New-York tribune., 1905-01-31
A RATE BILL INTRODUCED.
MAY PASS THIS SESSION.
Creates Court of Transportation and
ETtends Commission Po1cers.
FROM THE TRIBUNE BuREAu.l


Washington, Jan. 30.-There is now bare
possibility that railway rate legislation. in con-
rormity with the urgent representations OF the
PRESIDENT, Will be enacted at the present session
OF Congress. measure regulating railroad
rates which. it is believed. will meet the Presi-
dents approval formulated to-day by the
House Committee on Interstate and Foreign
Commerce. and, after day of conferences and
concessions adopted by the eleven Rpub-
lican members Of the committee by a strict party
vote. The bill is combination of the Town
send, Esch and Hepburn measures. which were
previously introduced, but will now be with
drawn in the interest of what Is regarded
safe and conservative rate bill The leaders Of
the House are confident that 1t will pass that
body within the next few days. and there is
possibility of its favorable consideration by the
Senate. Influential Senators have assured Col
onel Hepburn the chairman of the House Com
mittee Interstate and Foreign Commerce.
that If the bill meets their expectations the
only obstacle to it's passage will be the Swayne
impea achment proceedings How much time will
be required for that trial it will be impossible
to estimate until the case is actually before the
Senate
Discussing the bill as reported by his COM
mittee. Colonel Hepburn said to-day
AS nearly as l could understand the views of
the committee, eight members of the majority
of the majority were in favor of the Townsend
Esch bills, and one Republican was non-oom-
initial The six Democratic members were
bound by their party's caucus action to support
the Davey bill told my Republican colleagues
that entirely willing to accept the Town
send -Esch bills with certain amendments and
adopt them the committee measure. The
amendments I referred to were acceptable to
the entire Republican membership of the COM
mittee. Representative Townsend Will make
the majority report and believe that the bill
will pass the House by the end OF this week.
The opinion prevails that caucus Of the Re-
publican members Of the House will be called
to determine the line of action to be pursued by
the majority with reference to the measure
In the hope of avoiding the necessity for eau
GUS, the Republican members of the Commerce
Committee to-day suggested to their Democratic
colleagues that rule could be brought in per-
mitting them when the bill up for oon-
sideration. to submit substitute; that the de-
bate should be limited to eight hours, at the
expiration of which time vote should be taken
on the substitute and then on the bill. This
proposition was not accepted by the Democrats
and 1t will result 1t is believed. in a party di-
vision the floor when the bill is taken up for
consideration.
PROVISIONS of THE BILL.
The bill extends authority to the Interstate
Commerce Commission to fix rates. increases
the size of the commission from five to seven
members and creates Court of Transporta-
ton" 1t contains twenty-five sections Sections
1 and 2 extend authority to the Interstate Com
merce Commission. whenever, after full hear
ing. 1t has declared any existing rate for the
transportation of persons property, or any
regulation or practice whatsoever affecting the
transportation of persons or property, to be un-
reasonable unJustly discriminatory, to de-
clare and order what shall be just and reason
able rate practice or regulation to be charged
imposed or followed In the future in place OF
that found to be unreasonable or unjustly dis
crtminatory, and the order OF the commission
shall of it's own force, become operative thirty
days after notice has been given to the person
or persons directly affected thereby; but at
any time within sixty days from date of such
notice any person or persons directly affected by
the order of the commission. and deeming it to
be contrary to law. may institute proceedings
In the Court of Transportation. sitting as a
court of equity, to have it reviewed and its
lawfulness. business or unreasonableness deter
mined
When the 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 commission after full hearing.
may issue a supplemental 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, sub
ject to review like the original order.
Section makes all proceedings before the
commission. including the record of evidence.
findings and records Of the commission a part
OF the record in the case to be sent to the Court
OF Transportation within ten days after notice
for review has been given. All proceedings be-
fore the court to be conducted by the At
torney General The commission however. may
employ special counsel. with the approval of the
Attorney General. and. moreover. receives full
power. even in proceedings, to modify. suspend
or annul it's former order. ruling or requirement.
Section imposes penalty of fine of S5, 900
a day for each day parties violate the rulings
of the commission made under Sections and 2
Section defines the word person to include
corporations
Section increases the membership of the
commission to seven. makes the salary of each
member $4,000 a year. and adds:
The President shall appoint by and with the
consent of the Senate. two additional Interstate
Commerce Commissioners. Not more than four
commissioners shall be appointed from the same
political party
COURT OF TRANSPORTATION
Section establishes the Court of Transporta-
ton. to be composed Of five circuit judges of the
United States. no two of whom shall be from
the same judicial circuit. They shall be desIg-
mated by the President for terms of one. two
three. four and five years respectively from
April 1. 1905. and as their terms expire the
President 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 the first Tuesday in March. June
September and December. Special sessions of
the court NAV be held at other Dlaces ''Uhen