Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-12-29
Farther DeRsiag the Duties
and Powers Of Interstate
Commerce. Commission
DECIDED REFORMS
synopsis Of Sensible Hill which
Il Reing Pushed In Congress
BY strong Influence
The Optic publishes below d /,

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synopsis Of the bill recently Intro
duced in congress through the instru
mentality Of . powerful committed
Further Defining the Duties and Pow
ers Of the Interstate Commerce Com
mission the purpose Of which Is 4
rehabilitate the commission with au
tAoriiy to determine. after full hear
Ing Of all parties In interest, wha
change shall be made In q rate com
planned Of. or any practice effectinl
the rate, for the transportation of per
sons or property. found TO be discrim
native or unreasonable, such deter
mlnation to be Immediately operative
subject TO suspension by a Circuit
court Of the United States upon re
view of application of the carrier.
The commission exercised this All
thority to the general satisfaction
both OF The commercial and the rail
way interests Of the country, for q
period Of ten years after Its organiza,
ti0n, the existence of which was al
that time denied by the supreme court
OF the United States on the ground
that II was not expressly conferred by
the provisions Of the Inter. State Com
merce act. Without this authority
the commission III powerIess 10 rem
cdy wrongs found 70 exist 10 inter,
state transportation. whether or not
. rate or practice complained Of Is
just and reasonable. and, II otherwise,
70 notifying the carrier to cause to
4 and desist from IL continuance.
the carrier being free to make as
slight o change therein an II may see
at.
Section |. Provides that any order
made BY the Inter State Commerce
commission, after hearing and de.
termination had on any petition now
pending or hereafter presented under
the provisions OF the Act 20 Regulate
Commerce.. Commonly termed the
Inter State Commerce act), declaring
any existing rate, or regulation OF
practice affecting such rate. com
planned Of. for the transportation Of
persons or property. to be u~njustly
discrimInntiye or unreasonable. and
declaring what rate, regulation OF
practice would be just or reason
able. and requiring them 10 be sub
stituted therefor. shall become opera.
tive within thirty days. OF. in case of
proceeding for review. then within
sixty days. Such order may Ok any
time be modified. suspended, d reych
ed By the commission upon full hear
ing OF all parties In interest.
Sec. 2. Provides that II the rate Is
Q joint rate. and the parties thereto
fail 10 agree upon the apportionmcnt
thereof within twenty days, the COM
mission may determine the portion TO
be received by each carrier. Also.
when the order OF the commission
.prescribes the just relation Of rates
70 or from common points. and tho
carriers parties thereto fail 70 agree
As to the changes to be made 10 effect
compliance. the commission shall
prescribe the rates to be charged by
either or all Of the parties.
Sec. 5. Provides that every order
" 20 It's business. reasonableness and
Iawfulness, shall be renewable. upon
filed within twenty days. by
any circuit court given jurisdiction.
Ind requires the commission 10 iic q
certified copy Of the record Of the case
twenty days after notice. The
court may in Its discretion. upon tho
application of either party. cause ad.
iitional testimony TO be taken In such
J manner as II may direct, and. after
hearing. the court Is 81 open opinion
hat the order o. the commission was
under SOM error Of law. or Is.
ipon the facts. unjust or unreason
lble, IL shall modify. set aside or an.
iul the same; otherwise the petition
hail be dismissed. Pending review,
he court may, upon application AMI
rearing. II In its opinion the order. Is
unlawful or erroneous, sus
'end the order. Appeal TO the su.
RENE court may be taken within thir
y days, but the order Or the circuit is
'ot stayed thereby. Cases under this
ct In both courts are given prec.
dence over ali except criminal cases.
Sec. 4. Provides that the defense In
y such proceedings for review shall
= undertaken BY the proper district