The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1896-03-24
LECIsl rIoN TO REGULATE
FREIGHT RATES on AGRI-
CULTURAL PRODUCE
Of the Progressive Farmer.

A bill has been introduced In Con
gress by Representative Curtis, Of
Kansas, providing agairs5 unjust dis.
elimination in freight rates on agricul
tural products by common carriers.
The bill aneLds On Act 10 regulate
comm rec" which was approved
March 2, 1889 and which was in itself
an amendment to an act under the
sane little approved Feb. 1887,
The bill now before the House pro
vides that whenever any common car
rier shall violate or refuse, or neglect
10 obey or p1rfcrm any lawful order Of
requirement Of the Commission created
! by this Act in regard to rates aad
charges on agricultural products and
other ireights not founded upon a con
/ troveTsy requiring trial by j1ry, as
provided b. the seventh amendment
TO the Constitution Of the United States,
! 1t shall be lawful to the Commission, or
t. any company or person interested
| IN such order or requirement, to apply
in summary way by petition tc the
! Circuit Court Of the U. tied States sit
ting in equity il the Judicial district
| in which the common carrier com.
| planned Of has its principal Office, Or
where two or more carriers are jointly
| complained Of than in the Judicial dis
triCt in which any Of such carriers has
its principal Office, or in which the vic
! la5ion or disobedience of such order or
requirement shall happen, alleging
such violation or disobedience, as the
! case may be; and the court shall have
! power TO hear and determine the mat,
| ter on such short notice to each com
mon carrier complained of as the court
/ shall deem reasonable; and such notice
may be served on a common carrier,
! his or its officers. agents, or servants
IN such manner as the court shall direct;
and The court proceed to hear and De
termine the matter as speedily as pos
sible, giving it priority over the other
business OF the court, and without the
| formal pleadings and proceedings ap
pIicab'e 20 ordinary suits in equity,
! but IL such manner as to do justice IN
the premises.
With su b petition shall be filed all
the pieadinSs, papers, exhibits and tcs
| tim0ny or copies thereof certified Oy
! the Secretary Of the C0mmis8ior) Lled
with or adGuced before the Ccmmis
sion III the course Of the Investigation
resulting ii the order or requirement.
10 onfcrc0 which the petition IS fled.
Such pieaQlDgs, exhibits, and tes5i-
| mOny (-r copies thereof so cert3G-G)
shau be r1cei able in evidence, ana
shall constitute the record IN the c~so
Oh which the court shall proceed 10 aG
judge al matters IL controversy there
IL, unless the court shall think it need
ful that additional evidence be taken
or further Inquiries be prosecuted to
enable i5 to form q just judgment, in
which case the court shall conmi5 the
matter to the Commission TO prosecute
such Inquiries and to take such evi
deuce, with and sua gestion concerning
the same which the court m2y deem
suitable.
Tue Commission shall therefore pro
caed TO prosecute sucl further inquir-
les ana take eUch additional evidence,
and report the Same 20 the court as &
part Of tee record ID the case, and the
Commission may, "a the same time, II
It's discretion, re hear and reconsider
any or ali questions involved N or con
neCted with It's order or It q Iirement to
enforce which the petition was f.ld
(u;h re-he8ring - be had upon all
ac Giti0nal o7i1ence, in connection with
The whole recoru flied with the petition
as above pTCvlGeC), al may UhereupOn
make a3d file III the cos3, with the re
port and return Of evidence taken an
amended or supplemental order, which
shall then he substituted for the OTIgi
nal order or requirement Of the Com
mission, and the case shall thereupon
proceed fer the enforcement OF such
amended or supplemental order only.
IF, N any proceeding 10 enforce the
order or req liremeDt Of the Commls
sion under any section Of this act, III
Guiding any amended or supplemental
order or requirement., the court shall,
upon the hearing, be Of the opinion that
no material error plainly rcjIdlcial to
The carrier appears in the proceedings,
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
ininnctLnn or nthar nronar nrneesa- !