The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-25

NuHliiullcb Oh Interstate commerce Lnt
draft Of his bill to amend the inter
state law. The senator stated that he
had tried TO meet the complaints
against present railroad conditions and
at the same time avoid comforting upon
the interstate commerce commission or
any similar body the power over rail-
road rates.
Power of the Courts.
The Foraker bill. however, provides
for enjoming the publishing and charg-
ing of excessive rates and for enioining
any Determinations forbidden by law,
whether as between shippers, places,
commodities or otherwise, and whether
effected by means of, rates. rebates,
Classifications private cars, preferen-
tials 'Or in any other manner what
ever"
While this does not confer upon the
court the power 10 fix rate, it does
authorize the court TO say what is an
unlaful rate and how much is unlawful,
ana TO enjOin the carrier from charg-
ing more than is found 10 be lawful.
The bin also is designed to prohibit the
giving of passes; to allow free access
10 railroad documents and TO meet
complaints as 10 railroad rates as to
export and import freight. ..4
Foraker's Bill.
The important provisions of the For
aker bill are contained in a section
which amends section 3 of the Ellsins
act, and is as follows.
Section 3.-That whenever the in
ferstate commerce commission shall
have reasonable ground for belief that
any common carrier is engaged in the
carrying of passengers or freight trat-
fic between given points at less than
the published rates on Tile, or is, either
singly or in cooperation with one or
more other carriers. publishing and
charging unjust or unreasonable rates
therefor. or is committing any discrlm-
inations forbidden by law whether as
between shippers, places. commodities
or otherwise. and whether effected by
means Of rates, rebates. classifications
preferentialS, private cars, refrigerator
cars, switching or terminal charges, ell
evator charges. failure 10 supply ship
pers equally with cars or in any other
manner Whatsoever il shall be its duty.
IF such carrier or carriers will not aft
eT due notice desist from such violation
OF the law, To file with the attorney
brief statement of its grounds
for such belief and evidence in support
thereof and thereupOn. uDOn his dis
erection and in the name of the United
States, a petition shall be presented
alleging such facts TO the circuit court
OF the United States sitting iii equity
having Jurisdiction, ana when the act
complained Of is alleged 10 have been
committed or as being committed in
part in more than one judicial district
or state it may be dealt with, inquired
or. tried and determined in any one of
such judicial districts or states, where
upon il shall be the duty Of the courts
summarily to inquire into the facts and
circumstances, upon such notice and in
such manner as the court shall direct
and without the formal pleadings and
proceedings applicable to ordinary salts
I'm equity, and to make such other per-
sons or corporations parties thereto as
the court may deem necessary. and
anon being satisfied Of the truth of the
allegations of said petitions, said court
shall enjoin, according 10 the ground
of complaint. the publishing and Clarg-
ing of all of any such rate or rates SO
complained Of, i'm excess Of what the
court shall find to be reasonable and
Just, such injunction TO continue in
force during such period as the same
or substantially the same conditions
may continue as are established by the
evidence IN Sucn case or shall enforce
am observance of the published tariffs
If they are found TO be Just and rea-
sOnable: or direct and require a discon-
Jinuance OF such determinations by
such proper orders. writs and process
as Will, as nearly as may be, secure
equality of right and treatment to all
shippers. which said orders. writs and
processes may be enforceable as we'll
against the parties interested i'm the
traffic as against the carrier or car
riers complained of and all proceedings
hereunder shall be subject 10 the righ.
Of appeal 10 the supreme court as now
provided by the act of Feb II. 1903 tc
expedite the hearings of suits i'm equity,
hut such appeal shall not operate to
stay or supersede the order of the court
ar the execution of any writ or process
thereon, unless the circuit or supreme
court on application therefore made for
good cause. so order.
Duties of District Attorneys.
1T shall be the duty of the several
district attorneys of the United States