Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-24
Provisions of His Bill.


Mr.. Foraker said that he had sought to
so amend the Elkins act to make 1t appli-
cable to every form of discrimination that
can arise and also to excessive rates, as we'll
as rebates and he had sought to make the
law applicable to the humbIest shipper In
the land, and to make it Immediately re-
sponsive whenever he may see fit to in
yoke 1t.
1.-THE bill provides" said Mr.. Foraker. ad-
dressing the committee, ~ amended as
propose, that whenever a shipper may
think he as charged an excessive rate or
whenever rebates are complained OF or any
form OF discrimination is charged and a
complaint. no matter how informal, filed
with the interstate commerce commission
1t shall be the duty Of that commission to
Immediately investigate such complaint,
and IL 1t reached the conclusion that there
is reasonable ground for 1t. and the rail-
road will not, npon notice from the COM
mit.ee. desfst from charging the excessive
rate or giving the rebate or practicing the
discrimination, the commission shall there
upon. instead of proceeding to have q for
nal trial as heretofore. continuing through
months and even years. forthwith certify
brief statement Of the testimony to sup
port the complaint, to the Attorney Gem
ernl The Attorney General shall there
upon refer the same to the proper United
States attorney, who shall at once file a Pc
tition In the circuit court of the United
States having Jurisdiction, which court
shall forthwith proceed to make parties OF
all who are interested and at once hear
plant 1t shall enjoin, If it be a case of ex-
cessiye charge, all that part of such rate
In excess OF the lawful rate which is the
lust and reasonable rate prescribed by stat
the further practice of the discrimination
complained. according as 1t may be one
or the other
..The railroads shall have the right to ap-
Frov this daci<iOn tho euaa
Court Of the United States. but this appeal
shall not supersede the judgment Of the
court unless the circuit court, in trying the
case. or the Supreme Court OF the United
States shall for good cause show order.
ssThe whole proceeding shall be In the
name Of the United States and at the ex-
pense OF the United States. and without any
expense whatever to the shipper"
Reason for This Method.
Mr.. Foraker then elaborated his state
ment by explaining that the reason for this
method OF legal procedure is that all these
complaints involved more than the rights
of the individual shipper or TIE inaiviausi
having the proceedings on behalf OF the
public and at the expense of the public. ex-
cept only where the railroad has been found
to have been at fault, there shall be 5udg-
ment against it for costs as well as for re-
lease.
I'm other words" said Mr.. Foraker. "the
proposition of the bill IL that upon COM
paint and the showing OF probable cause
Ire case shall be heard on Its merits in the
first Instance In the courts. where full re-
lease can be granted
..This Is not delay TO the shipper because
il will take no longer. stating II conserve
lively, to try the case before the court In
the first instance than It would be to try It
before the interstate commerce commits
sion. and the probabilities are that any
Judge of the circuit court OF the United
States accustomed to hearing Witnesses and
applying the law and dispn1fnx OF iiftgated
questions In equity would try the case In
other similar body would roQuire.s
He reminded the coumfffes that the court