Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-01-07

Wisconsin in the national house Of
representatives on December 8, 1908.
It's object Is largely the same as that
OF the Presidents recommendation
that the commission be empowered to
adjust freight rates and maintain them
Justly. The bill has been widely dis
cussed since President Roosevelt by
his treating Of the question in his mes
sage to congress brought the freight
rate matter into the limelight. The
Cooper uarles bill has its supporters
and Its enemies and even among the
friends of the Presidents plan are to
be found those who object to the plan
proposed by the Wisconsin men.
The Courier publishes herewith the
full text of the Cooper uarles bill as
introduced in order that its readers
I may acquaint themselves with it. It
follows:
BE II enacted by the senate and
house of representatives of the United
States Of America In congress assem-
bied:
That any order made by the Inter-
state Commerce commission, after
hearing and determination had on any
petition now pending or hereafter pre-
scented pursuant to section thirteen of
an act entitled AN Act to Regulate
Commerce. approved February 4, 1887
declaring, any existing rate or rates
In said petition complained Of for the
transportation of persons or property,
Or any regulation or practice affecting
such rates or facilities afforded in con-
hection Herewith, to be unjustly dis
criminative or unreasonable and de.
/ claring what rate or rates, regu-
lation or practice affecting such
rate or rates would be just
and reasonable. and requiring them
to be substituted therefor, shall be-
come operative and be observed by
the party or parties against whom the
same shall be made within thirty days
after notice, or in case OF proceeding
for review. as hereinafter provided,
then within sixty days after notice;
but such order may at any time be
modified, suspended. or revoked by. the
commission upon full hearing Of all
parties In interest.
Sec. O. That when the rate substi-
tuted by the commission as hereinbe-
fore provided is a joint rate, and the
carriers parties thereto fail to agree
upon the apportionment thereof among
themselves within twenty days after
notice Of such order, the commission
may issue a supplemental order de.
claring the portion of such joint rate to
bereceived by each carrier party
thereto. which order shall be observed
u by such carriers. When the order of
the commission prescribes the just re-
1ation of rates to or from common
points on the lines of the several car
riers parties to the proceeding, and
such carriers fail to notify the COM
mission within twenty days after no.
tice of such order that they have
agreed among themselves as to the
changes to be made to effect compli-
ance Herewith, the commission may
issue supplemental order prescrib-
Ing the rates to be charged to or from
such common points by either or all of
the parties to the proceeding, which
order shall be observed by the carriers
concerned.
Sec. 3. That every such order, as to
its justness, reasonableness and law
fitness, shall be renewable by any
circuit court of the United States for
any district through which any portion
ct the road of any carrier named in
such order shall run, to which petit.
ton filed on its equity side, within
twenty days from the service of such
order. shall be first presented by any
party interested. It shall be the duty
Of the commission, within twenty days
after notice, to cause to be filed in any
court to which such petition shall have
been 80 presented duly certified copy
Of Its entire record in connection with
the order to be reviewed, including pc
tition, answers, testimony, report and
opinion Of the commission, its order,
and all other papers, whatsoever in
connection Herewith. The court shall
thereupon proceed to hear the same
upon the petition, record and testi-
mony returned by the commission; or
in its discretion may, upon the appli-
cation of either party and in such man.
ner as 1t shall direct. cause additional
testimony to be taken; and thereupon
II, after hearing, said court shall be
Of the opinion that said order was
made under some error of law, or is,
upon the facts, unjust or unreason-
able. 1t shall modify, set aside, or an
null the same by appropriate decree;
otherwise the petition shall be dis
missed. Pending such review, how
ever, the court may. upon application
and hearing. If in its opinion the order
is clearly unlawful or erroneous, sus-
pend said order. Any party to the
cause may within thirty days of the
rendition of any final decree of said
court, appeal to the supreme court
of the United States, which court shall
proceed to hear and determine such APP
peal; but neither the order of the cir
cult court nor the execution Of any
writ or process thereon shall be stayed
or suspended during the tendency of