The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-09
sUMMARY OF RLRINs BILL
What the Provisions Are Of the New
Railroad Law.

@4~t-~A@s4l law
The following is a summary of the
Ellzlns bill recently enacted by con-
gress, and which has caused so much
agitation in railroad circles:
Section IL. This laws makes the
railway corporation common CARRIER
subject to the penalties prescribed in the
old interstate commerce law, as well as
under this act
p 1t declares it to be a misdemeanor
punishable by fine OF $1,000 to $4,000 for
(a) wilfuily fail to file and publish
tariffs. both freight and passenger. CD
Wilfully fail strictly 10 observe such
tariffs while in force
g. 1t is made misdemeanor, subject
to a penalty of $1,000 to $50. 900, for any
person, persons or corporations to Offer
grant, give, solicit. accept or receive
any rebate, concession or discrimination
in respect of the transportation Of any
property in interstate or foreign COM
merce by any common carrier subject
to the interstate commerce law, where
by any such property shall by any de-
vice whatever be transported at a less
rate than that named in the tariffs pub
lished and filed by such carrier. or
whereby any other advantage is given
or discrimination is practiced.
4 imprisonment provided for under
the old law in cases of discrimination
is abolished and affects offenses both
before and after the passage of this law
8. Violations OF the foregoing pro-
A1iDtAn ilAdy BC prosecuted III any court
of the United States having jurisdiction
of crimes within the district in which
the violation was committed, or through
which the transportation may have been
conducted.
8. The act. omission or failure of any
officer, agent or other person acting Tor
or employed by any common carrier act
ing within the scope of his employment.
shall be deemed to be the act. omission
or failure of such carrier, as well that
of the person; (but where a shipper is a
corporation, the act of its authorized
agent is. of course, the act of the cor
pOration).
z. Whenever any carrier files or pub
fishes particular rate or participates
in any rate so fled or published that
rate is conclusively deemed the legal rate
in any prosecution, and any departure
or offer to depart from such rate is an
offense.
Section FIN proceedings before the
commission or in courts to enforce the
law, all persons interested in or affected
by the rate. regulation or practice under
consideration may be included and or
ders and DEGREES made against them.
Section 3-When the commission be
heve any carrier is carrying passengers
or freight at less than the published
rate on file or is committing any dis
examinations forbidden by law, it may
institute proceedings in the United
States circuit court having jurisdiction,
and the court shall summarily inquire
into the matter without formal plead
ings or proceedings applicable to suits
in equity and make other persons or
corporations party thereto as may be
necessary; and the court. on being sat
isfied of the truth of the allegations,
shall enforce observance of the pub
lished tariffs and require the discon-
tinuance of the discrimination, which
orders may be enforced against parties
interested in the traffic, as well as
against the carrier.
Whenever the attorney general shall
direct. the several district attorneys of
+ the United States shall institute the
proceedings provided for.
The courts are given the power to
compel the attendance of all witnesses,
and to compel the production of all
books and papers, both of carrier or
shipper. which relate directly or indi-
rectly to the transaction: but no person
shall be prosecuted or subjected to any
penalty or forfeiture on account of any
transaction or matter concerning which
he may testify or produce evidence
documentary or otherwise.
The provisions of the Sherman anti
trust act to expedite the hearing and
/ determination of suits in equity. and Of
any acts which may be passed for a
+ like purpose. shall apply to any case
/ prosecuted under the direction Of the
attorney general in the name of the
/ interstate commerce commission.