Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-07

and rates i'm accordance with the in
structions of the commission. This
schedule must also show the division of
fares or charges between so-ca.led
trunk or through lines and terminal Or
Industrial roads.
The bill also provides that the com
mission shall decide promptly and
within 90 days after hearing an cases
brought before it. 1t contains nracti-
cally the same provision of the Esch-
Townsend bill which authorizes the
commission upon complaint and after
/ full hearing IT, determine whether a
regulation is reasonable or unreason-
able, and if unreasonable, to substi-
tute the reasonable maximum rate i'm
lis stead and it may order both a max
lnICm and minimum rate in cases in
VolNing the relation of rates when il
l1ndS that course necessary to enforce
the application of difterentia charges
and such order of the commission shall
80 into effect within 80 days after il il
made. This same provision applies also
to joint rates and where the carriers
parties to such joint rates fail to agree
on the division Of the same the com
mission may determine the share OF
each carrier.
1t also provides for a rchearing upon
any order which the commission has
made on til" application of either party
to the case In case the carrie, is dis
satisfied with any order of the COM
mission. il can on petition, begin pro-
c"edings i'll the federal court of the jul
diCii:i district in which it has its prin-
clpal operating office. alleging that ,he
order of the commission is unlawful
and praying that it be vacated and set
aside. When such petition is filed it is
the duty of tn" attorney general to give
notice as provided under the expedition
act OF Feb. II, 1907. Whcreupon the
court consisting Of three circuit Judges
or two circuit Judges ANA I, district
judge shall proceed directly to dcter-
mine the llWfulnCss OF the commits
sion'S order in which case the commits
sion is the defcndCnt and the attorney
general has charge of the defence
Either party to the proceeding may APP
peal from the decision of the cxpedi-
ton court directly to the supreme
court. No provision is made for sus-
pending either the order of the COM
miSSiCn or of the trial court, for the
reescn that the court, whether express
ly permitted by the bill or not, would
have the power to enjoin any order
if the proper showing is made that the
order or decree is unlawful.
''rhe bill also provides that the COM
mission shall have authority to desig-
male end employ special agents and eX
aminers empowered to administer
odths, examine witnesses and receive
evidence; this also is done to eXpediate
business before the commission.
'.The bill also provides for the fullest |
possible reports from the railroads of
every detail Of their business and bust |
ness relations showing receipts and dis |
bursments, al contracts, private or
otherwise and gives the commission |
power to require specified methods of
keeping accounts and, of making re-
ports. The bill also authorizes the com |
mission and its agents to inspect at any
time all books of accounts, records |
memoranda or contracts and imposes |
fines and imprisonment for keeping ana |
reporting anything but true and full
rec 0rds and for Withholding any infOr- |
nation from the commission.
1.-THE President ia his message calls
particular attention 10 three matters
which should be included in any meas |
ure TO amend the Interstate commerce
law:
"Fnst, to provide against so-calied
midnight rates.
Second to empower the commission
with authority to fix, upon complaint
and full hearing, q reasonable maxi |
mum rate in place Of one found by the |
commission to be unreasonable, and
have to 90 into early effect.
'"Third. to compel the widest publicity |
of railroad bookkeeping and methods.
.This, the new Townsend bill |
fully accomplishcs."