The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-17


v,.uisoroS. Jan. 49, The so-calcd
administration measures TO increase the
,.,oer, oi tie Iulerstat Commerce Com
,ri--I.n we're introduced in the House to-
d.y There were two 81 them, one from
Representative t9ch Of Wisconsin and the
other from Representative Townsend Of
Michigan These bills are regarded as haV-
,rr the Endorsement Of President Roose-
,eu BECAUSE their authors were told 10y
fine President hat their ideas about dealing
with the railway rate question accorded
with M. own and at his suggestion they
r,lonorared with Attorney General Moody
In drafting the proposed legislation.
r.a Eeeh and Townsend bills are along
tic lines Of most of the suggestions made
hv other congressman TO give greater
degree NJ Federal supervision over railway
freight rates. The Esch measure gives
the Interstate Commerce Commission the
night 70 fix rate, and the Townsend bill
rrayde- FOR the creation of a court oftrans-
p5rtaton. which shall have authority TO
say whether that rate is reasonable. In
thus proposing a special court to deal with
rate adjudication the Townsend bill adopts
the suggestion of Secretary of the Navy
Norton and goes contrary TO the idea of
representative Hepburn. chairman Of the
Committee on Interstate and Foreign Com
merce and Senator Ell1ins, chairman Of the
Interstate Commerce Committee, that pro-
vision should be made for an additional
Judge in each Federal circuit to handle
interstate commerce cases 1t Is generally
believed that the Esch and Townsend bills
we're read and approved by the President
before they we're introduced
The Fsch bill provides that the Interstate
Commerce Commission shall declare, when
complaint is made, what shall be Just and
reasonable rate. practice or regulation
Tor the future with respect TO any matter
Of trans portation The order shall become
operative thirty days after notice to the
persons affected Al any time within sixty
days any person feeling the rate 10 be
unjust. unreasonable or discriminatory
may institute proceedings in the Court Of
Transportation. sitting as court Of equity,
to have it reviewed.
When the rate substituted by the com
mission Is a JOINT one, If the carriers af-
fected do not agree upon an apportionment
within twenty days, the commission may
issue supplemental orders, which become
part Of the original, prescribing the rates
70 be charged to or from any common or
competitive points by either or all the car
riers affected The supplemental orders
are also to he renewable by the court.
The Attorney General is to defend all
proceedings in review thereby taking the
burden from the backs Of the shippers,
hnt the commission may with his consent
employ a special counsel for that purpose
The commission may al any time, before
after or during the progress of a judicial
review Of It's action. modify. suspend or
annui it, order ruling or requirement.
Refusal 10 obey any order ruling or require
meut subjects the offending party or parties
to the ordinary processes Of courts to require
compliance with orders, and in addition
makes them Fable 10 a fine Of 5000 day
for each day Of refusal. as well as to the
costs Of the prosecution.
The Court Of transportation is 10 have
jurisdiction not only Of appeals for review
of tho action OF the commission, but il IL
also 20 have exclusive jurisdiction OF all
suits brought for the purpose Of in any way
preventing the enforcement Of the orders
Of the commission. In appeals to the Su-
preme Court OF the | nited States. the car
ner taking the appeal is required TO give
bonds not only for the prosecution Of
tho appeal. but also for the indemniiica-
ton of shippers who while the appeal
is pending, may be required to pay the
rate which the carriers impose instead Of
the rate fixed by the commission,
The Townsend bin creates n court ~
transportation with the powers Of Circuit
Nour and is 10 have original exclusive
jurisdiction of all cases growing out Of
sugh orders regulations and requirements
The, iifsF he made and promulgated by
the Interstate Commerce Commission. either
IN law or ia equity II is TO be composed OF
a Chef Justice TO whom a salary of 50 900
q year is 10 be paid, ana four Associate
justices at d salary Of s. 800 each. Appeal
from 'his court Is 10 he had 10 the Supreme
court OF the United States only
DEMOCRATIC BILL.
rate b.l representing the views Of the
six Democratic members of the House
Lom"Hroe Committee and also those Of
hrp-o-"rf lt"e John Sharp Williams. the
Democratic 'i,ur leader. was introduced to-
d"y y Representative Davey of Louisiana.
u gives the Interstate Commerce Com
mission 'ne power to fix "A rate that il TO
remain iu force until overrIled by the
United State, court having proper iuris-
e.ctn
rHf HErBu RN-MANS BIZ
halrnan Hepburn and Representative
lanr 81 Illinois Of the House Commerce
NuMh Yea have been preparing railroad
tate h.l ever since the beginning of the
agitation for regulation two years ago.
lheir plan i- 10 provide that the commits
son shall fax rates which shall 90 into effect
10 d very few days after they are made,
Instead Of some time in the more distant
lN.Ire non appeal to the courts the
'14il' shan dctermir what i reason
axe rate 40 the time they pass on the
Wien tic court ha decided what is
reasonable rate that rate shall be in force
NA'l ilete BIAS been another readjustmeut
,a'-"l lF changed conditions. Then the
'I.lnl- -Iun may again pass upon the sub
ana T. the railroad or shipper feels
W>>i.i-Nri with the decision another APP
pea may lo taken TO the courts. and this
lr9e4u0 may he continued for an in
"'0Ai'r nsWner Of times upon the ale
f"''nr 'alt there has been change OF
co1ilii.fr-
De o go Mr. Mann opinion will be re-
ported lp the House about the 2ith.
49, u. HEAEsr's SCHEME.
Ihe House Committee on Interstate and
iDfeIEn Commerce granted hearing
in-tty 20 W. Il. Hearst OF New York on
I'D. No. regulate trade between the
State
l1ng The hearing Mr. Hearst's
answers Indicated that he has but very
superficial understanding Of the subject
Does your bill prohibit or make inn
possible midnight ratest- asked Mr.. Mann.
Ar Hearst thought for nearly minute,
ana then answered, What are they: |
never heard OF them"
ms chief argument was that what the