The Montgomery advertiser., 1905-01-22
HEPBURN HAS A BILL
TO AMEND THE INTERSTATE COM
 MERGE ACT.
Proposes the Establishment of . court from Whose Decisions Appear
 Can Re Taken to .s Supreme Court.


 amending the interstate commerce acI which has been under consideration sometime. and which has been submit ted to the President and Attorney-Gen- erai and other members of the admin istration.
 Under the provisions of the proposed bill. the Interstate Commerce Commis- sion shall, upon complaint, declare ana order what shall be just and reason- ab1e rate. which order shall take ef- feet in sixty days. the carrier having an appeal to 8 court of commerce to have the order of the commission re- viewed. Pending the review the court may suspend the order requiring bond from the carrier for the payment of all damages incurred by the ship pers. The commission is also author ized to fix joint rate in case two or more carriers fall to agree. orders af- fecting these rates being subject 70 review by the court of commerce.
 The President is authorized to ap- point an assistant Attorney General for the enforcement of the act. Carriers refusing to obey an order Of the com mission are subject to penalty or $5,000 day.
 An appeal from the Court of Com merce can only be taken to the su- preme Court of the United States.
 The present Interstate Commerce Commission is abolished and new commission created, composed of seven commissioners at $7,000 year. The terms of tho commissioners shall be ten years.
 A Court of Commerce, composed of five Circuit Judges of the United States is created which shall hold four regu- lar sessions each year in Washington The Court shall have exclusive juris- diction over cases brought by the In- terstate Commerce Commission. The Chief Justice of the Supreme Court Of the United States is authorized to des- ignate on the first of each year five Circuit Judges who shall constitute the Court of Commerce. The President is authorized to appoint an additional Circuit Judge for each of the Judicial districts of the United States who are authorized to perform the duties of the Judges of the Circuit Court.
 The bill consists of twenty-one sec- tions, much attention being given to the details and methods of procedure under which the commission and the Court of Commerce will proceed.
 The first two sections of the bill re- lating to rates are as follows:
 Section 1. That the tolls be demand ed and collected by common carriers subject to the act to regulate com merce for the transportation described in Section 1 thereof. shall be just, fair and reasonable; and whenever, upon complaint duly made under Section 13 of the act to regulate commerce, the Interstate Commerce Commission shall, after full hearing make any finding declaring any existing rate for the transportation of persons or property, or any regulation whatsoever effecting said rate. to be unreasonable or un- justly discriminatory, the commission shall have power and it shall be it's duty to declare and order what shall De a just and reasonable rate, practice pr regulation to be charged. imposed or followed in the future in place of that found to be unreasonable or un- justly discriminatory and the order of the commission shall, of its own force, take effect and become operative sixty days after notice thereof has been giv- en to the common carrier or carriers affected thereby; but any common car rier affected by the order of the com mission. and deeming it to be contrary to law, may institute proceedings in the Court of Commerce of the United States, sitting as court of equity, to have such order reviewed and it's reas- onableness and lawfulness inquired in- to and determined.
 Pending such review, if the court shall be of the opinion that the order of requirement. of the commission is un- reasonable or unlawful 1t may suspend the same until the further order of the court, in which event the court shall require a bond of good and sufficient security, conditioned that tho carrier or carriers petitioning for review shall answer all damages caused by the de- lay in the enforcement of the order of the commission, which shall include compensation for whatever sums for transportation service any person or corporation would have been compell- ed to pay If the order of the commis- sion had not been suspended.
 Section 2. That when the rate sub stituted by the commission as herein- before provided shall he a joint rate and the carriers parties thereto fail to agree upon the apportionment there of among themselves within twenty days after notice of such order, the commission may issue supplemental order declaring the portion of such rate to be received by such carrier par ty thereto, which shall take effect of its own force as part of the original or degs, and when the order of the com mission prescribes the just relation of rates to or from common points on the lines of the several carriers parties to the proceeding and such carriers fail to notify the commission within twen- ty days after notice Of such order that they have agreed among themselves as to the changes tc be made to effect compliance herewith, the commission may issue supplemental order pre- soibing the rate to be charged to or from such common points by either or an of the parties to the proceeding, which order shall take effect If Its own force as part of the original order. Ench supplemental orders shall be sub ect to review by the Court of Com nerce, within the time and manner iereinbefore provided for the review of original orders of the commission.
 Provision Is made that in proceed fngs for review the petitions and an- swers filed with the commission and the commissions finding of and order. shall, upon the application of either party, be deemed a part of the record of the cause in the court of commerce. also evidence. except such part as the court may reject as incompetent. In all proceedings for review the defence Is to be conducted under direction of the Attorney General. but with his con- sent the commission may employ special counsel. and authority is given the President to appoint an assistant Att torney-General at salary of $5,000 d year, to perform such duties in connec- ton with the enforcement of the pro- visions of the proposed law as the At torney-General may assign to him.
 Section provides: That the com mission may at any time whether be- fore, after or during the progress of a judicial review of It's motion. reopen its proceedings in any case and modi-