Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-25
In His Draft Of Bill to Amend
Interstate Commerce Law.
Committee Meets and Foraker Explains in
Detail Bills Provisions.

regula tion and at the same time to
avoid comforting upon the Interstate
Commerce Commission or any similar
body, full power over railroad rates.
The important provisions of the For
aker bill are contained in section
which amends Section 8 of the Elkins
| act and is as follows:
Section 3. That whenever the Inter-
| state Commerce Commission shall have
| reasonable ground for belief that any
common carrier is engaged in the car
| rage of passengers or freight traffic be-
| tween given points at leess than the
published rates on file, or is, either
sinGly or in cooperation with one or
| more other carriers, publishing and
charging unjust or unreasonable rates
therefor, or is committing and discrlm-
ination forbidden by law, whether as
between shippers, places, commodities,
or otherwise, and whether effected by
means of rates, rebates, classificationS,
tor cars, switching or terminal charges,
ELEVATOR charges, failure to supply
shippers equally with cars, or in any
manner whatsoever, it shall be it's duty
if such carrier or carriers will not, af-
ter due notice. desist from such VIOLA
ton of the law. to file with the attorney
general brief statement of its grounds
| for such belief and the evidence in sup
port thereof, and thereupon, under his
direction and in the name of the United
States a petition shall be presented all
lcging such facts to thee ircuit court of
the United States sitting in equity hav-
ing jurisdiction, and when the act
complained of is alleged to have been
committed or as being committed in
part in more than one judicial district
or state, it may be dealt with. inquir-
cd of. tried, and determined in any one
OF such judicial districts or states
Whercupon il shall bet he duty of court
summarily to inquire into the facts and
circumstances upon such notice and in
such manner as the court shall direct
and with the formal pleadings and
proceedings applicable to ordinary
suits in equity and to make such other
persons or corporations parties thereto
| as the court may deem necessary, and
upon being satisfied of the truth of the
allegations of said petition said court
shall enjoin according to the ground of
complaint the publishing and charging
of all of any such rates so complained
of, in excess of what the court shall
find to be reasonable and just: such in
junction to continue in force during
such period as the same or substantial
ly the same conditions may continue
as are established by the evidence in
such case, or shall enforce an obServ-
ance of the published tariffs if they are
found to be just and reasonable: or di-
rect and rpnIljrp IicrOn inn n of
such discrimination by such proper or
ders. writs and process, ais will, as
nearly as may be, SECURE equality of
right and treatment to all shippers,
which said orders, 'writs, and process
may be enforceable as we'll against the
the parties interested in the traffic as
against the carrier or carriers COM
planned of; and all proceedings hereun-
der shall be subject 80 the right of ap-
peal to the supreme 'court"as now pro-
vided by the action of. February II,
1903, to expedite the readings of suits
in equity: but such appeals shall not
operate to stay or supercedC the order
OF the court of the execution of any
writ or process thereof. unless to cir
cunt or supreme court, on application
therefore may, for good cause so order
1t Shall be the duty of the several
district attorneys of the United States
whenever the attorney general shall
direct, either of his own motion or upon
The request Of the Interstate Commerce
commission to institute and prosecute
such proceedings and the proceedings
provided for by this act shall be pros
ccutcd at the cost of the United States
| or the railroad company or companies
| as the court may adjudge equitable and
Just and such proceeding shall not
preclude the bringing of suit for the
recovery of damages by any party in
| jured, or any other action provided by
| said act approved, Feb. 4, 1887, entitled
an act to regulate commerce and the
acts amendatory thereof and in pro-
ceedings under this act and the acts
| to regulate commerce the said courts
| shall have the power to COMPEL the
attendance of witnesses, both upon the
part OF the carrier and any shipper or
| shippers VINO may be interested, who
| shall be required to answer on all sub
! Jects relating directly or Indirectly to
the matter in controversy, and to COM
| pe!l the production of all books and pa
pers, both of the carrier and the ship
per or shippers. which relate directly
or indirectly to such transaction; the
claim that such testimony or evidence
| may tend to eliminate the person Civ
ing such evidence shall not excuse such
| person from testifying or such corpor-
| alton producing its books and papers.
| but no person shall be prosecuted or
| subjected to any penalty or forfeiture
for or on account of any transaction.
matter or thing concerning which he
may testify or produce evidence or in
formation. documentary or otherwise
i'll such proceeding"
Provision is made so that the laws to
expedite cases in the courts will appIv
to the new law. No carrier is allowed
to grant special rate or in any man.
ner collect from any person a greater
or less compensation than it receives
| from any other person.
| during the two hours the committee
was in session. today. Senator Foraker
| explained the provisions of the bill in
| detail. -