The daily morning journal and courier., 1905-11-25
FORAKER PRESENTS HIS
 MEASURE ID COMMITTEE
TRIES TO MEET COMPLAINTS AGAINST PRESENT RAIL-
 ROAD REGULATION.

Bill Provides for EnjOining the Publish-
 ing and Charging of Excessive Rates
 and Also Against Discrimination
 Acceptance of Free Passes Also Pro-
 vided Against-Free Access to Rail-
 road DOcuments-TO Meet Complaints
 as to Rail Rates.
 Washington, Nov. 24.-senator For aker of Ohio to-day presented to the senate committee on interstate conn merce the draft of his bill to amend the interstate commerce law. The sen ator stated that he had tried to meet the complaints against present railroad regulation, and at the same time avoid conferring upon the interstate commerce commission, or any other similar body, full power over railroad rates.
 The Foraker bill, however, provides for enjoining the publishing and charging of excessive rates and for en- joining any discriminations forbidden by law whether as between shippers, places, commodities or otherwise and whether effected by means of rates, rebates, classifications, private cars, preferentials, ''or in any manner what ever." While this does not confer upon the court the power to fix rate, it does authorize the court to say what is an unlawful rate, and how much is unlawful, and to enjoin the carrier from charging more than is found to be lawful. The bill also is designed to prohibit the giving of passes; to al- low free access to railroad documents and to meet complaints as to rail rates on export and import freight. The irn- portant provisions Of the Foraker bill are contained in a section which amends section of the EIkins act and is as follows:
 Section 3.-That whenever the in- terstate commerce commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passenger or freight traf- fic between given points at less than the published rate on file, or is, either singly or in cooperation with one or more other carriers, publishing or charging unjust or unreasonable rates therefor, or Is committing any discrin- ations forbidden by law, whether as between shippers, places, commodities, or other wise, and whether affected by means of rates, rebates, classiflcations, preferentia1s, private cars, refrigerator cars, switching or terminal charges, failure to supply shippers. equallyw ith cars, or in any manner whatsoever, it shall be it's duty if such carrier or car- riers will not, after due notice, desist from such violation of the law to file with the attorney general brief state ment of it's grounds for such belief and the evidence in support thereof and thereupon, under his direction and in the name of the United States, a peti- tion shall be presented alleging such facts to the circuit court of the United States sitting in equity, having juris- dfction; and when the act complain ed of is alleged to have been committed or as being committed in part in more than one judicial district or state it may be dealt with, inquired of, tried, and determined in any one of such Ju- dicial districts or states, whereupon it shall be the duty of the court summar- fly to inquire into the facts and cir
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