The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1903-01-22

interstate commerce and railroads from
other trust legislation. Tho interstate com
merce commission has been unable 10 agree
on questions which have been pending be-
fore IL relating TO pooling aud liking rates
by the interstate commerce commission.
The new bill leaves these contested ques-
lions out and covers features which nave
been most conspicuous in the preparation of
antitrust legislation. The bill was referred
TO the committee on Interstate commerce,
OF which senator Elkins is chairman and
II is the intention Of the committee TO
take it zip at an early day. Among those
who have been consulted In the prepora-
ton Of the hill. besides Mr.. Knox, were
Senators Aldrich, Cullom, Foraker, Clapp
Among other provisions of the bill are the
The wilfu failure to file tariff rates and
observe them subjects the road offending
TO fine Of S1OJO o. $4,000; granting or
receiving rebates 'ubiect the corporation
or corporations to the same fine.
Tho Interstate commerce commission can
institute suits in the United states courts
for supposed iufractions of the law. II Is
the duty OF United States district attor-
neys under direction Of the attorney gen
eral. to institute and prosecute suits pro
yided for in the act
The bill gives the commission power 10
compel the Attendance Of witnesses, both
carrier aud shipper, who are required to
answer ON all subjects reinting directly
or Indirectly 10 the controversy; the court
can also compel the production of books
and papers, but all witnesses shall have
the same immunity from prosecution and
punishment rs now provided by law.
The Elkins bill is entitled. "A bill to fur
ther regulate commerce with foreign ma
lions and among the States.'
1t is as follows:
Section l. That anything done or omit
ted to be done by corporation common
carrier, subject To the act to regulate com
merce and acts ameudatorv thereto which
II done or omitted by any lessee, trustee
receiver, officer agent or representative
or Such CORPORATION. would constitute a
mlsdemeanor under said act. shall be held
| 10 be mlsdemeanor by such corpurutiou
and on conviction thereof IL shall he sub
lccted to like penalties ms are prescribed
IN sad acts with reference 10 individuals
except as such penalties are herein changed
| The willfnl failure ON the part Of any ear
rler subject To said acts To file and publish
/ me taFihS or rebates and changes M re-
CURED by said acts. nr strictly ia observe
such tariffs until changed. shall be q mis-
uelneanor, and upon conviction thereof the
| corporation offending shall he subject to
| nnc NOT less than $1,000 nor more than
$1,000 Tor each "nense ana II shall he
! unlaWtul Tor any person, persons or cor.
| poratlons 10 oifer, grant give, OF TO
solicit accept or receive any rebate con
ression or discrimination i'm rrsuert of tbn
transportation of any property IN inter
state or foreign commerce by any common
eArrler subject to the acts to regulate com
W'rcc whereby any such property shall by
my device whatever. be transported at a
,vSSs raIe IMAM mat named In the tariff
puoIiShed and filed by such carrier. as Is
H'rc'. Every person or corporation who
shall order, grant or give or solicit accent
yi receive any such rebates concessions or
ulScElnlhauon shall be deemed guilty OF a
mlsdcmeanor and on conviction thereof
snail be punished by a fine of not less thar,
SlWu or more than $4,000, imprisonment
Wherever now prescribed MS part of thu
penalty being hereby abolished
sec ,. That. In any proceeding for the
en1Iorccl4ent OF the provisions Of the stat
utes relating TO Interstate commerce q
persons In addition to the carrier. inter.
ested In or affected by the rate. regulation
or pracIlce under consideration, and In.
qutries' Investigations. orders and decress
may be made with reference to 9nd agsinst
such additional parties I'm the same manner
10 we same extent and subject 10 the same
provisions ms are or shnll he authorized nv
law with respect to carriers ~
Sec 3. That. whenever the Interstate
commerce commission shall have reasonablo
sro pI,l IoI oellef that any common carrier
IS engaged IN the carriage of passengers Of
freight traffic between given poipts m Iaes
ihnn the published rates on file or h com
uniting any determinations forbidden by
law. 1t shall be authorized 10 present
petition to the circuit court OF the T-nIted
states having jurisdiction Of tho pnrttas
alleging such practices: whereupon II shnll
~" Ihe GUY OF the court to summayily In.
qulre INTO thc circumstances ana upon
being satisfied Of the truth OF The allega.
non I" enforce IN observance Of The. pub.
lshed iarihs or require a discrimination
orders
and processes, which said orders and pro.
cesses may he onforcihlc as well against
ne parties Interested in the traffic as
against the carrier II shall he the duty
Of the several district attorneys OF tic
United States. under direction u tho nj
torner general 10 institute and prosecute
such proceedings and the proceedings pro-
yided for by this act shall not preclude
the bringing Of suit for tho recovery OF
damages by any partv injured or any other
action provided IN the said act approved
APRIL Z. 1871 entitled An act to regnIate
no commerce and the act nmendqtory
thereof. and In PROCEEDINGS under this pct
and the net TO regulate the commerce fbe
said courts shall have tho power 10 co1,nol
Tho attendance Of Witnesses both on tGe
part of the carrier and the shipper Who
shall he REQUIRED m answer on ali snb.
ieots relotin" diroctlv or Indirectly Ia tho
matter IN CONTROVERSY: and TO comnel tba
production ~ al books and unpers botb
~ ihe5 carrier Nnd tho simmer. which No.
lete directly or Indirectly 10 such trans
aef'ouS' hrt MI corridors corrorq,ious or
shinners whose hooks npd naners are nro-
duood IN evidence IN said n~oceo1tnc, ana
.en persons required to testify shall have