Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-11-27
FORAKER GIVES
Ills RATE PLAN
Presents II to Elkins Com
mittee With Consider
able AmplificatiOn.
is SUPPOSEDLY ACCEPTABLE
Big Three will Unite Upon 1t
and the Railroads
Favor II.
IS SUPPOSEDLY ACCEPTABLE
IT FORBIDs ISSUANCE OF PAssEs

Denver, Nov. 21.-The Times, by
special from Washington, said Satur-
day night:
Washington, Nov. Ex-senator For
aker's rate bill, over which he has
been working for many months, and
which, IL Is asserted, is likely to be
the bill that the big three will
adopt as the senate bill If they can get
enough votes to have II so declared.
was presented by the senator to the
Interstate commerce commission yes
terday, the whole session, lasting sew
eral hours, being devoted to a hearing
of the senator who introduced it's va
rious provisions.
The senator declared that his bill
is introduced to take the primary
rate making power from the hands
of the government, which. he says.
other bills will give and which. in his
opinion. makes all the bills unconsti-
tutional.
Senator Foraker in explaining his
bill, said.
The bill provides, IL amended as
propose, that whenever shipper may
think he is charged an excessive rate
! or whenever rebates are complained
charged and q complaint, no matter
how informal, filed with the Interstate
commerce commission, it shall be the
duty of that commission to investi-
gate such complaint, and if 1t reaches
the conclusion that tkSre is reasonable
ground for It, and the railroad will
not, upon notice from the commits
sion, desist from charging the excess
siye rate or giving ti-. rebate or prac-
ticing the discrimination, the commits
sion shall thereupon, instead of pro-
ceeding to have formal trial as here
tofore, continuing through many
months and even years, forthwith GER
| tify the complaint and the grounds OF
| 1t, with brief statement of the tes-
tlmony to support the complaint, to
the attorney general
THE attorney general shall there
upon refer the same to the proper
| United States attorney. who shall at
once file a petition in the circuit
court of the United States having
jurisdiction, which court shall make
| parties of all who are interested and
at once hear the complaint. Upon
hearing the complaint 1t shall enjoin,
If 1t be a case of excessive charge,
al liidt part OF SuCn rate III eACeSS OI
the lawful rate, which is the just and
reasonable rate prescribed by statutes
or to enjoin the giving of rebates. or
the further practice of the discrim-
ination complained of, according as
It may be one or the other.
The railroads shall have the right
to appeal from this decision to the
supreme court of the United States.
but this appeal shall not supercede the
/ judgment of the court, unless the cir
cult court, in trying the case, or the
supreme court of the United States
shall for good cause so order.
"The whole proceeding shall be in
the name of the United States and at
the expense of the United States and
without expense whatever to the ship
per"
Mr.. Foraker referred to other fea-
lures of the bill. The first section
provides for the appointment of ex-
pert examiners, who, under the direc-
| tion of the interstate commerce COM
mission, can make an examination at
any time of all books, documents and
papers of any railroad that relate to
| Interstate commerce.
This procedure would enable the
commission to ascertain the facts and
secure evidence.
Another provision is the prohibition
OF railroad passes.