Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-30
Interstate Commerce Com
missions Bill.
PROVIDES FOR APPEALS
POWERS GRANTED TO REGULATE
PRACTICES OF RAILWAYS.
Measure Sent to the Senate Commit
tee, Which Has Been Devotinp Its
Attention to the Subject.

| AS announced in yesterdays Star. the in-
| tefstate commerce commission has pre-
pared a railroad rate bill for amendment
| OF the interstate commerce law. The bill
| was sent to the Senate committee on inter-
state commerce yesterday afternoon. Tho
Dill covers twenty-seven pages of typewrit-
ten sheets 1t gives to the interstate COM
| Hlerce commission the power. where rates
ana practices of railways are complained
Oh oy individuals or corporations, including
| olher carriers, or trade organizations. or
municipal corporations as unjust or un-
| reasonably discriminatory, to determine
upon full hearing what a just and reason
| abe rate of practice Is which should take
| the place OF the rate or practice condemned
| by the commission. And In discharging this
duty the commission is given power:
| ITO fix a maximum rate
TO fix differental and to describe both
| maximum and minimum rates; to enforce
| the same when that may be necessary to
prevent discrimination forbidden by the
| Dill, but not otherwise.
| TO change the classification Of any
| article"
| 1t also gives the commission the power,
| IN case IL fixes a joint rate and the car
riers interested are not able to agree on It's
| apportionment to make supplemental or
! der apportioning the same.
| similar power is given to establish
| through routes and joint rates and 10 fix
the terms and conditions under which
! routes shall be operated, if the carriers
| iau or refuse to agree upon the same.
| 1t also provides that where the owner of
! the property transported renders any serv-
| Ice IN connection with the transporta ton,
| or furnishes any instrumentality used the
commission may on complaint determine
! what Is a reasonable charge To be paid by
| carriers for such service or instrumental
| ity.
| It provides for the collection in the courts
| of overcharges due the commission and the
| penalties for the failure of the carriers TO
| observe final orders of the commission
| 1t provides that the final orders of the
| commission shall take effect within thirty
! days from the time they are served on the
| carrier, ana unless vacated by the courts
| said orders will remain effective for the
| space of one year.
Appeal to the Courts
| In the carriers complained or object
to putting orders of the commission into
| effect their right to have the same reviewed
in the circuit court Of the United States 10
provided for. and an elaborate form OF pro-
cedure is outlined differing only In one Inn
portant particular from the procedure now
established for the courts OF the United
| States-namely that the chancellor may,
| upon notice to both parties. extend the time
| within which such orders shall take effect,
not to exceed sixty days from the date of
service OF the orders on the carriers; and
that the court may also. If II plainly ap-
| pears that 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 supersedeas is allowed
The bill provides that no costs shall be
| allowed the petitioner in the circuit court.
In the cases appealed to the circuit court
| the United States Is the defendant and IL
| the proceedings dismissed the defendant
shall have judgment for It's costs. The de-
| Tense in these proceedings is conducted by
| the government through the district attor-
| ney in the district where action is brought
| under the direction of the Attorney General;
| the cost to be paid out of the appropria.
lions for the maintenance of the courts.
| Complaints may be made by the railway
| commission of any state or territory and
| shall be investigated by the interstate COM
merce commission, or the commission may
| initiate Investigations.
Penalties Provided.
II carrier does not comply with the final
| order of the commission, or If any OF the
! officers or agents knowingly fails or neg
| lects to obey the same, they shall forfeit
| to the United States 5000 for each offense.
| Each violation shall be deemed a separate
| offense. and continuance of the violation
each day shall be deemed a separate Of
| Tense. These penalties shall become appli-
cable unless within the time limit proceed
| ings to yacate the order shall have been be-
| gun, unless the commission, by supple
| mental proceedings has modified or suss
pended the same.
Transportation" Defined.
| It defines the word Transportation so as
| to include all instrumentalities 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
| furnish such transportation upon reasonable
| request of the shippers. publishing the total
| charges for such transportation as now
required by law
1t 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 of the inter-
state commerce law and enforces this pro-
vision by making the merchandise through
the foreign country 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 commerce commission ana
published as required by law.
1t authorizes the commission through ln-
spectors to examine the accounts of inter-
state railroads, forbids the keeping or any
other books of account except those pre-
scribed by the commission, and requires
| roads to make a great variety of reports IN
regard to all it's business
SENATOR PATTERSON FINED.