The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-05
Bill Introduce by Senator EIkins for
Fixing Railway Rates and
LegaIizing Agreement.
PAY OF JUDGES INCREASED
BILL FOR INCREASE OF SALARIES
PASSED By THE SENATE.
All Amendments Voted DOwn-NOyes
Case Discussed-New Senator
from New Jersey Seated.

WASHINGTON, Feb. 4-Seuator Elkins,
chairman Of the interstate-commerce COM
mittee, to-day introduced a bill making a
number Of changes in the interstate-com-
merce law. the most important of which
are giving the Interstate-commerce Com
mission authority. under certain conditions,
to fix railroad rates. legalizing pooling and
abolishing Imprisonment as a method of
Furnishing offenses against the law.
The provision with reference to the fix
ing of rates authorizes the Interstate-com-
merce Commission to hear complaints Of
discrimination made against common car
riers, and directs that any definite order
made by the committee after such hearing
declaring a rate regulation or practice to
be just and reasonable shall become OPP
erative and be observed by the party or
parties against whom it is made within
thirty days after notice. Appeal to the
United States Circuit Courts and to the
Supreme Court of the United States is au-
thorized. The latter court is given author
ity to suspend or revoke a rate order made
by the committee on application by parties
affected, and all such orders are limited to
one years duration. The committee is aU-
thorized TO determine the proportion for
each Of the carriers when the rate fur
nished is a joint rate.
The se6ion OF the bill concerning pooling
provides hat "it shall be lawful for any
two or more common carriers to arrange
between and among themselves for the
establishment or maintenance Of rates. 1t
also shall be lawful for such carriers to
agree, by contract in writing filed with the
Interstate-commerce Commission, upon the
division of their traffic or earnings, or
both" Authority is given to the Interstate
Commission to hear complaints
QOQi inst the fairness nf Cnnh nnOnnO ar
engagements and to make an order annul-
ling the contract in the respects found to
be unjust and unlawful. Failure TO com
ply with the order will work the annulment
Of the contract.
Proceedings by writ of injunction are au-
thoriZed against any party disobeying the
party is made subject to a penalty of $4,000,
to be paid into the treasury of the United
States. Where a road passes into a for
eign country authority Is given, in addition
to the imposition Of fines, to suspend the
movement of trains within the United
States until the requirement shall be COM
piled with. A fine of not less than $1,000
nor more than $1,000 is provided for the
willful failure OF any carrier to publish
tariffs or rates and charges, as required
by the interstate-commerce law.
The provision abolishing Imprisonment
is as follows: I'm all convictions occurring
after the passage of this act for offenses
whether committed before or after the
passage of this act, or for offenses under
this section no penalty shall be imposed
on the convicted party other than the fine
prescribed by law, Imprisonment wherever
now prescribed as part Of the penslty be-
ing hereby abolished"
Authority is given to the commission ia
require the publication of traffic rates, aAt
where there is reasonable ground for belief
that freightS or passengers are being car
ried for less than the published rates the
commission is authorized to begin pro-
ceedings in the Circuit Court of the United
states, which court Is required 10 enforce
an observance. of the published tariffs.
Those proceedings are to be directed not
only against the carrier, but also against
the other parties interested.