Omaha daily bee., 1905-11-25
FORAKER DRAFTS RATE BILL
Says Measure is Designed TO Prevent Dis
elimination Of All Kinda
PROCEEDINGS TO BE BY INJUNCTION
Interstate Commerce Commission to
Act as Prosecutor and suits to
BE at Expense of United
states.

WASHINGTON. Nov. Ex-senator For
aker today presented to the senate COM
mlttec on interstate commerce the draft
of his bill to amend the Interstate com
merce law. He stated that he had tried to
meet the complaints against present rail-
road conditions and at the same time avoid
comforting on the Interstate Commerce
commission or any similar body the power
over railroad rates.
The Foraker bill. however. provides for
entoining the publishing and charging of
excessive rates and for enjoinng any dis
ordinations forbidden by law, whether as
between shippers. places, commodities or
otherwise, and whether effected by means
OF rates, rebates. classlhcations, private
cars, preferentials 'or in any other man.
ner whatever" While this does not confer
upon the court the power to fix rate. il
does authorize the court to say what is an
unlawful rate and how much is unlawful.
and to entoin the carrier from charging
more than is found to he lawful. The bill
is also designed to prohibit the giving OF
passes; to allow free access to railroad doc
uments and to meet complaints as to rail
rates on export and import freight.
Provisions of the Bill.
The important provisions of the Foraker
bill arc contained in section which
! amends section of the Elkins act and is
as follows
Section S-That whenever the Interstate
| Commerce commission may have reason
! able ground for belief that any common
| carrier is engaging in the carriage OF pas
sengers or freight Taffc between given
points at less than the published rates on
| file, or II thereby single or cooperating
with one or more other carriers publish
| Ing and charging unjust or unreasonab bic
rates theretor, or IS computing any dis
! ordinations forbidden by law, whether as
/ being shippers places commodities or
| otherwise, and whether effected by means
! OF rates, rebates, classifications preferen-
! tials, private cars, refrigerator cars.
| switching or terminal charges. elevator
! charges. failure to supply shippers equally
/ with cars, or in any other manner whatSO-
ever, II shall be its duty, II such carrier
sst from such violation of the law, to file
! with the attorney general brief statement
| of its grounds for such belief and the evil
dence in support thereof, and thereupon.
under his direction, and in the name of the
! United states, a petition shall be pre-Snted
alleging such facts to the circuit court of
, the United States sitting in equity having
jurisdiction: and when the act complained
| of is alleged to have been committed or as
heir committed in part in more than one
! judicial district or state 1t may be dealt
with, inquired of. tried and determined in
any one of such judicial district or states,
| whereupon IL shall be the duty OF the court
summarily TO inquire into the facts and
circumstances upon such notice, and in
such manner as the court shall direct,
without pleadings and proceedings applic-
able to ordinary suits in equity and ia
parties SVfn thereto e as the co% may deem
| necessary: and upon being satisfied of the
truth Of the aIIoestions Of ssid peftitif9Sn fo on
i ground OF complaint the publishing and
| charging OF all OF any such rate or rates
court shall ind to be reasonable and just
such injunction to continue In force dur
ing such period as the. same or substan.
tally the same conditions may continue
as are established by the evidence in such
cases; or shall enforce an observance Of
the published tariffs II they are found tc
be Just and reasonable: or direct and re-
quire a dlscontinuance of such discrimi
nations, by such proper orders, writs anc
process as will, as nearly as may be, Sc
cure equity Of right and treatment to al
shippers, which said orders, writs anC
the parties interested in the traffic al
against the carrier or carriers compliance
of; and all proceedings hereinunder shal
supreme court as now provided by the ac
OF February II, 1903 to expedite the hear
ings of suits in equity; but such appeals
order OF the court or the execution OF an!
writ or process thereupon. unless the CIR
> cult or supreme court, on application there
, for made for good cause, so order.
Attorneys to Prosecute.
It shall be the duty of the several dis
trict attorneys of the United States, which
ever the attorney general shau ulfec'
either of his own motion or upon the re
! quest of the Interstate Commerce commits
sion, to institute and prosecute such pro
ceedings, and the, proceedings provided 70
by TINS act shaIl be by tue cost OF tn
; United States or by the railroad compan,
, or companies, as the court may judge eqult
able and Just, and such proceedings sinai
: not preclude the bringing OF suit FOR IN
recovery of the damages by any party IN
, jured, or any other action, proylded sal
=, act approved February l. 1887, entitled "A
act TO regulate commerce and acts amend
1 atory thereof And in proceedings unde
, this act and the acts to regulate commerce
= compel the attendance Of witnesses, bot
( upon the part OF the carrier and any sue
| shipper or shippers who may be interested
who shall be required to answer on all sur
jects relating directly or indirectly to tn
- matter In controversy, ana 70 compeI III
3 production of all books and papers, bot
! of the carrier and the shipper or shippers
u which relate directly or indirectly to sue
a | transaction; the claim that such testimon
/ or evidence may tend to incriminate tn
. person giving such evidence, shall not eN
cuse such person from testifying, or sue
- corporation producing It's books and paperi
$ but no such person shall be prosecuted q
I subjected to any penalty or forfeiture fo
or on account OF any transaction matter q
thing concerning which he may testify Q
l / produce evidence or information, docl
, mentary or otherwise, in such proceeding
Provision is made SO that the laws TO ca
pedite cases in the courts will apply to III
new law. No carrier is allowed to grant
] special rate or in any manner collect froI
any person a greater or less cOmpensa ito
= than it received from any other person
d Through Foreign Rates.
G Another section OF the bill is as follows:
j. That nothing in the act TO regulate con
! merce approved February 4, 1887, or
. the act 20 protect trade and CommerC
, against unlawful restraints and monopOlie
J. approved July 2, 1880, or m any act amends
o tory of either of said acts, snail hereaftC
= apply 10 the establishment OF rates or n
charging or publication OF the same wit
respect to foreign commerce, IL carried
n ships OF American registry; or shall DR.,
l. hibit any necessary OF reasonable act, a
ISOLATION or agreement with respect to n
i terstate commerce transportation that
a not in reasonable restraint Of CONNER,
m with foreign nations or among the sever
i, states; OF shall hereafter authorize 10
= feiture OF property as punishment Cor ar
e violation Of such acts
Another feature of the bill provides Z,
the appointment OF expert examiners VIII
under the direction OF the Interstate Con
merce commission can make an examinI
II ton at any time Of all books, documen
and papers Of any railroad that relate
interstate transportation OF commerc
This will enable the commission 10 asca
tain the facts and secure evidence.
J. During the two hours the committee w,
y I'm session today Senator Foraker explain,
" the npoxfgfona ~ hfIl tp