Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1905-11-30
Interstate Commerce Com
mission to Handle Reins
WILL FIX JOINT RATE
AND ENFORCE ITS ORDERS
Draft Of Measure to Come Before
Congress Designed to Prevent
the Fleeing Of Shipper,

Washington Nov. 29.--The senate
committee on interstate commerce to-
day received copy of the rate bill
prepared by the interstate a)mmer2e
commission to be submitted to con-
gress for amendment to the interstate
commerce law. The members of the
committee who were present at the
session today read the bill, but took no
action and adjourned until Friday.
The bill is very extensive, covering 81
pages of typewriter sheets, and 1t
proposes to amend materially the
present law. The more important
provisions of the bill are summarized
as follows:
1t defines the word transportation as
used in the bill so as to include all in
strumentalities employed by the era
rier, including elevators, terminals,
cars, whether owned by the carrier or
other parties, for refrigeration, venti-
lation, or other purposes, and requires
the carrier to furnish such transporta-
tion upon reasonable request of the
shippers, publishing the total charges
for such charges rs now required By
law.
1t makes the through or joint ldte
where goods are shipped from one
part of the United states to another
through foreign country subject to
the control of the interstate CONNER ce
law and enforces the provision by
making the merchandise passing
through the foreign country from one
port in the United States and delivered
In the United States subject to the
customs duties at the frontier, unless
the through rate Is filed with the In
terstate commerce commission as pub
lished as required by law.
1t authorizes the commission
through inspectors to examine the ac-
counts of interstate railroads. torbids
the keeping of any other books of ac-
count than those prescribed by the
commission, and requires roads 10
make a great variety of reports in re-
to the interstate commerce commission
the power where rates and practices
of railways are complained Of by ind'-
viduals or corporations, including
other carriers or trade organizations or
municipal corporations, as unJustly or
unreasonably discriminatory, TO deter
mine upon a full hearing what just
and reasonable rate or practice Is,
which would take the place of the rate
or practice condemned by the commits
sion. And I'm discharging this duty,
the commission Is given power;
"To fix a maximum rate.
"To fix the differential and to pre-
scribe both the maximum and mimi
mum rates, and to enforce the same
when they may be necessary to pre-
vent discrimination forbidden by the
bill, but not otherwise.
A similar power is given to estab-
lish through rates and joint rates ana
to fix the terms and conditions under
which rates shall be operated, II the
carriers fail or refuse to agree upon
the same.
Carriers Must Pay Owners.
It also provides that where the
owner of the property transported
renders any service in connection
with transportation or furnishes any
used, the commission
may, on complaint, determine what Is
a reasonable charge to be paid Tor
such service of instrumentality.
II provides for the collection in the
courts of overcharges found by the
and the penalties for the
failure of the carriers to observe the
final orders of the commission.
1t provides that the final orders of
the commission shall take effect with
in thirty days from the time they are
served on the carrier, and unless va
Gated by the courts said orders viii
remain effective for the space OF ono
year.
In case the carriers complained of
object to putting the orders of the
into effect, their right to
have the same reviewed in the circuit
court of the United States Is pro-
vided for and an elaborate form OF
procedure Is outlined. differing only
In one important particular from the
procedure now established for the
courts of the United States, namely.
that the chancellor may, upon notice
to both PARTIES, extend the time with
in which such orders shall take eff
feet. not to exceed sixty days from
date of service of the orders on the
carriers: and that the court may also
If it plainly appears that he order Is
unlawful. but not otherwise, suspend
Its operation within the discretion OF
the court. An appeal from the cir
cult court TO the supreme court with
out supersedeas Is allowed. The bill
provides that no costs shall be allow
ed the petitioner In the circuit court.
Circuit Court Procedure.
In casee appealed TO the circuit
court the United States Is the defend
missed the defendant shall have judy
ment for its. costs. The defense In
these proceedings ls conducted by the
government through the district at
torneys In the district where action
is brought under the direction OF the
attorney general, the cost to be paid
out OF the appropriations TO be made
for the maintenance of the courts.
II q carrier does not comply with
the final order OF the commission or
II any of the officers or agents know
ingly fails or neglects TO obey the
same they shall forfeit to the United
States $4,000 for each offense. Each
violation shall be deemed a separate
offense. These penalties shall be-
come applicable unless within the
time limit proceedings 10 vacate the
order shall have been begun, or un-
proceedings has modified or suspended
proceedings has nodded or suspended
III. oaF.aa