The Saint Paul globe., 1905-01-31
RAILWAY RATE BILL
IS AGREED UPON
Continued From First Page


rate substituted by the commission shall
be joint rate and the carriers fail to
agree on the apportionment thereof
among themselves within twenty days
after notice of such order, the commits
sion after full hearing may issue a sup
Elemental order declaring the portion of
such Joint rate to be received by each
carrier party thereto. which shall take
effect of it's own force as part ,of the
original order, subject to review like the
original order.
May Change It's Own DEGREES
Section makes all proceedings before
the commission. including the record of
evidence, findings and records of the com
mission, part Of the record in the case.
to be sent to the court of Transportation
Witnln ten days after notice for review
mas been given. All proceedings before
the court are to be conducted by the at
torney general. The commission. how
ever, may employ special counsel, with
tne approval of the attorney general, and
moreover is given full power even during
proceedings to modify, suspend or annul
its former order, ruling or requirement.
Sectlon imposes a penalty of fine of
$o,ooo a. day for each day parties violate
the rulings Of the commission made nm
der sections / and g.
Section defines the word person to
include corpora tionS.
Section 6 increases the membership os
the commission to seven and makes the
salary of each $4,000 year and con-
cludeS: The president shall appoint, by
and with the consent of the senate, two
additional interstate commerce commits
sioners. Not more than four commits
c11a11 ho
political party
Court of Transportation
Section establishes the court of trans
portation to be composed of five circuit
Judges of the United States, no two of
whom shall be from the same judicial cir
cult They shall be designated by the
president for terms of one, two, three, four
and five years respectively from April /.
1905, and as their terms expire the presi-
dent shall from the circuit judges appoint
their successors for terms of five years
each.
Section provides that this court shall
hold four regular sessions annually in
Washington, beginning on the first Tues
day in March, June September and De-
cember. Special sessions may be held at
other places when justice would be
thereby promoted"
Section 8 authorizes the president to
appoint five additional circuit court
judges, no two of whom shall be from the
same judicial circuit, to exercise the
authority and powers and perform the
duties now required by law of circuit
court judge.
Section 10 grants the court of transpor-
tation exclusive original jurisdiction In
all cases brought under the bill and the
interstate commerce commission. 1t also
provides that measures to force contuma-
c1ous witnesses to attend and testify and
produce documentary evidence before the
interstate commerce commission may be
brought in any court of original jurisdic-
tion.
Section II transmits to the court of
transportation all the powers of the cir
cult courts of the United States so far as
the same may be applicable.
Concerning Evidence
Sections 12 and IS provide '.That in
every suit or proceeding brought in the
court OF transportation to enforce orders,
rulings Or requirements of the interstate
commerce commission or to restrain, en-
join or otherwise prevent their enforce
ment and operation, the findings of fact
made and reported by the commission
shall be received as prima facie evidence
of each and every fact found, and no evil
dence on behalf of either party shall be
ing which was not offered, but which
with the exercise of proper diligence could
have been offered on the hearing before
the commission that resulted in the partic-
ular order or orders in controversy; but
nothing herein contained shall be con-
strued to forbid the admission in any
such suit or proceeding of evidence not
existing or which could not with due dill
gence have been known to the parties at
the hearing before the commission
The court of transportation is given
power to summon before it all parties
named as defendants or respondents in
proceedings before it and it's subpoenas
for witnesses may run into any judicial
district or any territory or possession of
the United States
Section IA declares the court of trans
portation always open for the filing Of
pleadings, motions and orders.
Section Is provides for appeals to the
United States supreme court from the
court of transportation provided it is
taken within thirty days from the date of
entry of the order or decree of the court
of transportation. The supreme court
shall give precedence to the hearing and
decision of such appeal over all causes
except criminal cases.
Sections 16, II, 18, 10, 20 and 81 provide
for the organization of the court, appoint
| ment Of court officers and rules of prac-
tice.
The act is made operative April 1,
| 1q06