NOTE. The Cullom Bill was superseded by two bills 1 introduced during the first session of the 57th Congress, which in turn were superseded by a consolidated bill 2 introduced during the second session (December 3, 1902) of the 57th Congress. The last bill is now on the calendar. While these bills have supplanted the Cullom Bill, everything which has been said in the discussion of the latter would also have to be said in regard to the former. The content of a discussion of pending legislation would be essentially the same irrespective of the special bill to which it applies. And the historical significance of the Cullom Bill is of sufficient importance to warrant the retention of the analysis made of it in this chapter.

House bill 8337 provides for strict adherence to the published rates, and also fines shippers for making false representations as to classification, in order to secure other than published rates. The Interstate Commerce Commission is empowered, on complaint, to determine rates, the relation of rates, classifications, etc., for the future. The record of the hearings before the commission is to be accepted by the court as the basis of its findings. The bill provides for appeals, and gives the United States courts power to enforce obedience to the law and in general to exercise full legal jurisdiction.

The Senate bill 3521 likewise empowers the Interstate Commerce Commission to prescribe, in certain cases, just and reasonable rates for the future, as well as the division of rates and the limits of time during which its orders can be enforced. The rates thus prescribed are reviewable by

1 (1) H. R. 8337: A Bill to amend an Act entitled "An Act to Regulate Commerce," approved February 4, 1887, and all acts amendatory thereof. Introduced by Representative Corliss, and in the Senate, in identical form, by Senator Nelson.

(1) S. 3521: A Bill to enlarge the jurisdiction and powers of the Interstate Commerce Commission. Introduced by Senator Elkins. 2 H. R. 15592: A Bill to enlarge the jurisdiction and powers of the Interstate Commerce Commission.

United States courts, and may be suspended under specified conditions. The records, testimony, etc., of the commission shall be accepted as prima facie evidence in the United States courts, and additional testimony may be taken in accordance with law. The method of appeal is also described. Agreements for the division of traffic and other species of coöperation are permitted, and the commission is empowered to investigate such pooling and other arrangements on complaint. United States courts are empowered to enforce obedience, and in the case of railways passing both through foreign countries and through the United States, traffic in the United States may be suspended on such roads in order to enforce the act. The published rates must be adhered to by both railways and shippers under prescribed penalties.

The third bill is an amended form of the second so as to meet the main provisions of the first. Important railway as well as commercial interests have given their support to the measure, and interests formerly hostile to such legislation are said to have acquiesced in it.

APPENDIX I

AN AMERICAN RAILWAY CHARTER

CHARTER OF THE BALTIMORE & OHIO
RAILROAD COMPANY

ACT OF FEBRUARY 28TH, 1827

Passed by the General Assembly of Maryland
Chapter CXXIII

1. Be it enacted by the General Assembly of Maryland, That Isaac M'Kim, Thomas Ellicott, Joseph W. Patterson, John M'Kim, Junior, William Stewart, Talbot Jones, Roswell L. Colt, George Brown, and Evan Thomas, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Baltimore and Ohio Rail Road Company, hereby incorporated; and they, or a majority of them, may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, after having given such notice of the times and places of opening the same as they may deem proper; and that upon the first opening of said books, they shall be kept open for at least ten successive days, from ten o'clock A.M. until two o'clock P.M., and if at the expiration of that period such a subscription to the capital stock of said company, as is necessary to its incorporation, shall not have been obtained, the said commissioners, or a majority of them, may cause the said books to be opened, from time to time, after the expiration of the said

ten days, for the space of twelve months thereafter, or until the sum necessary to the incorporation of the company shall be subscribed, if sooner subscribed; and if any of the said commissioners shall die, resign, or refuse to act, during the continuance of the duties devolved upon them by this act, another may be appointed in his stead by the remaining commissioners, or a majority of them.

2. And be it enacted, That the capital stock of the said Baltimore and Ohio Rail Road Company, shall be three millions of dollars, in shares of one hundred dollars each, of which ten thousand shares shall be reserved for subscription by the state of Maryland, and five thousand for the city of Baltimore, for the space of twelve months after the passage of this act by the legislature of Maryland, and the remaining fifteen thousand shares may be subscribed for by any other corporation or by individuals; and that as soon as ten thousand shares of the said capital stock shall be subscribed, the subscribers of the said stock, their successors and assigns, shall be, and they are hereby declared to be, incorporated into a company, by the name of The Baltimore and Ohio Rail Road Company, and by that name shall be capable in law of purchasing, holding, selling, leasing and conveying, estates real, personal and mixed, so far as shall be necessary for the purposes hereinafter mentioned, and no further; and shall have perpetual succession, and by said corporate name may sue and be sued, and may have and use a common seal, which they shall have power to alter or renew at their pleasure, and shall have, enjoy and may exercise, all the powers, rights and privileges, which other corporate bodies may lawfully do, for the purposes mentioned in this act.

3. And be it enacted, That if more than fifteen thousand shares shall be subscribed to the capital stock of said company, not reserved to the state of Maryland, or to the city of Baltimore, the said commissioners, or a majority of them, shall reduce the subscription to fifteen thousand shares, by striking off from the largest number of shares in succession, until the subscriptions are reduced to fifteen thousand shares, or all the subscriptions to one share; and if there still be an excess, then