Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-02-05
CHANGES N The LAW
Senator Elkins Introduces a Bill
Changing the Interstate
Commerce Law.
Would Give the Commission Au.
thority to Fix the Rail.
read Rates.
The Companies Given Right to
Appeal to the Supreme
Court.

Washington, Feb. 5.-Senator Ell
kins. chairman of the interstate COM
merce commission, has introduced
bill making a number of changes in
the interstate commerce law the most
important of which are the follow
ing:
Giving the interstate commerce
commission authority under certain
conditions to fix railroad rates. legal
izing pooling and abolishing impris-
onment as a method of Furnishing Of
lenses against the law.
The provision with reference to the
fixing of rates authorizes the inter-
state commerce commission to hear
complaints of discrimination made
against common carriers and directs
that any definite order made by the
commission after such hearing, declar-
ing rate regulation or practice to be
just and reasonable, shall become OPP
erative and be observed by the party
or parties against whom 1t is made
within thirty days after notice. APP
peal to the United States circuit courts
and to the supreme court of the United
States is authorized. The latter court
is given authority to suspend or revoke
a rate order made by the commission
upon application by parties affected
and all such orders are limited to one
years duration.
The commission is authorized to de-
termine the proportion for each of the
carriers when the rate fixed Is point
rate.
The section of the bill concerning
pooling provides at shall be lawful for
any two or more common carriers to ar
range between and among themselves
for the establishment OF or mainten-
ance of rates. 1t also shall be lawful
for such carriers to agree by contract
in writing filed with the interstate
commerce commission upon the divis-
fon of their traffic or earnings of both.
Authority is given to the interstate
commerce commission to hear COM
plants against the fairness of such
polling arrangements and to make an
order annulling the contract in the re-
spects found to be unjust and unlaw-
full. Failure to comply with the order
will work annullment of the contract.
Proceedings by writ of injunction
are authorized against any party dis
obeying the provisions of the bill, and
the offending party also is made sub
ject to Il penalty of $4,000 to be paid
into the treasury of the United States. |
Where railroads pass into foreign
country authority is given to. in adj
dition to the imposition of fines, to
suspend the movement of trains within
the United States until the require !
ments shall be complied with. A fine |
of not less than $1,000 nor more than
$4,000 is provided for the wilful fail
ure of any carrier to publish tariffs of
rates and charges as required by the
interstate commerce law.
The provision abolishing imprison- |
ment is as follows:
In all convictions. occurring 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. i'm
prisonment, wherever now prescribed
as a part of the penalty. being here
by abolished"
Authority is given to the commission
to require the publication of traffic !
rates, and where there is reasonable I
ground for belief that freights or pas
sengers are being carried for less than |
the published rates. the commission is
authorized to begin proceedings in the
circuit court of the United States, |
which court is required to enforce an /
observance of the published tariffs.
These proceedings are to be directed not /
only against the carrier but also I
against the other parties interested.
Kansas has eleven zinc smelling es-
while the combined total I
in other states is but thirty-one.