So the previous question was ordered.

Mr. STONE, of Kentucky. The gentleman from Indiana [Mr. JOHNSTON] and I were paired on the vetoed pension bills, but on the interstate-commerce bill we are not paired. On this question I have voted in the affirmative, and he, if present, would vote in the same way.

Mr. SOWDEN. My colleague [Mr. ERMENTROUT] was called away from the city last evening on account of important business, and desired me to ask that he be granted indefinite leave of absence. If he were present, he would vote for what is known as the Reagan bill. The SPEAKER. If there be no objection, indefinite leave of absence will be granted to the gentleman from Pennsylvania [Mr. ERMENTROUT].

There was no objection.

On motion of Mr. PAYSON, by unanimous consent the reading of the names was dispensed with.

The result of the vote was announced as above stated.

The SPEAKER. The question is now upon agreeing to the substitute proposed by the Committee on Commerce for the bill of the Senate. Mr. BURROWS. I desire to make a parliamentary inquiry. The SPEAKER. The gentleman will state it.

Mr. BURROWS.

According to my understanding the amendment proposed by the committee is to strike out all after the enacting clause of the Senate bill and adopt the bill of the committee. If that proposition be voted down shall we then have a vote on the Senate bill? The SPEAKER. The vote is now on the Senate bill practically. The question is between the Senate bill and the substitute reported by the Committee on Commerce.

Mr. BURROWS.

The SPEAKER.

There will be no further vote?

There will be a further vote, of course, on the

passage of whatever bill may be agreed to.

Mr. BURROWS. I mean if the substitute be voted down?

The SPEAKER. Then the vote would be on ordering the Senate bill to be read a third time.

Mr. REED, of Maine. A negative vote upon the present question is in favor of the Senate bill?

The SPEAKER. It is. The question is now on agreeing to the substitute proposed by the Committee on Commerce.

Mr. JACKSON and others called for the yeas and nays.

The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 134, nays 104, not voting 84; as follows:

During the roll-call,

On motion of Mr. PAYSON, by unanimous consent the reading of the names was dispensed with.

The vote was then announced as above recorded.

The bill as amended was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time. Mr. REAGAN demanded the previous question on the passage of the

bill.

Mr. BAKER. I desire to move to recommit the bill with instructions to report forthwith the following amendment.

Mr. SPRINGER. I reserve all points of order on that amendment. The SPEAKER. The time to make points of order is after it has . been read.

Mr. SPRINGER.

Mr. BAKER.

That is why I reserve all points of order.

I think we will save time if I am permitted to state briefly the difference between this and the bill reported by the committee.

The SPEAKER. Is there objection?

Mr. SPRINGER and Mr. PAYSON. Let it be read first.

The SPEAKER. The amendment will be read.

The Clerk proceeded to read.

Mr. BAKER. I wish to call attention of the House to the fact that the gentleman from Texas who was so anxious to have this read through is not paying attention to it.

Mr. REAGAN. I have read it several times and know it well and did not demand the reading of it.

The SPEAKER. Gentlemen will preserve order while the Clerk is reading.

Mr. LAWLER. I ask by unanimous consent to dispense with the further reading.

Objection was made.

The reading of the motion to recommit was then concluded, as follows:

[Forty-ninth Congress, first session.]

IN THE HOUSE OF REPRESENTATIVES.

An act to regulate commerce; to create an interstate commerce commission and prescribe its power and duties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States to any other State or Territory of the United States, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State or Territory, and not shipped to or from a foreign country from or to such State or Territory as aforesaid.

The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and the term "transportation" shall include all instrumentalities of shipment or carriage.

All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reason

able and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

SEC. 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust_discrimination, which is hereby prohibited and declared to be unlawful; and any common carrier who shall violate the provisions of this section as aforesaid shall be liable to all persons who have been charged a higher rate than was charged any other person or persons for the difference between such higher rate and the lowest rate charged upon like shipments during the same period; or if such lower rate was made on any time contract or understanding, the said common carrier shall be liable to pay a like rebate or drawback to all other shippers over the same route be- . tween the same points who have shipped goods during the time that such contract or understanding was in operation.

SEC. 3. That it shall be unlawful for any common carrier, subject to the provisions of this act, to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person. company, firm, corporation, or locality, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable and proper facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith; but no such common carrier shall be required to give the use of its tracks or terminal facilities to another carrier engaged in like business. Any common carrier who shall willfully violate the provisions of this section of this act shall be liable to the person or persons injured thereby for all damages occasioned by such violation.

SEC. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, and from the same original point of departure or to the same point of arrival; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the commission appointed under the provisions of this act, such common carrier may, in special cases, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the commission may from time to time make general rules exempting such designated common carrier in such special cases from the operation of this section of this act; and when such exceptions shall have been made and published they shall, until changed by the commission or by law, have like force and effect as though the same had been specified in this section. Any common carrier who shall violate the provisions of this section of this act shall be deemed guilty of extortion, and shall be liable to the person or persons against whom any such excessive charge was made for all damages occasioned by such violation.

SEC. 5. That every common carrier subject to the provisions of this act shall, within sixty days after the appointment of the commission hereinafter provided for, file with said commission appointed under the provisions of this act copies of its tariffs of rates and fares and charges relating to all classes of traffic affected by the provisions of this act, including classifications and terminal charges which in any wise change, affect, or determine any part of the aggregate of such rates and fares and charges, and from time to time all changes made in the same. Such rates, fares, charges, and classifications shall be made public by such common carriers so far as may, in the judgment of the commission, be deemed practicable; and said commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, charges, and classifications, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published. And when any common carrier shall have established and published its rates, fares, charges, and classifications, or any part of the same, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less