The committee began its work impressed with the importance of the duty with which it had been charged, and with each step taken in prosecuting the inquiry we realized more fully how heavy were the obstacles to be overcome, how serious were the abuses that existed, how the public sentiment over the entire country was aroused, and how difficult it was going to be to frame and secure the passage of a measure adequate to relieve the situation. After many sessions and long conferences the select committee finally agreed upon a bill which, in its opinion, would correct the evils complained of.
Even after the committee had agreed to the bill, I was not entirely satisfied; I feared the existence of some absurdities, some features, which the railroads could not possibly comply with; and so I asked Senator Platt to meet me in New York, previously having arranged with Mr. Fink and Mr. Blanchard, two of the great railroad men of their day, and a gentleman representing specially the people's interests, whose name I do not recall, but who had been interested in securing regulation in New York and was an expert on the proposition, to meet with us in that city. We all met as planned. I stated that I desired to take the bill up with them, section by section, paragraph by paragraph, and if anything absurd or impracticable was found, or anything that could not be carried out, attention should be called to it, and we would discuss it and amend it if necessary. We went ahead on this line and were arguing over some proposition, when Mr. Fink got up and remarked: "Let it go; the whole thing is absurd anyhow." I arose and said that if that was the attitude of the railroad men, when the committee's only object was to report to the Senate a fair bill, that the conference might as well end. The other members of the conference intervened and said it was not fair that the chairman of the committee should be treated in this way, that Senator Cullom was acting in absolute good faith, whereupon Mr. Fink apologized, and the reading was resumed, and some amendments made where found necessary.
And this incident recalls to mind another aspect of the investigation. While the select committee was considering the subject, travelling from city to city, the high railroad officials paid no attention to us; rather, I might say, they avoided being called before us, probably considering it a waste of time, as they had no serious thought that anything would come of the investigation. They considered the railroads superior to the laws of Congress, and depended upon their old State charters. In those days they were the most arrogant set of men in this country; they have since learned that they are the servants and not the masters of the people. But when the bill seemed pretty certain to pass, the attitude of the railroad officials suddenly changed. They came to Washington and complained that they had not been given the opportunity to be heard; that it would not be fair under the circumstances to pass a bill so largely affecting them; and they seemed to be sorely aggrieved when they could not prevent or delay its passage.
I introduced the bill in the first session of the Forty-ninth Congress, and after a great deal of difficulty, even with my colleague, General Logan, against it, finally had it made the special order. General Logan knew nothing about the subject; he cared nothing about it, and on one occasion he told me that I would ruin myself by advocating it.
When I called the bill up for consideration, I was so anxious to press it along that I did not care to make any general speech, excepting to explain as carefully and minutely as I could the various provisions of the measure. I said, in opening:
"I believe I am justified in saying that there is no subject of a public nature that is before the country about which there is so great unanimity of sentiment as there is upon the proposition that the National Government ought in some way to regulate interstate commerce. The testimony taken by the Committee shows conclusively to my mind, and I think to every man's mind who reads it, that there is necessity for some legislation by the National Government, looking to the regulation of interstate commerce by railroad and by waterways in connection therewith.
"I believe the time has gone by when it is necessary for any one to take up the time of the Senate in discussing the proposition that Congress has the power to regulate interstate commerce. These questions have been discussed over and over again in Congress, and the highest judicial tribunals of the country have decided over and over again that Congress has the power to regulate commerce among the States. So I do not feel at liberty, if I were disposed, to occupy the attention of the Senate in discussing the general subject of whether there is any necessity for our doing anything, or the question of constitutional right of Congress to pass some act regulating commerce among the States.
"If the three propositions are correct: that the public sentiment is substantially unanimous that we should act; that the necessity for action exists; and that the power of Congress is admitted,— the only question left is, what Congress ought to do specifically; in other words, what kind of an act should Congress pass. The committee has reported a bill which is the best judgment that the committee had upon the subject."
I then proceeded to explain the bill carefully, section by section, and concluded by saying:
"I am led to believe that the bill as it stands is perhaps a more perfect bill on this subject than has ever been introduced in the Congress of the United States before. There may be many suggestions of amendment by honorable Senators during the consideration of the bill; and if any Senator has any suggestion of amendment to make, of course it is within the privilege of the Senate to adopt it, but I am very anxious that this bill shall be as promptly considered as possible, and as promptly acted upon and passed as possible, if in the judgment of the Senate it ought to be passed at all.