The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-08-27

The executive committee has decided
to file a petition with the Interstate
Commerce commission upon the ques-
tion of the discrimination in freight
charges on anthracite coal as COM
pared with bituminous coal and other
freights such as ice, rails, iron, ore,
limestone, grain. etc. Statistics to be
used in the petition are now being COM
piled.
1t is believed that the remedy for the
existing discrimination against the an
thracite region is to be found in the act
| known as the Interstate Commerce
law, which applies to any traffic pass
ing out, through or into the state. This
law is as follows:
PROVISIONS OF LAW.
First-All charges made for any service
| rendered in the transportation of property
| shall be reasonable and just; and every
unjust and unreG sonable charge for such
| service is prohibited and declared TO be
| unlawful.
| Second-If any railroad shall directly or
| indirectly by any device charge a greater
compensation for any service rendered in
| the transportation of property than it
| charges for a like ccntemporaneous SER
| vice in the transportation of a like kind
| of traffic under substantially similar cir
cumstances and conditions then that rail-
| road shall be deemed guilty of unjust dis
| elimination, which is hereby prohibited
and declared to be unlawful.
| Thrd-It shall be unlawful for any rail-
| road to make or give any undue or unrea-
| sCnable preferences or advantage to any
particular person. company, firm or local
| ity or any particular description of traffic
| in any respect whatsoever, or to subject
any particular person, company, firm,
| corporation or locality, or any particular
description of traffic to any undue or un-
reasonable preiudices or disadvantage in
any respect whatsoever.
The law has created a commission
composed of five commissioners ap-
pointed by the president who are chos-
en- for six years and receive 81, 800 each
| per wear.
They have authority to inquire into
the management of the business of all
railroads, and shall keep themselves
| informed as to the manner and method
| in which the same is conducted, and
have the right to obtain from such
| railroads full and complete informa-
| ton necessary to enable them to per-
form the duties and carry out the OBJ
jects of their duties and they shall
have power to require by subpoena, the
attendance and testimony of witnesses
| and the production of all books, pa
pers. traffics. contracts, agreements and
| documents relating to any matter un-
der investigation.
The failure to obey said subpoena
may be punished by the court as
| contempt thereof. The claim that any
such testimony or evidence may tend
to criminate the person giving such
evidence, shall not excuse such witness
from testifying.
REMEDY EASILY REACHED.
Any person, firm, corporation or as
| sociation, or any mercantile, agricul-
tural, or manufacturing society, or any
political body, or municipal organiza-
ton complaining of anything done or
omitted to be done by any railroad in
contravention to the provisions or this
act, may apply to said commission by
petition, says the law.
The petition shall briefly state the
facts, whereupon a statement of the
charges thus made, shall be forwarded
by the commission to such railroad who
shall be called upon to satisfy the COM
: plant, or to answer the same in a
reasonable time, to be specified by the
commission. If such common carrier
within the time specified shall make
reparation of the injury alleged to have
been done, said carrier shall be re-
lieved of liability to the complainant
only for the particular violation of law
thus complained of.
If such railroad shall not satisfy the
complaint within the time specified or
there shall appear to be any reasonable
ground for investigating said complaint
. it shall be the duty of the commission
to investigate the matters complained
of, in such manner and by such means
as it shall deem proper.
No complaint shall at any time be
dismissed because of the absence OF
direct damage to the complainant
All reports of investigation made by
the commission shall be entered of rec
ord, and a copy shall be furnished tc
the party who may have complained.
POWER TO PUNISH.
In any case in which an investiga.
. tion has been made by the commission
and they are satisfied that anythine
has been done in violation of this act
= or of any law cognizable by said com
: mission, by any railroad, or that any
injury or damage has been sustained by
7 the party complaining, or by any othel
r parties, it shall be the duty of Tho
! commission to send a report to suci
I railroad, together with notice to cease
l | and desist from such violation, anC
to make reparation for the injury 81
found to have been done within a rea
| | sonable time, to be specified by thu
| commission
If they refuse to obey, or violate tn,
l order then either the commission. o.
: any one interested in such order, ma,
: apply to the United States Circuit cour
in summary way by petition alleg
ing such violation or disobedience, ant
the court shall hear and determine th
e | matter on such short notice as tn
s court may deem reasonable, and sal,
= court shall proceed to hear and de
l. termine the matter speedily as a cour
OF equity, but in such manner as to d.
justice in the premises.
. The findings of the commission can
. : not be disputed in court. On such hear
ing the findings of fact in the repor
of said commission shall be prlma faci
evids 'ce of the matters therein stated
If 1t u male to appear to such cour
S that the Law ful order or requirement O
5 said commission has been violated O
disobeyed, said court may issue an in
junction to restrain such railroad fror
further continuing such violation o
: disobedience of the order of the com
n missien and enjoining obedience to tn
same.
ISSUE AN ATTACHMENT.
If the railroad refuses to obey tn
n order of the court. The court the
shall issue an attachment against sue