The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-06
ESCH. TOWNSEND
RATE BILL IS In
Redrawn with Added ,Speciica-
tions, the Measure Is Intro ,
duced in House.

passed the house at its last session, has
been redrawn and was reintroduced in
the house today by Mr. Townsend. The
bill embraces all of the features of the
former measure, but is drawn so as to
specify specifically the particular things
which may be done by the interstate
commerce commission. In addition it
has a publicity feature and gives the
commission jurisdiction over refrigera-
ton and terminal charges. 1t also. di-
rectly prohibits the carrier from grant
ing any shipper the privilege of collect
clal rate under the short-term provision
for changing rates.
Ideas of President.
As explained today by Mr.. Townsend,
the bill 90 expresses the ideas of the
president In his message and will. if en-
acted into law. amend the interstate
commerce law so as to make it more
| efectual IN securing exact Justice be-
tween the carriers, shippers, producers
and consumers.
1T amends the substantive law so
as to embrace within the powers of the
commission all interstate carriers of in
terstate and foreign commerce, whether
by railroads or partly by railroads and
| partly by water, and includes specifi-
cally In the term transportation, all
cars, vehicles, ventilation, refrigeration,
elevators. transfers. storage and all 9TH
er facilities and instrumentalities of
shipment and carriage as well as ter
mlnal siding and industrial tracks, thus
giving the commission authority over
the so-called private car and other
agencies.
T. Enlarges Commission.
1t -enlarges the interstate commerce
commission to seven members. increases
the length of their term. of office to
seven years, and their salaries to $10,-
0OO. This is done at the PRESIDENT sug-
gestion, as the increased power conferred
upon the commission will increase it's
duties and responsibilities and require
the best men obtainable. This commits
sion will compel the establishment Of
Joint and thru rates for interstate traf-
fic and abolish the custom which exists
IN some cases of billing shipments with
In the borders of. state and then COM
pei reshipment.
TT seeks to abolish the so-called
fmidnight-rate' evil by charging the
time in which published or sched-
uled rate can be changed to sixty days
and compels the carrier to itemize its
schedules and rates in accordance with
the instructions of the commission. This
schedule must also show the division of
fares or charges between so-called trunk
or thru lines and terminal or industrial
roads.
~. Prompt Decision.
! The bill also provides that the com.
mission shall decide promptly and with
in ninety days after hearing, all cases
tically the same provision of the Esch-
J Townsend bill which authorizes the
commission. upon complaint and after
, full hearing to determine whether Z.
rate Or regulation is reasonable or un-
, reasonable, and if unreasonable, to SUBJ
lcf1 fI1fa +h1 l.
IN It's stead. and it may order both a
= maximum and minimum rate in cases
involving the relation of rates when it
finds that course necessary to enforce
the application of differential charges,
y and such order of the commission shall
go. into effect within thirty days after
: it is made. This same provision applies
! also to joint rates and where the car
! rariers, parties to such joint rates, failto
agree on the division of the same, the
commission may determine the share
of each carrier.
: Rehearings Provided.
cit also provides for re-hearing
, upon any order which the commission
has made on the application of either
party to the case: In case the carrier
!, is dissatisfied with any order of the
commission it can on petitior, begin pro-
ceedings in the federal courts of the
Judicial district in which it has it's prin-
clpal operating office alleging that the
order of the commission is unlawful and
praying that it be vacated and set aside.
1 When such petition is fled it is the
duty of the attorney general to give mo-
tice as provided under the expedition
: act Of Feb. IL, 1903, whereupon the
court, consisting Of three circuit Judges,
or two circuit judges and a district
e judge, shall proceed directly to deter
. mine the lawfulness of the commission q
: order, in which case the commission is
l the defendant and the attorney general
has charge of the defense
;. Provision for Appeals.
."Either party to the proceeding may
< appeal from the decision of the expedf.
. ton court directly to the supreme court
. No provision is made for .suspendina
! either the order of the commission OF
= the. court, whether expressly permitted
!, by the bill or not would have the power
; to enjoin any order if the proper show,
= Zig is made that the order or decree is
a unlawful
Z ''The bill also provides that the com
= mission shall have authority to desig
= nate and employ special agents and ex
= amlners empowered to administer oaths
9 examine witnesses and receive evidence;
@ oiio e.too 10 StohO W ga pculIe UuSlueSS De
. fore the commission.
n Reports by Railroads.
Z "The bill also provides for the fullest
!, possible report from the railroads oi
~ every detail of their business and bust
n ness relations; showing receipts and dis
h bursements; all contracts, private OF
= otherwise and gives the commission
q power to require, specified methods OF
IS keeping accounts and of making reports
10 The bill also authorizes the commission
/ and its agents to inspect at any time al
Ia books of accounts, records, memoranda
= or contracts and imposes fines and i'm
prlsonment for keeping and reporting
,e anything but true and full records anG
l. for withholding any information from
N the commission.
D. What President Asks.
u "The president in his message call
G. particular attention to three matter
r. which should be included in any meas
~ ure to amend the interstate commerce,
T. law:
n. "First-To provide against so-callet
Re I7 midnight. rates
U "Second-To empower the commits
j. sion with authority to fix, upon com
plant and full hearing, reasonable
~ maximum rate in place of one found b,
a. the commission to be unreasonable. AM
le have it go into early effect.
:. - Third-To compel the widest pub
,s Lefty of railroad bookkeeping anG meth
1S ode 4 .