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Proceedings of the Interstate Commerce Law Convention




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Stand:2015-08-04 03:50:33

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Excerpt from Proceedings of the Interstate Commerce Law Convention: Held at St. Louis, Missouri, October 28th and 29th, 1904 That bill contained one section in relation to the prevention of discrimination between individuals which was an exceedingly valuable provision, and which was subsequently reported by the Senate committee to the Senate, by itself; the rest of the bill being dropped, and that portion of the bill was enacted and is now known as ´the Elkins law.´ As you are probably aware, it has proven exceedingly effectual in the prevention of individual discrimination. It did not relate, however, to discrimination between localities or sections, or between different descriptions of traffic, and it did not provide any means for the correcting of a rate which was found, after investigation, to be wrong. Those provisions were all omitted from the revised Elkins bill, when it was reported to the Senate. "The Cooper-Quarles bill is the remainder of the ´revised Elkins bill,´ taking that portion of it which the Senate committee rejected, or failed to report, and that portion includes the vital provision which it is sought by the commercial interests of the country to secure the enactment of, namely, that any rate found to be discriminative or unreasonable by the Interstate Commerce Commission, upon full investigation, shall be corrected by substituting such rate as the Commission may determine; and that rate is to be immediately operative, subject to review by the circuit court, and if confirmed by the circuit court, it remains in force, although appeal may be taken to the Supreme Court. The Cooper-Quarles bill was pushed at the last session of Congress to the utmost, but the opposition to it in the House Committee on Interstate and Foreign Commerce, to which it was referred, was such as to prevent securing its report. "It reached a stage, however, in that committee where it was believed that, at the opening of the next session of Congress, its report can be secured. "I will state that there are three other bills before this committee for a similar purpose, all varying more or less in detail; one having been introduced by John Sharp Williams, the leader of the Democratic side of the House; one by Mr. Adamson, of Georgia, who is a member of the Interstate and Foreign Commerce Committee, and one by William R. Hearst, of New York. All of those bills correspond very largely in their provisions, varying somewhat in their details, and the question will come before the committee as to which of those bills will be reported, or what combination shall be made of the several bills to produce one to be reported to the House for its action. "It is partly for the purpose of securing action on the part of the House committee that this Convention has been called. The action of that committee can only be secured by pressure from the people all over the country. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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