The Birmingham age-herald., 1905-11-30
COMMISSION IS AFTER CHANGES Submits Bill for Amending
 Railroad Rates GIVES THEM MORE POWER They Can Fix Maximum and Minimum Rates and Objections Are to Be
 Submitted to the
 Courts.

Washington, November 2s.-The Senate
 committee on interstate commerce today received a copy of the rate bill prepared by the interstate commerce commission
 to be submitted to Congress for amend
 ment to the interstate commerce laws, No action wss taken and the committee adjourned until Friday.
 The most important provision of the olll | are summarized follows:
 It defines the word transportation so as
 to include all instrumentalities employed
 by the carrier. including elevators, termi-
 nals, cars. whether owned by the carrier | or other parties, for refrigeration venti- l lation or other purposes, and requires the
 carriers to furnish such transportation | upon reasonable request of the shippers | publishing the total charge for such | | transportation. | It makes the through or joint rate where | goods are shipped from one part of the | | United States to another through a for 1 l eign country subject to the control of the | interstate commerce law. and enforees | this provision by making the merchandise l shipped through the foreign country from | one part of the United States and de- l | livered in the United States subject to the | customs duties at the frontier, unless the | 1 through rate Is filed with the interstate commerce commission and published. It authorizes the commission through in- | spectors to examine the accounts of inter | state railroads, forbids the keeping of any | 1 other books or account, except those pre- l scribed by the commission.
 Power Ax Rates. | It gives to the intersvate commerce con- | fir.ea- safr | roads are complained of by individuals or | l corporations, including other carriers or l trade organizations, or municipal cor porations, as unjust or unreasonably dls- | l criminatory, to determine upon full hear | | ing what a just and reasonable rate or l practice is which should take the place Of | the rate practice condemned by the l commission. And in discharging this duty | the commission is given the power to fix l maximum rate "To fix the differential and to prescribe 1 l both maximum and minimum rates to l enforce same when that may be necessary to prevent discrimination forbidden by the bill but not otherwise.
 | .ro change the classification of any | article | It also gives the commission the power l in case 1t fixes a joint rate and the car | riers in case they are not able to agree | on it's apportonment, to make supple men.ary protest or deprecatng the same l A similar power is given to establish through rates 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 ser | vice in connection with the transportation or furnishes any instrumentalties used, the commission may on complaint deter mine what is reasonable charge to be paid by carriers for such service or in- strumentality. It provides for the collection in the courts for over-charges found due by the commission, and the penalties for the failure of the carriers to observe final orders of the commission. It provides that the final orders of the commission 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. Goes Into Circuit Courts.
 In case the carriers complained of ob- | ject to putting orders of the commission | into effect, their right to have the same reviewed in the circuit court of the United 1 States Is provided for and an elaborate form of procedure now established for 1 the courts of the United States namely
 that the chancellor may upon notice to ] both parties extend the time within which
 said orders shall take effect. not to ex-
 ceed sixty days from the date of service
 of the orders on the carriers; and that the
 court may also if 1t plainly appears that s the order is unlawful, but not otherwise,
 suspend its operation within the discretion of the court
 An appeal from the circuit court to the supreme court without supercedas is al- lowed. The bill provides that no cost shall be allowed the petitioner In the circuit court. In the cases appealed to the cir cult court, the United States is the de- fendant, and if the proceedings are dis | missed the defendant shall have iude- | ment for It's costs. The defense in these | proceedings is conducted by the govern |
 nent through the district attorney in the |
 fistrict where action is brought under
 he direction of the attorney general. the |
 'ost to be paid out of the appropriations |
 or the maintenance of the courts Com |
 llaints may be made by the railway com |
 mission Of any state and territory and |
 'hall be investigated by the interstate
 ommerce commission or the commission
 iay initiate investigations If carrier
 oes not comply with the final order or
 he commission, or if any of the officers and agents Knowingly fails or neelects 10 obey the same, they shall forfeit to
 the United States 5000 for each offense. Each violation shall be deemed a separate
 oHehse and continuance of the viola ton each day shall be deemed separate
 onense. These penalties shall become an
 phcapie unless within the time limit
 ifoceedings to vacate the order shall have
 en begun or unless the commission by
 supplemental proceedings has modified ar
 suspended the same.