The Montgomery advertiser., 1905-01-31
Court of Transportation
 Created. MEMBERSHIP INCREASED Amended ESch- Townsend Bill
 Was Adopted. After Sessions Lasting Practically All Day, Measure to Increase Pow CTS of Interstate Commerce
 Commission Was Reported.
MEMBERSHIP INCREASED

w OV.-4AC L1ouoS Committee on Interstate and Foreign Commerce by a party vote today au- thorized a favorable report to the House on the bill extending authority of the Interstate Commerce Commis- sion to fix rates, increasing the com mittee from five to seven members and creaing a court of transportation.
 The bill is a combination of the Esch- Townsend measure with amendments taken from the Hepburn bill. The ac- ton of the Committee was reached af- ter sessions lasting practically all day. At 10 o'clock the eleven Republican members of the Committee met for the purpose of agreeing on a bill. Eight. of them were in favor of reporting the Hepburn bill. lacking one vote of be- ing majority. Messrs. Townsend, Esch and Lowering were in favor of the Esch- ch-Townsend proposition.
 Finally Chairman Hepburn moved to report the sch-Townsend measure with amendments and then the Demo- cratic members of the committee were called in and an hour given to caucus on the bill. During this time 1t devel- oped that two of the six minority members were not satisfied with the Davey bill. The four members who did support 1t agreed to add two amend ments, one providing that where a rate
 
 two or more roads the Commission, on failure of the roads to agree on di- vision of the rate, shall make a ruling on the matter and the other expediting litigation over a rate which has been fixed.
 The full Committee met at 4 o'clock and after voting down the Davey bill by party vote, the Republicans car- ried the Hepburn motion. The Demo- fa yUnllld sent the Davey bill in the House with a minority report. MT. Townsend sub- sequently introduced in the House the measure agreed on in order to have 1t printed. The bin as reported contains twenty two sections. Sections 1 and extend authority to the Interstate Commerce Commission whenever after full hear ing it was declared any existing rate for the transportation of persons or property or regulation or practice whatsoever affecting the transportation of persons or property to be unreas- pnable or unjustly discriminatory, to declare and order what shall be just and reasonable rate. practice or regu- lation to be charged, imposed or fol- lowed in the future in place of that found to be unreasonable or unjustly discriminatory and the order of the Commission shall of course of it's own force become operative thirty days af- ter notice has been given to the per son or persons directly affected there by; but at any time within sixty days from date of such notice only person or persons directly affected by the or der of the commission and deeming it to be contrary to law may institute proceedings in the court of transpor- tation sitting as a court of equity to have it reviewed and it's lawfulness. justness or dnreasonableness deter mine
 When the rate substituted by the Commission shall be joint rate the carriers fail to agree on the appor- tionment thereof among themselves within twenty days after notice Of such order, the Commission after full hearing may issue a supplemental or der declaring the portion of such joint rate to be received by each carrier, party thereto. which shall take effect of its own force as part of the original order, subject to review like the orig inal order.
 Section 3 makes all proceedings be- fore the Commission. including the Erecord of evidence, findings and rec ords of the Commission a part of the record in the case to be sent to the court of transportation within ten days after notice for review has been
 
 court are to be conducted by the Att torney General The Commission. however. may employ special counsel at the approval of the Attorney Gen eral and moreover is given full power even during proceedings to modify. suspend or annul its former order, rui- ing or requirement.
 Section imposes a penalty of fine of $5,000 q day for each day parties HTiol nf S- sion made under Sections and of the bill.
 Section 5 defines the word person" to include corporations.
 Section 6 increases che membership of the Commission to seven and makes the salary of each $10,000 a year, and concludes: '@rhe President shall ap point by and with the consent of the Senate two additional Interstate Com merce Commissioners. Not more than four commissioners shall be appolnte6 from the same political party"
 Section ' establishes the court of transportation to be composed of five Circuit Judges of the United States, no TWO of whom shall be from the same judicial circuit. They snail be desig- mated by the President for terms of one two, three, four and five years re- Bpecuvely, from April l, 1905, and as their. terms expire the President shall. from the Circuit Judges. appoint their successors for terms of five years each
 Section provides that this court shall hold four regular sessions an- nually In Washington, beginning on the nrst Tuesoay in March, June, Sep tember and December. Special ses- sions of the court may be hold at oth- CT places when justice would be thereby promoted"
 Section 9 authorizes the President to appoint five additional Circuit Court Judges, no two of whom shall be from the same judicial circuit, 10 exercig. the authority and powers and perform the duties now required by law Of g. circuit court judge.
 Circuit Court JurIsdIetfOn.
 Section 10 grants the court of trans- portation exclusive original jurlsdic- ton" in all cases brought under the provisions of the bill and also the h. terstate Commerce act. It also pro- vices that proceedings to force con