The Montgomery advertiser., 1905-11-30
ANOTHER RATE BILL
coMMERcE COMPASSION PREPARES
 MEASURE.
Copy Submlfted t0 the Senate Commit tee. Which Adj0urns Without
 Taking Any Action on the

Washington. Nov. 2s.--The Senate committee on Interstate commerce to- day received copy of the rate bill pre- pared by the interstate commerce com mission to, be submitted to Congress for amendment to the interstate com merce laws. No action was taken and the committee adjourned until Fri- day
 The most important provisions of the bill are summarized as follows:
 It defines the word transportation so as to include all instrumentalities em- ployed by the carrier. including ele- vators, terminals cars. whether owned by the carrier or other parties for ref rigeration. ventilation or other pur- poses. and requires the carrier to fur nish such transportation upon reason able request of the shippers publishing the total charges for such shipments.
 It makes the through or joint rate where goods are shipped from one part of the United States to another through a foreign country subject to the con- trol of the interstate commerce law and enforces this provision by making the merchandise shipped through the for eign country from one part of the Uni- ted States and delivered in the United States, subject to the customs duties
 
 is filed with the interstate commerce commission and published.
 Right to Examine Accounts.
 It authorizes the commission through inspectors to examine the accounts of interstate railroads, forbids the keeping of any other books or accounts except those prescribed by the commission. It gives to the interstate commerce com mission, where rates and practices of railways are complained of by indi- viduals or corporations including oth- CT carriers or trade organizations or municipal corporations as unjust or un- reasonable discriminatory. to deter mine upon full hearing what a just and reasonable rate or practice is, which should take the place of the rate or practice condemned by the commission. And in discharging this duty the conn mission is given the power to fix a maximum rate.
 To fix the differential and to pre- scribe both maximum and minimum rates, to enforce same when that may be necessary to prevent discrimination forbidden by the bill. but not otherwise. To change the classification of any ar- ticie.
 It also gives the commission the pow CT in case 1t fixes joint rate and the carriers interested are not able to agree on its apportionment. to make supple- mentary order apportioning the same.
 similar power is given to estab- fish through routes and and joint rates and fix the terms and conditions un- der which route shall be operated if the carriers fail or refuse to agree upon tho same.
 May Determine Reasonable Charge.
 It also provides that where the owner of the property transported rem ders any service in connection with the transportation or furnishes any instrumeptality used. the commission may. on complaint, determine what is reasonable charge to be paid by car riers for such service or instrumental fty.
 1t provides for the collection in the courts of overcharges found due by the commission and the penalties for the failure of the carriers to observe final orders of the Commission.
 It provides that the final orders of the Commission shall take effect with in thirty days from the time they are served on the carrier and unless va- cAted by the courts, said orders will remain effective for the space of one year.
 In case the carriers complained of object to putting orders of the Commits sion into effect their right to have the same reviewed in the Circuit Court of the United States is provided for.
 
 now established for the courts of the United States, namely that the Chan cellor may, upon notice to both parties, extend the time within which said or ders shall take effect, not to exceed sixty days from the date of service of the orders on the carriers; and that the court may also, if 1t plainly appears that the order is unlawful, but not otherwise. suspend its operation with in the discretion of the court
 An appeal from the Circuit Court to the Supreme Court without super sedeas Is allowed. The bill provides that no cost shall be allowed the pe- titioner in the Circuit Court.
 United States the Defendant.
 In the cases appealed to the Supreme Court, the United States is the defend ant and if the proceedings are dismiss ed, the defendant shall have judgment for its costs. The defense in these proceedings Is conducted by the Gov ernment through the district attorneys | fin the district where action is brought | under the direction of the Attorney | General, the cost to be paid out of the | appropriations for the maintenance of |