The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-12
CONGRESS ON FREIGHT RATES

CONGRESS ON FREIGHT RATES
Congressman Curtis Of the Fourth
Kansas district has introduced a bill
! to prevent unjust discrimination in
freight rates. The Topeka Journals
commission has endorsed the bill as
| being just what is desired and that
| which is necessary to enable them to
| correct existing evils, such as are COM
Mr.. Curtis will urge the committee
for a favorable report. The bill is an
amendment TO section 16 of the inter-
state commerce act of 1889. The COM
missioners say the difficulty with the
| present law is that immediate relief
! cannot be given. A complaint is made
and as under the present system the
case has to take its turn and is sub
ject to the delays of postponement and
adjournments of court, the railroads
can keep on charging the unjust rate
until the case is settled. The proposed
amendment provides a remedy for this
by making it possible for any interest
ed person to resort to any of the sum-
mary methods of courts 10 obtain i'm
mediate enforcement OF the commits
sion'S order
The following are the salient points
of the bill. 1t reads: ''That whenever
any common carrier subject to the
provisions of this act, shall violate or
refuse or neglect to obey or perform
any lawful order or requirement of the
commission created by this act, in re-
gard to rates and charges upon agri-
cultural products and other freightS
not founded upon controversy requir
ing a trial by jury, as provided by
the seventh amendment to the cOnSti-
tuition of the United States, it shall be
lawful for the commission, or for any
company or person interested in such
order or requirement to apply in a
summary way by petition TO the cir
cult court of the United States sitting
which the common carrier complained
of has its principal office, or in which
the violation or diobedience of such or
der or requirement shall happen alleg-
ing such violation or diS0bedience, as
the case may be; and the said court
shall have power TO hear and determine
the matter on such short notice to
each common carrier complained of as
the court shall deem reasonable; and
such notice may be served an such
cOmon carrier; and said court shall
proceed TO hear and determine the mat
ter as speedily as possible, giving it
priority over the other business of the
court and without the formal plead
ingS and proceedings applicable to or
binary suits in equity, but in such man
ner as to do justice in the premises.
IF, in any proceeding To enforce the
order or requirement of the commits
sion under any section of this act, in
Guiding any amended or supplemental
order or requirement, the court shall.
upon the hearing, be of opinion that
no material error plainly prejudicial
to the carrier appears in the proceed
ingS. decision. order or requirement of
the commission it shall so decide. and
shall thereupon enter such judgment,
decree or order, or issue such writ Of
injunction or other proper process,
mandatory or otherwise, as shall be
suitable or necessary to compel COM
pliance with such decision. order or re-
quirement in such manner and within
such time as may appear reasonable.
but if upon such hearing the court shall
be Of opinion that material error does
appear plainly prejudicial 10 the carrier
in the proceedings decision. order or
requirement of the commission il shall
so decide and shall thereupon enter
such final judgment, decree or order
as may be proper, but without preju-
dice 70 subsequent application for
the enforcement OF any order made by
the commission upon a rehearing pur-
suant 10 section Is OF this act"
IN case Of diSobedience OF the writ
OF injunction the court may issue a
writ OF attachment or any other appli-
cable process against the common car
rier or if II sees Mt assess a fine Of 500
for every day that the order Is not
obeyed- The money Is payable either
10 the party complaining or into the
court IS the court may direct
There are other provisions describing
the procedure when a trial by jury is
had aud also n relation 10 appeals.
The court Is also directed 10 assess
costs and attorneys fees.
ENGLAND AND EGYPT.
II England does not let 20 o. Egypt