Arizona republican., 1902-01-16

commission. the Cullom bill provided for a national freight classification. It
 amended the fourth section Of the act
 in reference to loES and short haul by relieving the carrier from the operation Of this provision. under conditions pre- scribed by the interstate commerce
 Comrnissior1. It authorized the com
 mission 10 closely sc1utinizc the books
 and reports Of the transportation lines.
 which feature was regarded by the
 carriers as inquisiUorial. and there
 fore was opposed by them with bitter
 hostility.
 The new bill, which consists Of but
 three sections, aims to restore to the
 interstate commerce commission the
 powers which it was supposed to pos
 sesss and which it exercised for some years after the act creating it was
 passed. II simply makes the rulings of the commission effective until reversed by the courts. It cOnfers no rate making power. bat does authorize the commission to correct a rate which
 has been found. after full hearing. to { be unjust or discriminative. and gives ample protection. through appeal. from ! all possible injustice.
 A brief synopsis Of the bill is as fol- lows:
 Section i of the bill amends section [ , of or offer lC transport traffic at any other rate. CT upon any other terms or conditions than those stated in the published tariffs. or the payment Of any rebate or departure, by any de- vice. from published rates. or the 1 transportation of tDnc. without hay
 ing first published a tariff applicable to the same. shall be deemed al mis- demeanor. punishable by a fine Of not less than S5.O0C nor more than S2o. .O0O That the making of any false repre- sentatioo as to weight or description of property by a shipper shall be punish able by 9 fine Of from $1 900 to s5.OCO -I imprisonment penalties prescribed ! by the existing act are eliminated. Section , amends section 15 of the act. so that il shall be the duty Of the commission when. after a full hearing. ! 1t is found that any rate. rela ton of
 rates, classification of freight or | other practice of the carrier is in vio- i iation of any provision Of the act. to order such change 70 be made therein as it lthe commission may determine
 to lee necessary, in orde- to correct the wrong. The commissions orders shall ! take effect in not less than twenty days after service upon the carrier; ol;t ! the carrier may apply to circuit court , of the United States for review Of any such order within that time. which 1 shall of itself suspend the order for
 thirty days. If it plainly appears that the order is unlawful. or is unjust and unreasonable upon the facts. the court raay suspend it's operation during the | tendency of proceedings. If. upon
 hearing, the court finds the order not
 to be lawful, just and reasonable. it shall vacate said order. Either party
 has the right of appeal to the supreme
 court. within thirty days; but such 1 appeal shall not stay or supersedc the order of the circuit court.
 ' Section amends section 1s of the act, so that the orders of the com mission shall continue in force for two
 years only; but, iE case q change shall thereafter be made by the carrier in
 the rate or practice prescribed by such order, any party interested may file
 objection thereto with the commission within sixty days. and the comr-is- sion may order a restoration thereof ' pending its investigation. which orde-
 shall not be subject to review: but q final order, pursuant to the inVestiza-
 tion shall be subject to the same right of review as the original order. In case Of refusal or neglect to obey the Il commissions order, the circuit court
 having jurisdiction is required. 1oon
 betttl"h or the commission or any in- terested party, 10 enforce obedience thereof; the penalty for refusal or neg lcct to obey such order beinc; SIC. .OOO
 for every day of default Tn. circuit court is required to cnjoin carriers and shippers from giving OF receiving any concession from published rates. and the carrier from rendering greater .i service in any respect than that stated in the published tariffs
 , It has been deemed advisa b!e to re- ' strict the provisions Of this bill to the above points. which seem indisDenea- bic for securing the effectiveness Of the interstate commerce act and to avoid i encumbering it with provisions which. though desirable, are Of less impor- Il tance.