. SPRINGER, President.
Chas. F. MARTIN, Secretary.

MEMBERSHIP ROLL OF THE NATIONAL LIVE STOCK ASSOCIATION.

Arizona.-Arizona Wool Growers' Association; Live Stock Sanitary Board, Arizona.

California.-Kern County Cattle Growers’ Association; Southern Pacific Railway Company; Central California Stock Growers' Association.

Canada.-Dominion Short Horn Breeders' Association.

Colorado.—Custer County Cattle Growers' Protective Association; Denver Union Stock' Yards Company; Southern Colorado Stock Growers’ Protective Association; State Veterinary Sanitary Board; Fort Collins Sheep Feeders' Association; Logan County Cattle and Horse Protective Association; Lincoln and Elbert County Wool Growers' Association; Lincoln County Cattle Growers' Association; San Luis Valley Cattle and Horse Growers' Association; Roaring Fork and Eagle River Stock Association; Eastern Colorado Stockmen's Protective Association; North Fork Valley Cattle Growers' Association; Weld County Live Stock Association; Park County Cattle Growers' Association; Eagle and Grand River Stock Growers' Association; Denver Chamber of Commerce and Board of Trade; Gunnison County Stock Growers' Association; Colorado Midland Railway Company; Colorado and Southern Railway Company; Crystal River Railroad Company; North Park Stock Growers' Association; White River Stock Growers' Association; Grand River Stock Growers' Association; Saguache Stock Growers' Association; Western Slope Wool Growers' Association; Cattle and Horse Growers' Association of Colorado; Denver and Rio Grande Railroad Company.

Idaho. --Blaine, Lincoln, and Cassia Counties Wool Growers' Association; Sheep and Wool Growers' Association of Idaho; Sheep and Wool Growers' Association of Southern Idaho; Fremont County, Idaho, Woo! Growers' Association; Oneida County, Idaho, Wool Growers' Association; Washington County Wool Growers' Association.

Illinois.—Illinois Central Railroad Company; Chicago and Northwestern Railroad Company; Chicago Live Stock Exchange; American Short Horn Breeders' Association; St. Louis Live Stock Exchange; St. Louis National Stock Yards Company; National Irrigation Association; Union Stock Yards and Transit Company, Chicago; State Board of Live Stock Commissioners.

Indiana.--American Shetland Pony Club; American Shropshire Registry Association; Polled Durham Cattle Club of America.

Iowa. -Sioux City Live Stock Exchange; Sioux City Stock Yards Company; Iowa Improved Stock Breeders' Association.

Kansas. —The Kansas Improved Stock Breeders' Association.
Kentucky.— American Saddle Horse Association.
Michigan.-National Lincoln Sheep Breeders’ Association.

Minnesota.- Minnesota Live Stock Breeders' Association; South St. Paul Live Stock Exchange.

Missouri.-- American Hereford Cattle Breeders' Association;. American Angora Goat Breeders' Association; American Galloway Breeders' Association; Kansas City Stock Yards Company; St. Joseph Stock Yards Company; South St. Joseph Live Stock Exchange; Kansas City Live Stock Exchange; The Wabash Railroad Company; The Commercial Club of Kansas City.

Montana.-Montana Stock Growers' Association; Eastern Montana Wool Growers' Association; Central Montana Wool Growers' Association; North Montana Wool Growers' Association.

Nebraska.-Union Stock Yards Company, of Omaha; South Omaha Live Stock Exchange; Nebraska Stock Growers' Association; Fremont, Elkhorn and Missouri Valley Railway Company; Union Pacific Railway Company.

Nevada.-Nevada Wool Growers' Association. New Mexico.-Black Range Protective Association; Sheep Sanitary Board, New Mexico; Cattle Sanitary Board, of New Mexico; Pecos Valley and Northern Railroad Company; Sheep and Wool Growers' Association of New Mexico.

New York.-National Association of Exhibitors of Live Stock.

Ohio.-American Rambouillet Sheep Breeders' Association; Cincinnati Union Stock Yards Company; Cincinnati Live Stock Commission Merchants' Association; Red Polled Cattle Club of America.

Oklahoma.–Oklahoma Live Stock Association.

Oregon.-Pacific Northwest Wool Growers' Association; Oregon Stock Breeders' Association; Oregon Railway and Navigation Company; Oregon Wool Growers' Association.

Pennsylvania.-West Philadelphia Stock Yards.

South Dakotu.—Western South Dakota Stock Growers' Association; Missouri River Stockmen's Association.

Tennessee.—State Board of Agriculture.

Texas.-Fort Worth Stock Yards Company; Cattle Raisers' Association of Texas; Texas Live Stock Association; El Paso-Rock Island Railway Company.

Utah.—Utah Wool Growers' Association; Utah Live Stock Association; Dairymen's Association of Utah; Oregon Short Line Railway Company; State Irrigation Association of Utah.

Wyoming.Wyoming Stock Growers’ Association; Fremont County Wool Growers' Association; Sweetwater Hereford Cattle Breeders' Association; Uinta County, Wyoming, Wool Growers' Association; Snake River Stock Growers' Association; Board of Sheep Commissioners, Wyoming; State Agricultural College, Wyoming; Northern Wyoming Wool Growers' Association; Eastern Wyoming Wool Growers' Association; Carbon County, Wyoming, Wool Growers’ Association; Natrona County Wool Growers' Association.

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