The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-22
7aE HEPBURN RATE BILL IN.
~ dBOLTSHES THE PRESENT
INTERSTATE COM.HLSSION
-, prc,idrs for Another. to Consist OF
>inc Members Court OF
commerce. Win Power to Re'le" the
mates a. Fixed 10y the Commission.

Commerce, With Power Ia Review tne
mates a. Fixed 10y the Commission.
,r.sutxGroN, Jan. 2l.-The carefully
n,rad Hepburn Interstate Commerce
p,,e REGULATION Bill was introduced in the
m,r.e shortly after noon to-day. 1t abol-
-So. the present Interstate Commerce
r,,,,...ion and provides for the appoint
,,e,t NJ another, to consist OF nine members,
A., receive n salary Of $40 900 year.
Tho hill also provides for a Court OF Com
rerce TO be composed of five CrcuH Judges
Eh. United States, which is to have all the
r,,,,rrs of Circuit Courts, to sit as a court OF
a,,,ity. and TO have original and exclusive
Jurisdiction in all suits involving question
a, interstate commerce rates.
The bill declares that tolls to be demanded
. and collected by common carriers subject
10 the present Interstate Commerce act
.sb,r be m-t fair and reasonable" When
oycr mon complaint and hearing under
,bese conditions Of the present law, the
,,,r,ris.ion shall find any rate or regulation
& unreasonable or unjustly discriminatory,
!, ,ha rate regulation or practice so declared
, rail Of It's own force, take effect and be-
com, operative after sixty days notice
) has been given to the carrier.
Review upon complaint Of the carrier
"a IA be- had by the Court Of Commerce.
That court shall have power, II 1t deems
anv rate. regulation or practice ordered
Nv tho commission to be unreasonable or
unlawful TO suspend its operation pending
review
In such an event the court is to require
n bond conditioned that the carriers shall
answer IN damages 10 the shipper IN any
sun which he may have been compelled
,opay over and above the charge that would
have been made had the order of the COM
mission not bee suspended.
section provides that when the rate
substituted by the commission Is JOINT
rate and the carriers parties thereto al 70
agree upon the apporuonment Thereon
among themselves within twenty days after
tie rate Is changed the commission may
3 issue A supplemental order fixing the pro-
norton OF such Joint rate each shall receive,
and when the order Of the commission pre-
srribe5 the lust relation of rates to or from
common points over the lines OF the several
carriers parties TO the proceeding, and suoh
carriers fail 70 notify the commission within
twenty DAYS after notice OF such order that
,hoy hive agreed among themselves as to
the changes to be made to effect compnniire
herewith the commission may ISSUE
supplemental order prescribing the rate 70
hn CHARGED to and from such common
POINTS by either or all OF the parties To the
proceeding These suppleme~ "a. orders
are likewise to be renewable by the Court Of
Commerce Failure TO comply with orders
Of the commission regarding reSe5 makes
the offending carrier liable to fine of 5000
for each day IL continues, together WITH
COSTS OF the suit.
Appeals from the final DEGREES OF the
Court of Commerce are to be allow 81 10 the
Supreme Court of the United States, but
the appeal L. not to operate as stay To the
orders Of that court, unless good and SUI
hcenr bond il given TO cover all excessive
toll, collected in the meantime.
The United States is TO bear the expense
Of the appeals to the Court Of Commerce,
from which appeals may be taken directly
70 the Supreme Court.
Other sections provide as follows
Section H. That in the exercise Of the
Jurisdiction defined and conferred upon it
ny this act the Court Of Commerce shall possess
ali the powers OF a Circuit Court OF the
United States. 70 far as the same may be
SECTION ~. That the Court Of Commerce
shall have power TO summon and bring be-
iore il all parties named a. defendants or
correspondents in proceedings, before H.
IN ~natcv'r ' tbn Timed states they NAV
rcside and sunYPuas for witnesses 10 APP
pear before the Court of Commergne may run
into any judicial district or any Territory or
uo-se-s'on Of Ne L nited States
Section u That the Court Of Commerce
a. court of equity snail De deemed always
GLIDING any ceTiltcation from the Interstate
COmiacrce Commission. of issuing and return
INK mc-nr and final process, and OF making
and directing all introductory notions
orders rules ara other proceedings. lnclud-
ing temporary restraining orders, prepare tory
% the hearing upon their merits OF all causes
pending therein and any justice OF the court
Of tomWere- may, upon reasonable notice
L. the partiAs make direct and award, at
chambers and in vacation as well AZ in term,
all such prU-sss. COMMISSIONS orders, rules
Gnd other proceedings. including temporary
restraining orders, whenever the same are
not ernntabl0 - Of course. according to the
Jules and rracEee Of the court
Section ~. That the Court OF Commerce
shall have the power 10 prescribe the form
and -, To- OF il seal, and 10 prescribe, from
time 20 time. ond IN any manner not incon-
si-tcut with Any law Of the United States,
the forms Of vrit- and other process and
framing and fling proceedings and plead
ing, Of taking evidence. and OF drawing up.
entering and enrolling orders. Judgments
and DEGREES. md otherwise TO regulate its
practjc" and procedure as may be necessary
or convenient fer the advancement of justice
Section IL. That the costs and fees pf the
Court OF Commerce shall be prescribed by
quorum of the judges thereof and shall be
the Treasury Of the United States in the same
manner as Is now provided ia respect OF the
costs and fees In the several Circuit Courts.
Costs in cases in the Court NJ Commerce shall
be taNrQ against the unsuccessful party after
the Wluuer followed in the Circuit Courts
81 ih" nitcd states IN clses between private
ltgUnl-
Sc ton H. That the Court Of Commerce
shall have power TO appoint "a clerk deputy
Cers. q balin, who shall act as crier. mes
sengrr and i've stenograph ers. who shall
receive annual salaries. rs follows. payable
from the Treasury Of the United States Tho
ccrs s. 600 tho deputy. 81 500 the bailin.
5000 the messenger. $500. and each stem
ocrlpher 81 600,