Omaha daily bee., 1905-12-07
SCH,TOWNSEND BILL AGAIN
Proposed Law, Amended to Meet Prssi-
dents Idea, Presented in House,
ENLARetS POWERS Of THE COMMISSION
Seven Members, serving seven Years,
at salary of $4,000, Nay Pass
UpoH Complaints I'm
der the Act.

WASHINGTON. Dec 6-The Esch-Town-
send railroad bill, which passed the house
nc its last session. has been redrawn and
was introduced in the house today by Mr..
Townsend. The bill embraces all of the
features Of the former measure. but is
| drawn so as 20 specify the things which
may be done by the Interstate Commerce
commission. In addition it has a publicity
feature and the bill gives the commission
Jurisdiction over refrigeration and terminal
| charges. II also directly prohibits the car
rter from granting any shipper the priv
| ilege OF collecting his product and then
getting special rate under the short-term
provision for changing rates.
AS explained today by Mr.. Townsend the
bill expresses this ideas of the president
in his message and WILL II enacted into
law. amend the Interstate commerce law
SO as to make It plore effectual In securing
exact Justice between the carriers. ship
pers producers and CONSUMERS. 1t amends
the substitutes law so as to embrace
within the powers OF the commission all
interstate carriers OF interstate and foreign
commerce., whether by railroads or partly
| by railroads and partly by water, and In
cludes specifically IN the term transporta-
| ton all cars. vehicles, ventilation, refrig-
GRAFTON. elevation, transfer, storage and all
other facilities and instrumentalities Of
shipment aRd carriage as well as terminal,
siding and Industrial tracks, thus giving
the commission authority over the so-cslled
private car and other agencies
EnIarEes the Communication. b.
at charges the interstate Commerce
commission to seven members, increases
the length of thelratetm of Office to seven
years and ttetr salaries to s10,0o0' This Is
done at the btesidents suggestion, as the
increased power conferred .upon the COM
mission Will increase lis duties and re-
sponsibilhies and require the best men OBJ
tainable. This commission will compel the
establishment of Joint ana through rates
for interstate traffic and abolish the GUS
tom which exists in some cases of bill
ing shipments within the borders of state
and then compel reshipment
1T seeks to abolish the so-called midnight
rate evil by charging the time in which
| a purpose or scheduled rate can be changed
TO sixty days, and compels the carrier to
itemize It's schedules and rates in &C
cordance with the Instructions of the COM
mission This schedule must also show the
division OF fares or charges between So
called trunk or through lines and terminal
or industrial roads.
1.-The bill also provides that the commits
| sion shall decide promptly and within
ninety days after hearing all cases brought
| before 1t. 1t contains practically the same
provision of the Esch- Townsend bill, which
authorizes the commission, upon complaint
and after full hearing, to determine
whether a rate or regulation is reasonable
or unreasonable, and, IL unreasonable, to
| substitute the reasonable maximum rate in
| its stead and II may order both maxi
| mum and minimum rate In cases involving
| the relation Ct rates when 1t finds that
course necessary to enforce the APP
plication .aof dlfferentlai charges, and
such order spf ths commission shall go
/, into effect within thirty days after
which it is made.
Provides for Court Proceedings.
This same provision applies also to joint
| rates and where the carrier parties to
such Joint rates fail to agree on the d.
| vision of the same, the commission may
determine the share of each carrier.
1T also provides for rehearing upon
any order which the commission has made
on the application OF each party to the
case, In case the carrier is dissatisfied it
can on petition begin proceedings in the
federal courts Of the judicial district in
which it has it's principal operating office,
alleging that the order of the commits
sion is unlawful and praying that 1t be
| vacated and set aside. When such petition
Is filed It is the duty of the attorney gen
eral to give notice, as provided under the
expedition act of February II, 1884, where
| upon the court, consisting of three circuit
Judges, or two circuit judges and dis
trict Judge shall proceed directly to de-
! termine the lawfulness of the commits
sion's order, in which case the commits
sioner is the defendant and the attorney
general has charge of the defense. Either
party to the proceeding may appeal from
the decision of the expedition court d.
rectly to the supreme court No provision
! is made for suspending either the order of
the commission or OF the trial court, for
the reason that the court. whether ex-
pressly permitted by the bill or not would
have the power to enjoin any order IL the
proper showing is made that the order
or decree is unlawful.
inspection ana Reports.
1.-THE bill also provides that the COM
mission shall have authority TO designate
and employ speciah agents and examiners.
empowered TO administer oaths, examine
witnesses and receive evidence; this is done
to expedite business before the commits
sion.
THE bill also provides for the fullest
possible reports from the railroads of
, every detail of their business and business
relations showing receipts and disburse-
ments, all contracts private or otherwise,
and gives the commission power to re-
quire specified methods of keeping ac-
counts and OF making reports. The bill
also authorizes the commission and its
agents to inspect at any time all books of
: accounts, records, memoranda or contracts,
, and imposes fines and Imprisonment for
keeping and reporting anything but-true
and full records and for Withholding any
information from the commission.
THE president In his message calls par
ticular attention TO three matters which
should be included in any measure to
amend the interstate commerce law: First.
TO provide against co-called midnight
, rates; second to empower the commission
! with authority 10 ilx. upon complaint and
full hearing a reasonable maximum rate
. in place OF one found by the commission
. to be unreasonable, and TO have 1t go into
, early effect; third, to compel the widest
/, publicity of railroad bookkeeping and
methods This the new Esch- Townsend
bill fully accOmplishes."