and to see that no harm was done them. I agree with Judge Reagan, that the commissioners of the different States, men mostly elected by the people of the State, and in whom all the people must have more or less confidence, should receive more consideration for the acts by the courts. The railroad commissioners are selected because they represent the interests of the people. Their work becomes their life study. Are not their opinions entitled to some consideration? Are not their opinions entitled to as much consideration as the opinions of the circuit judge, who probably never looked into a rate sheet in his life? and do they not in all States, occupy a quasi judicial position? Down in Louisiana in the last legislature, it was held by the attorney-general that some forty or fifty bills introduced for the purpose of regulating rates and traffic, were unconstitutional, because the constitution had created the railroad commission for the purpose of regulating rates and traffic in Louisiana. The attorney general decided that the constitution of the State of Louisiana had placed in the hands of the commission all power to regulate rates, and that they alone had the power to say what was a reasonable and just rate. I submit, Mr. Chairman, that when the law creates a State railroad commission, and when the people elect men to fill these offices, they must have confidence in them.

You will find that if this right to injunction is denied to the railroad corporations, that when they do go into the courts, you will not find the railroad commissions of any State throwing any impediments in their way.

Mr. May, of Mississippi: I do not desire to discuss this report, because all the points that should be made have been covered by the gentlemen who have spoken. But I merely wish to state that I endorse that report in toto. I hope this convention will adopt it in its entirety. There are one or two sections to which there is no opposition. About the other, I will say that I believe the least harm can come from the adoption of that report, and the greatest harm will result from its non-adoption.

Mr. Baptist, of Tennessee: I do not want to weary the convention. I feel extremely anxious that my side of the views which I entertain may be placed properly before the convention. The argument on the other side is that the law as it stands now, with the right of temporary injunction to the railroad company, is often abused, and the action of railroad commissioners set aside and violated almost indefinitely. Now I want to ask a ques

tion. Is it any reason why a good law should be repealed, because it is abused? Because occasionally an innocent man may hang, is that any reason why capital punishment should not be inflicted? I know that railroad companies have abused this right of injunction. Others have done it. Others have done it. Mr. Chairman, I move to amend the report by striking out the second section.

The motion was seconded.

The chairman: As many as favor the resolution, will say aye. Those who oppose, no.

The motion was lost.

Mr. Kelly, representing Trades League, of Philadelphia: Mr. Chairman, I would like for you to hear the commercial interests present, and I request that you hear those who are here representing the interests of the Eastern and Northern cities.

The chairman: If there is no objection, the commercial interests will now be heard.

Mr. Langley, representing the Merchants' Association of New York: I have been advised that it would be better to bring the interest I represent before the Interstate Commerce Commission.

Mr. Kelly: I will present a brief statement of some investiga tions which I have made into the Southern Classification No. 27 and No. 25. A brief search for some systematic method of procedure that may have been observed in making these advances, discloses none that would be accepted in any business establishment as in line with an equitable policy. In fact, it is clear that there can not be a relatively reasonable advance made in freight by raising the classes of articles higher in the merchandise list, since there is no fixed percentage of difference between the different classes in the various scales of rates themselves. This is shown by the following scales, showing the mileage and the rates in effect from New York to various Southern points, and also the percentage of difference between the several classes:

A comparison of these differences shows that, if an item is changed in the classified list from a lower to a higher class, the resulting advance in the freight rate may represent a percentage of increase in the charges or from 11 to 47 per cent.; while, if the item is advanced more than one class, difference in the percentage is even more pronounced.

Fifteen hundred and twenty-nine items have been advanced, 205 by the release clause introduced; and, in addition, 32 items have been advanced from 2d to 1st class; 38 from 3d to 2d; 69 from 4th to 3d; 36 from 5th to 4th; 10 from 6th to 4th, and 46 from 6th to 5th. Several were changes from 4th to 1st, and from 3d to 1st. For illustration, take butter, which was formerly 3d class, but

is now in 1st class, if released. From New York to the following points, t...at increase in the freight is as follows:

As to the reports of the National Freight Committee, we enter a protest against what is known as the Southern Classification No. 27. I have submitted a statement above showing the relative increases in Classification No. 27 over No. 25. Now only recently we took up this matter with the Southern Classification Committee. It was contended that the changes in the last three or four months were made because No. 25 was full of inconsistencies, and that it was necessary to change the classification of many articles as to have them more uniform. About seventeen hundred articles have thus been changed, which has had a tendency to increase the prices. We have had shipments South prior to this change that we can not ship now. All that I ask, as a representative of the shippers, is that they be seriously considered and considered promptly. As an illustration, I will give you two or three cases showing the effect of the changes in the classification. I recently had occasion to make a shipment from Philadelphia to Knoxville, Tenn. Owing to the condition of that particular commodity, the rate made, traveling over the Pennsylvania Railway, amounted to $14.60. I could have made that shipment by the Adams and American Express Companies for $11.20, and over the same lines. We have recently protested against the change, but with no avail. The merchants claim that the changes prohibit them from doing business in Southern territory. All I ask is that this convention seriously consider Classification No.

they make a request to the Classification Committee, asking that they restore old Classification No. 25, which I think affords enough revenue, though they say it did not.

Mr. Barr, representing Commercial Interests of Jackson, Miss: I am personally not competent to discuss the classification of freight rates. I am here to represent the merchants of Jackson, Miss., who sent me here to protest against Classification No. 27. I heartily endorse all that has been said by the gentlemen who has just preceded me. As I said, personally, I do not know enough about classification of freight to discuss it, and I am here to ask the convention to look into the matter carefully, and see if the old Classification No. 25 can not be restored. It seems to have given satisfaction to everybody, and so far as those. I represent are concerned they want it restored.

Mr. Day, of Florida: When this call reached me, I understood it was for the purpose of adjusting rates on cotton from Southern points to the seaboard. Our cotton is long staple, and goes to Eastern markets. But we have had the same trouble with Classifications No. 25, No. 26 and No. 27, as the gentleman from Philadelphia. I think the best thing this convention can do is to take up the question of classification and agree upon some method of adopting a classification, which by its own weight will force itself upon the railroads in this territory. Our commission (Florida), as a matter of necessity, when it went into existence, adopted the classification and rates then in existence and used by the railroads, in order that by no arbitrary action of theirs they should reduce any revenues. I do not agree with the gentleman, however, who stated that No. 25 was entirely satisfactory to the public. It was inasmuch as it was kept in check and unchanged. There are more inequalities in it than there are in No. 27. I have been over them both in the last thirty days. I find that 90 per cent of the changes have been towards increases of the rates. I do not know that that was the main object; but know that is true.

This convention could organize a classification committee just as well as the railroads can, and they can submit a classification. They could have stated times to meet. I believe this convention can organize a classification committee that would harmonize all the interests and would be satisfactory to the Southern, Eastern and all sections

Mr. Day, of Florida: I move that a committee be appointed to look into the matter of adopting a uniform classification for the