The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-10
Relating to Discrimination in
Grain Rates
Seems to Cover the Ground Sat-
isfactOrily.
HAS BEEN REFERRED
To the Interstate Commerce
Commission itself,
Which Declares 1t To Be the
Proper Measure.

From the State Journals Special Correspondent
WASHINGTON, March TO- - Congress
man Curtis bill to prevent unjust dis
elimination in freight rates which was
introduced few days ago was referred
to the committee on foreign and inter
state commerce. Mr. Curtis will ask the
committee to submit the bill to the inter-
state comm,9rce commission for its opin-
ion. AS the commission has already in
formed MIR. Cnrtis that the bill is just
what is needed to correct evils such as
are now complained of in Kansas, its
recommendation to the committee will
undoubtedly be favorable.
The bill is an amendment to section 16
of the interstate commerce act of 1889.
The commissioners say the diff Guilty
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 aod is sub
ject to the delays of postpone ement and
adjournments of court, the railroads can
keep on charging the unjust rate until
the case is settled. The proposed
amendment provides a remedy fer this
by making it possible for any interested
person to resort to any of the summary
methods of courts to obtain Immediate
enforcement OF the commissions order.
Fuller statements of the provisions of
JOURNAL are:
"rhat whenever any common carrier
subject TO the provisions of this acf,
shall violate or refuse or neglect to obey
or perform any lawful order require
ment of the commission created by this
act, in regard TO rates and charges upon
agricultural prod ucts and other freights
not founded upon a controversy requIr-
ing trial by jury, provided by the
seventh amendment to the constitution
OF the United States, it shall be lawful
for Tho commission, or for any company
or person interested in such order re-
quirement, 10 apply in summary way
10y petition to the circuit court of the
United States sitting in equity in the ju-
dicial district IN which tEe. common car
rier complained of has its principal
office, or where two or more carriers are
jointly com planned of then in the judi
cial district In which any OF such
carriers has its principal office. or
in which the violation or disobed-
ience of such order or require
msht shall happen alleging such viola
ton or disobedience, 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 com
planned of as the court shall
deem reasonable; and such notice may
be served on such common carrier; and
termine the matter as speedily as posi-
BILE, giving it priority over the other bus
mess of the court, and without the for
NAL pleadings and proceedings applica-
BILE to ordinary suits in equity, but in
such manner as to do justice in the
premises.
"If, in any proceeding to enforce the
order or requirement of the commission
under any section of this act, including
any amended or supplemental order or
require ment, the court shall, upon the
hearing, be of opinion that no material
error plainly prejudicial to the carrier
appears in the proceedings, decision. or
der or requirement of the commission it
shall so decide, and shall thereupon en-
ter 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 com.
pei compliance with such decision, Or
der or requirement in such manner and
within such time as may appear reasona-
BILE, but if upon such hearing the court
shall be of opinion that material error
does appear plainly pre1udIcial to the
carrier in the proceedings, decision, or
der or requirement. of the commission 1t
shall so decide and shall thereupon enter
such final judgment, decree OF order as
may be proper. but without prejudice TO
a 81 ubsequent application for the enforce
ment of any order made by the commits
sion upon rehearing pursuant to section
16 of this act"
In case of disobedience of the writ of
injunction the court may issue writ OF
attachment or any other applicable pro-
cess against the common carrier or if it
sees fit may assess fine of $500 for every
day that the order is not obeyed. The
money is payable either to the party
complaining or into the court as the
co urt may direct.
There are other provisions describing
the procedure when a trial by jury is
had and also in relation to appeals. The
court is also directed to assess costs and
attorneys fees.
OVERTIME CLAIMS.