Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-21
THE HEPBURN BILL
It Was Introduced in the
House Today.
ITS MAIN PROVISIONS
ABOLISHFS THE INTERSTATE
COMMERCE COMMISSION.
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Provides for the Establishment of New
Court of Commerce-Proceed-
ings of Review.
ITS MAIN PROVISIONS

Chairman Hepburn of the House commit
tee on interstate and foreign commerce in
.troduced in the House this afternoon the
ong-expected bill providing for regulation
of railway rates. The bill is document
of about $500 words in length, containing
twenty-five sections. Only typewriter
copies were available today, and until the
bill is printed persons interested in the
legislation will not be able to pass judg
ment upon it.
The main question is whether the bill
will satisfy the Senate. Some senators
who have seen a recent draft of the bill
were of the opinion that it was rather
cumbersome, and were afraid that it would
be deemed unwise to attempt so much leg
islation as the bill contemplates. How
ever, it was said by senators this after
noon that it is yet too early to pass hnal
Judgment upon the. bill. 1t will be gone
over very thoroughly in the next few days.
with a View to determining whether it is
acceptable or not.
Provisions of the Bill.
The hill. starts out with the declaration
that the tolls to be collected by common
carriers, subject to the interstate commerce
act, shall be just, fair and reasonable .
Whenever complaint to the interstate
commerce commission shall declare any ex-
listing rate for. the transportation OF per-
sons or property to be unreasonable or un-
Justly discriminatory the commission shall
have power to declare and order what shall
be just and reasonable rate. This order
shall take effect 60 days after notice. But
any carrier affected by the order may in
stitute proceedings in the court tof COM
merce sitting as a court of equity to have
such order reviewed and its reasonable
ness and lawfulneSS inquired into.
Pending such review the court may sus-
pend the order, by the common carrier Civ
ing bond to stand for the subsequent de-
ciS;on of the court.
When the rate substituted by the COM
mission and the carriers that are parties
thereto fail to agree upon the apportiOn-
ment among themselves the. commission
way apportion it. I'm proceedings for re-
view the petitions and answers filed with
the commission shall be deemed a part of
the records of the case. Other stipulations
as to what shall constitute the record are
provided in section 3.
Proceedings for Review.
Section provides that in proceedings for
review the defense shall be conducted un-
der the direction of the Attorney General,
or with his consent the commission may
employ special counsel An additional as
sistant attorney general at a salary of
5000 is authorized.
Section 5 provides that the commission
may at any time reopen its proceedings in
any case and modify, suspend or annul its
Section 6 provides penalties for the re-
fusal of common carriers to perform any
order of the commission No imprisonment
penalty is provided, however, and the Of
Tending party shall be fined s., 600 a day for
neglect and refusal.
Section makes all of the interstate COM
merce acts and amendments applicable An
appeal from the final decree of the court
of commerce shall apply only to the su-
preme court. and the rules governing ap-
peals of the several circuit courts shall gov
ern appeals from the court of commerce to
the supreme court except as otherwise pro-
vided in this act. But in none of the suits
nor proceedings described in this section
shall appeal operate as a supercedure,
nor shall any order be passed suspending or
staying the decree of the court of COM
merce pending appeal except upon the
giving of a bond to make good all damages
Section abolshes the existing interstate
commerce commission and provides for the
establishment of commission to be
composed of seven members appointed by
the President and confirmed by the Sem
ate at yearly salary of $4,000 EACH The
commissioners appointed under this act
shall continue in Office for the terms of
four, five. SIX, seven, eight, nine and ten
years respectively.
A Court of Commerce.
SECTION establishes A court of record