The Birmingham age-herald., 1905-11-25
Gives Courts Jurisdiction in
 Ratt Adjustment
WOULD STOP ILL PASSES
Ills Measure Appeals Strongly to Re. pubIlcans and Even Commends Itself to Those Favoring
 Drastic Action.

Washington, November 24.-(Special)- Senator Foraker today presented to the Senate committee on interstate commerce the draft of his bill to amend the inter state commerce law.
 The bill strongly appealed to every re- publican member of the committee and has many points in 1t which commend 1t to those who are favorable to the most drastic legislation. It Is generally re- garded as a concession to the latter, and 1t Is doubtlessly the hope of Senator For aker that 1t will be accepted as com- promise measure The bill, however. does not coincide with the views of the Presi- dent. or rather the views the President has heretofore entertained.
 Tries to Meet Complaints.
 Senator Foraker stated that he had tried to meet the complaints against pres ent railroad conditions and at the same time avoid conferring on the interstate commerce commission. or any other simi- lar body, the power over railroad rates. The Foraker bill. however, provides for enjoining the publishing and charging of excessive rates and for enjoining any dis criminations forbidden by law. whether as between shippers, places. commodities or otherwise and whether affected by means Of rates, rebates classihcations, private cars, preferentials or fin any other man. ner whatever"
 While this does not confer upon the court the power to fix a. rate, 1t does au- thorize the court to say what is an un- lawful hox io ,,,1a and to enjoin the carrier from charging more than is found to be lawful The bill also Is designed to prohibit the giving of passes; to allow free access to railroad docks and meet complaints as to rail rates on export and import freight. The im- portant provisions of the Foraker bill are contained in a bill which amends section of the Elkins act and is as follows:
 Important Provisions of Bill.
 "Section 3. That whenever the inter- state commerce commission shall have reasonable ground for belief that any common carrier is engaged in the car riage of passengers or freight traffic be- tween given points at less than the pub lished 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 any discriminations forbidden by law, whether as between shippers, places. commodities or otherwise, and whether effected by means of rates re- bates, classifcations, preferentials, private cars, refrigerator cars, switching or ter mfnal charges. elevator charges. failure to supply shippers equally with cars, or in any other manner whatsoever, it shall be its duty If such carrier or carriers will not. after sentence desist from such viola ton of the law, to file with the attorney a hrfaf cfafa nP ;te for such belief, and the evidence in SUD- port thereof. and thereupon under his d. rection and in the name of the United States, petition shall be presented al- leging such facts to the circuit court of the United States sitting in equity, hay ing Jurisdiction; and when the action compalined of is alleged to have been committed, or as being committed in part in more than one judicial district or state, 1t may be dealt with, inquired or tried and determined in any one of such ju- dicial districts or states whereupon 1t shall be the duty of the courts summarily to inquire into the facts and circum- stances upon such notice, and in such manner as the court shall direct, and without the formal pleadings and proceed ings applicable to ordinary suits in equity, and to make such other persons or cor porations parties thereto as the court may deem necessary; and upon being sat- isfied. of the truth of the allegations of said petition. said court shall enjoin &C., cording to the ground of complaint the publishing and charging of all of any such rate or rates so complained of in excess of what the court shall find to be reasonable and just; such injunction to continue in force during such period as the same or substantially the same as conditions may continue, as are establish ed by the evidence in such case, or shall enforce an observance of the published f1 1r 4..-t reasonable. or direct and require dis continuance of the determinations by such proper orders, writs and processes, as will be necessary to secure an equality of right and treatment of all shippers. Said writs and processes may be en- forceable as well against the parties in- terested in the traffic against the car- rier carriers complained of; and all proceedings hereunder shall be subject to the right of appeal to the supreme court as now provided by the act of February II, 1903, to expedite the hearings of suits in equity; but such appeals shall not operate to stay or supercede the or der of the court or the execution of any writ or process thereon. unless the appli- cation therefor made for good causes to order.
 District Attorneys Shall Proceed.
 Ut shall be the duty of the several dis trict attorneys of the United States when ever the attorney general shall direct on his own motion or on the request of the instance to institute and pros acute such proceedings and the proceedings provided for by this act shall be prosecuted at the cost of the United States or the railroad company or companies the court may adjudge equitable and just, and such pro- ceedings shall not preclude the bringing of suit for the recovery of damages by any party injured any other action pro- vided by said act approved February f. 1887, entitled an act to regulate commerce and the acts amendatory thereof and in proceedings under this act and the acts to regulate commerce the said court shall have the power to compel the attendance of witnesses both upon the part of the carrier and any shipper or shippers who may be interested who shall be requested to answer on all subjects directly or indi- rectly to the matter in controversy and 0 compel the production of all books and
 
 fC0ntinaaad nu 8no00d 0a0nl