The Washington times., 1905-11-29

apce.
Section II of the original act provides
/ that after a hearing the commission shall
make Il recommendation as to what rep
aration shall be made TO the shipper. In
the new act 1t IS provided that the com
mission shall make in writing It's orde-
! of requirement IN the premises. This
strengthens the power of the commits
sion, substituting an order for a recon-
/ mendation
/ Section 15 Of the original act provided
/ that if the commission found violation
Of the act had been committed. It should
notify the carrier and serve 1t with
notice TO cease such violation of the
law; and If within time specified the
carrier should comply with this order.
and make reDaration Tor carnage already
done the shipper. the carrier should be
relieved from further liability
For this section, the new act substi-
tutes provision that in case violations
of the act are found, on Investigation.
the commission shall determine a reas-
enable rate or practice. and shall order
the carrier TO observe this order. And
ne commission is given power TO fix
maximum rate. or a differentlal, and
to prescribe maximum and minimum
rates when these are deemed necessary
/ change classihcations of freight. And II
the carriers who are parties t0 through
route made up Of more than one road.
shall be unable TO agree on the division
of the through rate. the commission
shall decide
Commission to Determine.
The section further provides that If
the shipper furnishes any of the in
strumentalities used in shipping his
property-as. for example, II shipper
/ uses his own private cars-then the
commission shall determine the reason
/ able rate TO be allowed for providing
such instrumentalities, and this order
shall be obeyed and enforced as any
! other order of the commission
An order Of the commission shall take
effect IL not less than ten and com
monty net more than thirty days The
commission may establish through
routes and joint rates and fix the di-
vision OF the rate But this enunnersa-
ton of powers shall not exclude any
power the commission would have to
make any other orders under the other
provisions of the act
Section 1s OF the original act is a long
and technical one. prescribing the
method of court procedure in enforcing
vides alternative procedures. one gov
eTning cases triable by a jury, the other
eases not so triabie. Either the COM
mission or an aggrieved party may ap-
( ply in summary way TO the circuit
court alleging the facts And the
! court shall have power TO hear and
determine the matter. directing and
prosecuting any inquiries 1t may md
/ necessary Or such hearing the facts
developed before the commission shall
be prima facie evidence Of the facts in
The case On such trial. the court may
issue a writ OF injunction or other
proper process. mandatory or other
wise. 10 prevent further violation OF the
order. assgt enforcing obedience to it. In
case Of disobesfssE-ce, the court may is
sue attachment or other proper. process
against the carrier, OF its officers or
agents, and the court may also order
forfeiture OF not over $500 for every day
the djsobedience is continued. II over
S2,0oo is involved. appeal may be taken
I 10 the United States Supreme Court,
and such appeal shall not supersede the
] crder OF the court Forfeltures OF
money ordered by the court shall be
pagable as The court shall decide.
/ either 70 the complainant or into the
/ Treasury o. TO the court 10 await the
final adjudication o. the case. And
ment or execution When such peti-
ton shall he fled by the commission
the district attorney shall prosecute, at
the Government expense.
May File Petition.
This section is entirely rewritten in
the new bill. II IS provided that in case
OF noncompliance with an order OF the
commission for payment Of money, the
complainant may file in the circuit
court for the district in which he lives.
or in which is located the principal Of
fee OF the carrier. or through which
the road runs. on the law side, a petit
ton setting forth the order OF the COM
mission and the cause for which dam
ages are asked This shall be served
and returned with a writ OF summons
After due service there shall be pend
ing a civil suit for recovery Of dam
/ ages to be tried as such except that
the findings and order OF the com
mission shall be prima facie ev1dence
OF the facts. and the petitioner shall
be liable for no costs except such as
may accrue on his appeal. Complaints
for recovery Of damages must be filed
in three years after the cause accrues.
. and petition for enforcement OF an
years.
In case of any order except one for
! paymNnt OF money. the carrier may
within thirty days after the orders
service. begin IN circuit court IN the
district where its principal office Is sit
uated proceedings to set aside or va
cate IT, This shall be done by filing
on the equity side a bin setting forth
the grounds OF complaint. This shall
be served or the commission, which. in
side OF twenty days shall file a certI-
fed copy OF all It's proceedings in the
matter. on hearing, the court may
set aside the commIssions order II It
be decided unlawful. otherwise 1t shall
dismiss the case; In either case stating
. q req Of
! oYerrules the commission. and IL the
! defendant does not appeal to the Sup
RENE Court then the commission may
reopen the case for further hearing
and may make further order: or a new
order may be made without further
hearing, provided the new order shah
not conflict with the decision of the
court. The new order shall be sub
4 iact 10 reXieM by the court The GANG as