206 



CONGRESS. (INTER- STATE COMMERCE.) 



who were seen and known to be residents of 

 other States. It has been said here that the 

 United States court is prosecuting one side only. 

 That is true. The marshal of the United States 

 knowingly brought persons from outside the 

 State and decorated them with marshals' 

 badges ; but no Government officer prefers a 

 charge against him or brings complaint before 

 a grand jury. But, sir, here is a law of the 

 United States. The majesty of that law is in- 

 voked ; and any poor fellow who attempted to 

 clear the road to the ballot-box, that he might 

 get there and deposit his vote, if he interfered 

 with one of these deputy - marshals standing 

 between him and the ballot-box, is immediate- 

 ly arrested, brought before the United States 

 court, and punished in accordance with that 

 law for interfering with the United States dep- 

 uty-marshals. 



" Gentlemen on the other side say that we 

 want to suppress investigation. On the con- 

 trary, these resolutions provide for the widest 

 possible scope in this investigation. So far as 

 the marshal is concerned, God knows I would 

 not prevent him from making any excuse, if 

 excuse he has, for the conduct which disgraced 

 the city of Cincinnati and the election upon the 

 14th of last October. But, sir, when an offi- 

 cer of the United States puts himself into the 

 hands and under the control of that distin- 

 guished citizen of New York, John I. Daven- 

 port (my friend from New York knows who 

 h is), and such distinguished citizens as Pow- 

 ell Clayton, of Arkansas, who WM there the 

 whole day giving instructions; such distin- 

 guished citizens as Mr. Filley, whose character 

 is known to the gentleman from Missouri ; such 

 distinguished citizens as many who congregate 

 about this Capitol during the sessions of Con- 

 gress snch men as McElfresh; such distin- 

 guished citizens as one who, I blush to say, has 

 been an officer of the United States, a man 

 who has presided over the Pension Department 

 of this Government, the chief detective of that 

 department, who for two weeks was there set- 

 ting up the job to do exactly what was done, 

 to perpetrate a fraud upon the people, to make 

 that fraud possible and successful when such 

 men as these control and govern an officer of 

 the United States for the purpose of accom- 

 plishing such results, when by such means as 

 these I am counted out of a seat in Congress, 

 it is not my loss that is to be considered for 

 that I care not it is the country's threatened 

 destruction, the stab at liberty which you have 

 given by that act." 



The resolutions were adopted without a di- 

 vision, and the committee submitted a report 

 March 3, 1885, at the close of the session. 



Inter-State Commerce. -Dec. 2, 1884, a bill for 

 the establishment of a Board of Commissioners 

 of Inter-State Commerce, and for the regula- 

 tion of such commerce, came up for considera- 

 tion in the House of Representatives, and the 

 subject occupied much of the attention of Con- 

 gress during the session, a bill for the same pur- 



pose coming up in the Senate two days later. 

 In the House, Mr. Reagan, of Texas, brought 

 forward the bill reported by the Committee on 

 Commerce at the previous session, but never 

 considered, and moved to substitute a measure 

 of his own therefor. The committee's bill was 

 as follows: 



Be it enacted by ike Senate and House of Representa- 

 tives of the United States of America in Congress as- 

 sembled, That all charges by any person or persons 

 engaged alone or associated with others in the trans- 

 portation of property by railroad from one State or 

 Territory to or through one or more other States or 

 Territories of the United States, or to or from any 

 foreign country, shall be reasonable for such service. 



SECTION 2. That it shall be unlawful for any person 

 or persons so engaged as aforesaid directly or in- 

 directly to charge to or receive from any person or 

 persons any greater or less rate or amount of compen- 

 sation or reward than is by him or them charged to 

 or received from any other person or persons for like 

 and contemporaneous service in the carrying, receiv- 

 ing, delivering^ storing, or handling the same under 

 substantially similar circumstances; and all persons 

 engaged as aforesaid shall furnish, without discrimi- 

 nation, the same facilities for the carriage, receiving, 

 delivery, storage, and handling of all property of like 

 character carried by him or thenij and shall perform 

 with equal expedition the same kind of services con- 

 nected with the contemporaneous transportation there- 

 of as aforesaid. No break, stoppage, or interruption, 

 nor any contract, agreement, or understanding, shall 

 be made to prevent the carriage of any property from 

 being and being considered as one continuous carriage, 

 in the meaning of this act, from the place of shipment 

 to the place of destination, unless such stoppage, in- 

 terruption, contract, arrangement, or understanding 

 was made in good faith for some practical and neces- 

 sary purpose, without any intent to avoid or interrupt 

 such continuous carriage, or to evade any ot the pro- 

 visions of this act. 



SEC. 3. That it shall be unlawful for any person or 

 persons engaged in the transportation of property as 

 aforesaid directly or indirectly to allow any rebate, 

 drawback, or other advantage in any form, upon ship- 

 ments made or services rendered as aforesaid by him 

 or them, which, under similar circumstances, are not 

 allowed to all other persons. 



SEC. 4. That it shall be unlawful for any person or 

 persons engaged in the carriage, receiving, storage, or 

 handling of property as mentioned in the first section 

 of this act to enter into any combination, .contract, or 

 agreement, by changes of schedule, carriage in differ- 

 ent cars, or by any other means, with intent to pre- 

 vent the carriage of such property from being con- 

 tinuous from the place of shipment to the place of 

 destination, whether carried on one or several rail- 

 roads ; and it shall be unlawful for any person or 

 persons carrying property as aforesaid to enter into 

 any contract, agreement, or combination for the pool- 

 ing of freights, or to pool the freights, of different and 

 competing railroads, by dividing between them the 

 aggregate or net proceeds of the earnings of such rail- 

 roads, or any portion of them. 



SEC. 5. That the provisions of this act shall apply 

 to all property, and the receiving, delivery, loading, 

 unloading, handling, storing, or carriage of the same, 

 on one actually or substantially continuous carriage, 

 or as part of such continuous carriage, as provided for 

 in the first section of this act, and the compensation 

 therefor, whether such property be carried wholly on 

 one railroad or partly on several railroads, and whether 

 such services are performed, or compensation paid or 

 received by or to one person alone, or in connection 

 with another or other persons. 



SEO. 6. That any railroad company, officer of such 

 company, or other person who shall violate any ol 

 the provisions of this act, shall be liable to any person 



