The daily morning journal and courier., 1905-11-25


 be prosecuted at the cost of the United States or the railroad company or conn panies as the court may adjudge equit- able and just, and such proceedings shall not preclude the bringing of suit for the recovery of damages by any party injured. or any other action pro- yided by said act approved February f, 1887, entitled an act to regulate com merce and the acts amendatory there of.' and in proceedings under this act and theacts 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 shippers or shipper who may be interested, who shall be required to answer on all subjects relating direct ly or indirectly to the matter in con trOversy, and to compel the production of all books and papers, both of the carrier and of the shipper or shippers, which relate directly or indirectly to such transactions; the claim that such testimony or evidence may tend to in- criminate the persons giving such evi- dence shall not excuse such persons from testifying or such corporation producing its books and papers, but no person shall be prosecuted or subject Ted to any penalty or forfeiture for or on account Of any transaction, matter or thing concerning which he may tes- tify or produce evidence or informa- ton, documentary or otherwise in such proceeding"
 Provision is made so that the laws to expedite cases in the courts will ap- ply to the new law. No carrier is al- lowed to grant a special TaLe or in any manner collect from any person a greater or less compensation than it receives from any other person. An other section of the bill is as follows:
 That nothing in the act to regulate commerce, approved February 4, 1884, or the act to protect trade and com- merce against unlawful restraints and monopolies, approved July 2, 1890, or in any act amendatory of either of said acts, shall hereafter apply to the es- tablishment of rates or the changing or publication of the same with respect to foreign commerce, if carried in ships of American registry; or shall prohibit any necessary or reasonable act, asso- citation or agreement with respect to interstate transportation that is not un- reasonable restraint of trade or com merce with foreign nations or among the several states; or shall hereafter authorize forfeiture of property as pun ishment for any violation of such acts. .'
 During the two hours the committee was in session to-day, Senaotr Forak- CT explained the provisions of the bill in detail. After adjournment Senator For aker made the following statement which is an epitonle of his argument before the committee. .. ..
 1.-The results desired by the president should be accomplished but if the could be secured without conferring the rate making power on the interstate cotll- merce commission or any other goverfl- mental agency, number of very troublesome legal questions will be avoided, such as the constitutional, pro- hibition against giving preference to the ports of one state over those of another, the right to delegate legisla- tive power; and all questions as to the power of the court to review the legis- lative act of making rates exeeut in cases that are contfscatory, etc ,.
 'The great evil to be reached and dealt with Is discriminations This takes the form of discrimination be- tween localities and individuals. It is practised under numerous gIises and devices, such as terminal charges, ele- vator charges, refrigerator charges, private car line charges, classification false weights, refusal to supply cars equally to shippers and in numerous other ways.
 "Ths basis of the most imortant feat ure of the bill I have presented is the third section of the Elkins act. I have sought to amend 1t so as to make 1t applicable not only to every form of discrimination that can arise, but also to receive rates as we'll as rebates, and have sought to make the law available to the humblest shipper in the land and to make 1t immediately responsive whenever he may see fit to 1 invoke it.
 "The proposition of the bill is that i upon complaint and that the showing of probable cause the case shall be heard on it's merits in the first instance in the court, where full relief can be granted.
 i, This Is not a delay to the shipper ] because it will take no longer, stating i conservatively, to try the case before the court in the first instance than il would to try 1t before the interstate commerce commission, and the proba- bilities are that any judge of the cir cult court of the United States, acctm. toned to hearing witnesses, applying the law, and disposing of litigatet questions, sitting in equity, would try 1 the case in much less time than the in terstate commerce commission or any other similar body would require.
 "The propriety of going, in the f1rst i instance, to the court, where a remedy i can be administered, is manifest wher l 1t Is remembered that any case must ! if the parties to 1t are so disposed go tc i court anyhow before 'i '>1o1 for il is the constitutional right of everyone 1 to have his day in court, and that right i cannot be taken away by congress even if there was a disposition to dc 1 so.
 Another feature of the bill provides { for the appointment of expert xeamin. I CTS who, under the direction of the in. 1 terstate commerce commission, car make an examination at any time of al