Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-20
CHEAP TRANSPORTATION.
The Propositions Before Congress 10
Regulate Commerce by Railroads.

agreed to-day upon MeCrary's bill to
regulate commerce by railroads among
the several States, and viii report it to
the House upon the first opportunity,
| together with report on the subject of
the bill, which Mr.. McCrary is now
preparing. The first section Of the
bill provides that each and every line
of railroad extending into or through
two or more States, and employed In
carrying freight or passengers between
points or places In different States, and
whether owned and operated by sew
eral companies, corporations or per-
sons, and known by several different
names, shall be regarded as employed
In commerce among the several States,
and the company or companies, corr
poration or corporations, person or
persons owning or operating such line
of railroad, shall be both jointly and
severally liable for any violation of the
provisions of this act,
The second section provides that no
company or person operating a line
into or through two or more States
shall charge or collect more than a
reasonable compensation for the trans
portation of freight or passengers, or
for the use or transportation of cars
upon the track between places in DIFF
ferent States.
The third section provides that the
President, with the advice and consent
of the Senate, shall appoint Board of
Commissioners, select one from each of
the nine judicial circuits of the United
States, and that they must be in no
manner interested In the stock, bonds
or property of any railroad or other
transportation company.
Section provides that the members
of the Board shall hold Office for six
years, and until their successors are
qualified, and shall receive four thou
sand dollars a year each salary, and
| their actual travelling expenses. AT
the first meeting of the Board, after
their appointment, they shall divide
themselves by lot into three classes.
The members of the first class shall
continue for two years; of the second
class for SIX years, SO that cne-third
may be appointed every second year;
and, whenever vacancies shall occur in
said Board, the President, by and with
the consent of the Senate, shall fill
such vacancies by appointment for the
unexpired portion of said term.
The fifth section, which is very long
and comprehensive, provides that the
Board shall investigate and inquire
into the rates of compensation and toll
charged by railroad companies coming
under the provisions of the act, and
prepare for the owners and operators Of
the same a separate schedule Of reason
able maximum rates of charges for
freight and passengers, etc, over the
lines respectively. The schedule, duly
authenticated and printed, shall be
kept posted in the Offices and depOts of
the companies; and each commissioner
is required to file copy of the sched-
ule and any amendments thereto with
the clerk of the Circuit Court of his
district, and such official copy shall be
received and held in all courts as con- |
elusive evidence Of said schedule; and |
copies duly certified from the Circuit |
Court clerks Office shall be received as
evidence in any trial in any court to the |
same extent as the original bill. For |
the purpose Of prosecuting any investi-
CATION under this act, and for the pur- |
pose Of ascertaining and fixing such |
reasonable maximum rates of charges, |
the Board shall have the power to ad- |
minister oaths, take testimony Of wit |
nesses, sendfOr persons or papers, and to |
require the production before them of |
books, records and papers; and for this
purpose they may issue process which |
shall be served by any Marshal or Dep |
Uty Marshal of the United States. And |
IN case any person summoned to appear |
as a witness before the Board shall fail |
or refuse to appear, or if any person re-
quired by the Board to produce before
them any books. records or papers In |
his possession shall fail or refuse to
produce the same, it shall be the duty /
of the Board forthwith to report the
fact to the nearest Judge of the Dis
trict or Circuit Court Of the United
States, who shall hear the matter sum-
marily, whether IN term time or vaca-
ton, and shall make such order in the
premises as may be deemed proper to
compel such person to appear before
said Board and answer all proper ques-
tons, and produce all papers, books
or records IN his possession required by
said Board, TO be by him produced, and
which in the Judgment of the Court
are proper evidence to be considered by
said Board, and such Judge may
enforce his orders, and pun
ish disobedience thereto, as in
cases of contempt. Said Com
missiOners may from time to time, and |
so often as circumstances may require, |
change and revise said schedules; and |
shall give notice Of such changes or
revisions, in the same manner as here
in provided. The schedules aforesaid |
shall not be deemed invalid on account
Of any failure of the Commissioners
preparing the same to include therein
all and every article or class of freight,
but shall be held to be good, and valid
as to all articles or classes which are
included or embraced therein; but it
shall be the duty of such Commission
ers, whenever 1t comes to their know
ledge that any article or class of freight
has been omitted from any such
schedule, to amend the same as soon as
practicable, by adding any such omit
ted articles or classes. @ Provided, that
if said Board of Railroad Commission
ers shall, after inquiry and investiga-
ton, be of the opinion that the charges
of any one Of the lines of railway de-
scribed herein are already fair and |
reasonable, they may, in their discre-
ton, omit to prepare a schedule for
such line, but such omission shall only |
continue so long as the charges ON
such line shall continue fair and
reasonable.
Section provides that the Commits
sioners may meet where they please,
and that a majority shall constitute a
quorum. 4 subcommittee of not less
than three members may sit for the
purpose of taking testimony, and shall
have all the powers of the Board in re-
lation to the summoning of witnesses,
etc.
Section 7 provides for the employ
ment Of a secretary at a salary of
$1,000. Witnesses who are not officers
or agents of the company under inves-
tigation shall be paid the same as wit
nesses summoned in the courts of the !
United States.