New-York tribune., 1905-01-22
HEPBURN'S RAILROAD BILL
INTRODUCED IN HOUSE.
PrOUides for Rate Court and Ne1o
Interstate Commerce Commission.

Washington Jan. 21-Representative Hepburn
to-day introduced his bill amending the Inter
state Commerce act. which has been under con-
sideration some time, and has been submitted
to the President, the Attorney General and other
members of the administration. It provides that
on complaint the Interstate Commerce Commits
sion shall declare and order what shall be a just
and reasonable rate which order shall take effect
in sixty days. the carrier having appeal to a
! Court of Commerce to have the order of the COM
mission reviewed Pending the review, the court
may suspend the order requiring bond from
the carrier for the payment of all damages in
CURED by shippers The commission is also
thorized to fix joint rate in case two or more
carriers fail to agree, orders affecting these rates
being subject to review by the Court of Com
merce. The President is authorized TO appoint
an Assistant Attorney General for the enforce
ment of the act
The Interstate Commerce Commission is au-
thorized during judicial review of its order to
modify or suspend the order under review. Car
riers refusing to obey an order Of the commits
sion are subject to penalty of $1,000 day
An appeal from the Court of Commerce can only
be taken to the Supreme Court Of the United
States.
The present Interstate Commerce Commission
is abolished, and new commission created
composed of seven members, at $4,000 year
The terms of the commissioners shall be ten
years
THE COURT OF COMMERCE..
A Court of Commerce composed of five circuit
judges OF the United States is created which
shall hold four regular sessions each year in
Washington. The court shall have exclusive
jurisdiction over cases brought by the Interstate
Commerce Commission. The Chief Justice of
the Supreme Court Of the United States is au-
thorized to designate on the first of each year
five circuit judges who shall constitute the Court
of Commerce. The President is authorized to
| appoint an additional circuit judge for each of
the judicial districts OF the United States. who
are authorized to perform the duties of the
judges of the Circuit Court.
The bill consists of twenty-one sections much
attention being given to the details and methods
of procedure under which the commission and
the Court Of Commerce shall proceed. The first
two sections of the bill relating to rates are as
follows:
Sect Section on l. That the tolls demanded and col
igcted by common carriers subject the TO reg
Section thereof shall be Just fair and reasonabIe
| ana S. whenever upon complaint duly made under
interstate Commerce Commission shall, after full
eI'Hg, t & MAKE any nnding declaring any existing
or any regulation whatsoever affecting said rate
commission shall have power and it shall be its
duty TO declare and order what shall be just and
charged, imposed or followed in the future, in
shall Of its own force take effect become oper-
atlVe sixty days after notice therof has been given
10 the common carrier carriers affected thereby
commission and deeming it to be contrary to law
may institute proceedings in the Court Of Com
equity, TO have such order reviewed and is reason
mined. 4l'o anu ueler-
Pending such review. If the court shall be of the
pend the same nti tb or bbnIaMIH ora IL may sus-
4 a bOud Of
good and sufficient security, conditioned that the
answer all damages caused by the delay in the en-
s6a IScnSs S ag OF the the which
transportation service any person corporation
ceengs excess Of the sums such peTson proT or
a. 80 PCiaLoh %94Io nave been compelled TO pay If
lne ,order or the commission had not been sus-
Sec That fhen the rate substituted by the
@ ae, ana tne carriers parties thereto fail to agree
within twenty days after notice OF such order the
cIaring ION may issue supplemental order de-
ceived by each carrier party thereto which shall
order %hea the oPdeT IfGe Of tRe 26 6h9 9FR 5Ps
mon oif i1e JUST TSaTGn OF rates to or from COM
parties 70 the proceeding, and such carriers fail To
notice Of order that they have greeS mIer
9ves cnIn9ts as 70 me changes to be made to effect
supplemental order prescribing the rate 10 he
al OF the parties to the proceeding Which are
ORIGINAL oyI eecS OF It's own force as part of the
subject to review by the Court of Con,noa1ci ia pc
the time and manner hereinbefore provided for
the review of original orders of the commission
/ Provision is made that in proceedings for re-
view the petitions and answers filed with the
/ commission and the commissions finding. opin
ION and order shall. upon the application Of
elther party, be deemed a part Of the record OF
the cause in the Court Of Commerce also e1,i-
oence except such part as the court NAV reject
as incompetent. In all proceedings for review
the defence is to be conducted under direction
OF the Attorney General but with his consent
the commission may employ special counsel and
authority is given TO the President to appoint
an Assistant Attorney General. at a salary of
S0.OOO a year, to perform such duties in con-
nection with the enforcement of the provision
Of the proposed law as the Attorney General
may assign to him.
Section provides that the commission NAV
at any time whether before, after or during
the progress Of a judicial review Of it's motion
reopen its proceedings in any case and modify
suspend or annul its former order ruling or
requirement"
ENFORCEMENT OF THE LAW
The following section provides that ie anv
common carrier or officer or agent thereof bound
thereby, shall at any time while it is in effect
refuse or neglect to obey or perform any order
OF the commission mentioned in Sections and
! ?, the commission may apply by petition to the
Court of Commerce to enforce obedience to its
orders by writ Of injunction or other appro
PIRATE process, the offending party to be subject
TO a penalty of 5000 for each day Of refusal
or neglect. which, together with costs of suit
shall be recoverable in an action for debt in
the proper Circuit Court of the United States
1t is provided that in all suits brought In the
name of ohe United States or the Interstate Com,