New-York tribune., 1905-11-30
NEW RATE BILL READY.
POWER TO COMBUSTION.
Not 4H It's Provisions FaUored By
President and Dir. Moody.
tFron The Tribune Bureau. ]

sion at the request of Senator Elkins chairman
Of the Senate Committee Interstate Com
merce was submitted to that committee to-day
At the Office OF the commission it was said that
the measure embodies the views Of the mem
bers of the commission. and in the main 1t en-
joys the approval of the President and Attorney
| General although they are not committed to all
its provisions.
The bill authorizes the Interstate Commerce
Commission to establish what shall be reason
able rate or practice to fix maximum mini
mum rate to fix differentials and classi1cations,
to establish through routes joint rates and pre-
scribe their proportional division. It renders
the decisions of the commission compulsory
until and unless set aside by the courts.
It includes as a part of interstate commerce
all railroads, terminals, switching tracks,
bridges. private car lines express companies
refrigeration. ventilation, icing, elevator service
storage and handling of goods in transit.
Il empowers the commission to compel pub
licfty of accounts and books kept by railroads
and all individuals or concerns engaged in inter
state commerce as above defined, and to pre-
scribe the form and type Of books which shall
be kept, with a heavy penalty for the violation
OF this provision
It prescribes full publicity of all schedules.
rendering midnight schedules impracticable.
There are many other changes from the exist
ing interstate commerce Law, the bill being in
the form of amendments to that act, but most
of them are more or less technical and legal in
character.
The bill has excited much interest, and there is
intense anxiety TO know the extent TO which the
administration is committed to this sweeping
measure.
That it viii receive the most careful consid-
Grafton, not only by the committee for which
IT was prepared, but by every member of the
Senate and the Speaker Of the House, is as
sured, but it is still too early for carefully
thought out opinions to have been formed, and
1t is probable, moreover, that the Republican
leaders generally Will refrain from expressing
their views until they can ascertain the extent
to which the President is committed to the bill,
the statement that he and the Attorney General
are not in sympathy with all Of its provisions 4
having aroused great curiosity as to which have
failed of executive approval.
CHIEF FEATURES OF. THE BILL.
The members Of the committee who were
present at the session to-day read the bill, but
took action and adjourned until Friday. The
bill is extensive, covering tWenty-seyen type
written pages. It's more important provisions
are summarized as follows:
It defines the word transportation as used In
the bill to include all instrumentaties
employed by the carrier including elevators,
terminals, cars, whether owned by the carrier
or other parties for refrigeration ventilation or
other purposes, and requires the carrier to fur
ntsh such transportation upon reasonable re-
quest of the shippers, publishing the total
charges for such transportation as now required
by law
It makes the through or joint rate where |
goods are shipped from one part of the United |
States to another through foreign country |
subject to the control Cf the Interstate Com |
merce law and enforces this provision by max |
ing the merchandise through the foreign coLn- |
try from one port in the United States and |
delivered in the United States subject to the |
customs duties at the frontier unless the /
through rate is filed with the Interstate Com |
merce Commission and published as required |
by law.
It authorizes the commission. through in |
spectors to examine the accounts of interstate /
railroads forbids the keeping of Iny other books |
of account except those prescribed by the COM /
mission, and requires roads 70 make great |
variety of reports in regard to all their business
1t gives to the Interstate Commerce Commits
sion the power, where rates and practices of i
railways are complained of by individuals or
corporations, including other carriers or trade /
organizations or municipal corporations un-
Just or unreasona bly, discriminatory to deter /
mine, upon full hearing, what a just and rea-
sonable rate or practice is which should take
the place of the rate or practice condemned by
the commission And in dischargng this duty
the commission is empowered:
ITO fix a maximum rate.
ITO fix differential, and to prescribe both |
the same when that may be necessary to pre-
vent discrimination forbidden by the bill, but
not otherwise.
sa.rTo change the classification of any article.
1t also gives the commission the power IN
case 1t fixes q joint rate and the carriers in
terested are not able to agree on its appor-
tionment, to make d supplemental order appoT-
tioning the same
4 similar power is given to establish through
routes and joint rates, and to fix the terms and
conditions under which routes shall be operated,
If the carriers fail or refuse to agree upon the
same.
It also provides that where the owner OF
the property transported renders any service in
connection with the transportation furnishes
any instrumentality used the commission may
on complaint determine what is a reasonable
charge to be paid by carriers for such service or
II nroyides for the collection in the courts of
oyercharges found due by the commission and
tbe penalties for the failure of the carriers to
observe final orders of the commission.
n nrovides that the final orders of the COM
mission shall take effect within thirty days from
the time they are served on the carrier, and
unless vacated by the courts said orders will
remain effective for the space Of one year.
RIGHT or APPEAL TO THE COURTS
Is case the carriers complained of object to
putting orders of the commission into effect
-haIr right to have the same reviewed in the
~trcuit Court of the United States is provided |
'or and an elaborate form of procedure is out |
med differing only in one important particular
.nurts Of the United States. namely, that the
,Hancellor may, upon notice TO both parties. |
,--+ond the time within which such orders |
Vii take effect, not 10 exceed sixty days.
- 80 the date of service of the orders on |
~ carriers: and that the court may also |
= a nIainIy appears that the order is law |
-ithin the discretion of the court An appeal
!, l @ .ba Cirruit Court to the Supreme Court |
,,ttrout supersedeas is allowed. The bill pro-
- that no costs shall be allowed to the petit
io,1er I'm the Circuit Court. In the cases ap ,
led IN the Circuit Court the United States is
re defendant and il the proceedings are dis
.issed tre defendant shall have Judgment for =
- costs The defence in these proceedings is !
o,5uctad bv the government through the at
1e1C In the district where action is brought
,s ,ba direction of the Attorney General. the \