CONGRESS. (INTER-STATE COMMERCE.) 



221 



same railway corporation. They are faith- 

 ful, public - spirited, and as a rule honored 

 and beloved by those among whom they 

 live and with whom they deal. In their de- 

 sire to retain and deserve this good opinion 

 of their vicinage they are more apt to sacrifice 

 their road than the public. But the great 

 speculators, unlike you or me or them, remote 

 from intercourse with the customers of the 

 road, are indifferent to public opinion, and 

 should be curbed. But, remember, these men, 

 while their names are allied to the roads, al- 

 most never interfere with their practical man- 

 agement. Their sole interest is in the stock. 

 That they seize ; they hold it for a day, until 

 they have worked their own wicked will on it, 

 and then they cast it out dishonored, to be the 

 prey of the next adventurer. If they retain it 

 longer, it is only to elect a board of directors 

 which shall suffer them to manipulate the se- 

 curities, and, that accomplished, their interest 

 ends. 



" The managers of the road meantime go on 

 with their regular business, and have no more 

 connection with the speculators whose names 

 are in stock circles allied with their roads than 

 you or I, Mr. Speaker, except the bitter dis- 

 gust with which they see these bad men so 

 confusing the distinction between themselves 

 and the actual managers that in the public 

 mind they are apt to stand in the same light 

 and receive the same censure. 



"Let, then, the laws of man and of nature 

 continue their work of progress and reform. 

 Why attempt to restrict, why pass restrictions 

 which will interfere with these general laws, 

 which are working out the results you pretend 

 to wish ? Your effort is vain ; your restric- 

 tions will be disregarded. Do you ask me 

 how? 



"The railways, if these restrictions should 

 become laws, will ostentatiously break them 

 all. They will invite litigation until the wheels 

 of the courts are clogged. That will challenge 

 public attention, and public attention is redress. 

 Or they will issue an order, which the whole 

 railway system shall obey, that every locomo- 

 tive from sea to sea shall stay in its round- 

 house; then there will follow a silence from 

 Portland in Oregon to Portland in Maine that 

 can be felt, and only one voice will be heard, 

 the familiar voice of our Speaker : * The gentle- 

 man from Texas asks unanimous consent to con- 

 sider a bill to repeal an act entitled "An act to 

 regulate interstate commerce." Is there objec- 

 tion ? ' Mr. Speaker, just so sure as the report 

 follows the flash, we shall hear, as the end of 

 the matter, ' The Chair hears none.' " 



Mr. Hewitt's second amendment was disa- 

 greed to. Dec. 20, 1884, the following amend- 

 ment to section 4, proposed by Mr. Henderson, 

 of Iowa, was discussed : 



Strike out of section 4 the following words : 

 " That it shall he unlawful for any person or per- 

 sons engaged in the transportation of property as pro- 

 vided in the first section of this act to charge or re- 



ceive any greater compensation for a similar amount 

 and kind of property, for carrying, receiving, storing, 

 torwarding, or handling the same, for a shorter than 

 for a longer distance on any one railroad; and ..." 



So that the section will read : 



u SEC. 4. The road of a corporation shall include all 

 the road in use by such corporation, whether owned 

 or operated by it under a contract, agreement, or lease 

 by such corporation." 



The amendment was disagreed to, by a vote 

 of 57 yeas to 117 nays. 



Jan. 7, 1885, a motion, by Mr. O'Neill, of 

 Pennsylvania, to strike out the whole section 

 was rejected by a vote of 90 yeas to 128 nays, 

 and an amendment exempting from the restric- 

 tion contained in the section all railways in 

 competition with water-ways was also disa- 

 greed to, while an amendment offered by Mr. 

 Hopkins, of Pennsylvania, inserting the words 

 "or pipe-line" after the word "railroad" 

 wherever it occurred in the bill, was accepted. 

 On motion of Mr. Struble, of Iowa, the follow- 

 ing amendment to the fifth section was adopt- 

 ed: 



Add to section 5 the following : 



" Fourth. It shall be the duty of said person or 

 persons engaged in carrying property, as provided in 

 the first section of this act, to file or cause to be filed, 

 and within fifteen days from and after posting, a copy 

 of each schedule, posted as ia this section required, 

 with the Clerk of the Circuit Court of the United States 

 in and for each judicial circuit in or through which 

 any railroad may be operated; and it shall be the 

 duty of said clerk to file and preserve the same as a 

 pare of the records of his office." 



On motion of Mr. Hopkins, of Pennsylvania, 

 the seventh section was amended by adding 

 the following: 



" And any Circuit or District Court of the United 

 States having jurisdiction of the persons shall have 

 the power, upon application of any person or persons, 

 firms, railroads, or other corporations or associations, 

 alleging undue and unjust" discrimination against a 

 person in violation of the provisions of this act, to 

 issue writs of mandamus against such person, com- 

 manding such person to move and transport freight, 

 or to furnish facilities for transportation for the party 

 applying for the writ, upon such terms and in such 

 manner as shall seem just and proper to the court in 

 order to prevent any undue or unjust discrimination 

 against the relator. The proceedings shall be as in 

 other cases of mandamus ; and in cases of urgent ne- 

 cessity or involving the transportation of perishable 

 goods the writs of alternative mandamus may^ be made 

 returnable forthwith : Provided, That no writ or per- 

 emptory mandamus shall issue under this act until the 

 relator shall have given security, in such sum as shall 

 be named by the court, to pay the defendant the 

 proper and legal charges for the services required to 

 be performed by the writ aforesaid : And provided 

 further, That the remedy herein given by writ of 

 mandamus shall be cumulative, and shall not exclude 

 or interfere with the other remedies herein provided." 



Mr. Hammond, of Georgia, offered the fol- 

 lowing amendment : 



" No cause brought under this act in any State 

 court of competent jurisdiction shall be removed to 

 any United States court." 



Mr. Smalls, of South Carolina, described this 

 amendment as offered in the interest of the 

 "Jim Crow car." and called for the yeas and 

 nays on its adoption. It was agreed to by a 

 vote of 125 yeas to 88 nays. 



