The Washington times., 1905-01-22

Existing Interstate Commerce Commits
sien Is Abolished and Succeeded
by Another CT Same Title

The Hepburn bill for the prevention |
Of rebates and the regulation of inter !
state commerce. YVES introduced IN the I
House of Repre- tntatives yesterday. !
The bill was prepared by Col. William !
p. Hepburn. chairman of the House !
Committee on Interstate and Foreign i
Commerce. 1t makes radical cha nges in /:
existing law. and, it is assumed, eN- /
presses to a large extent the views of |
the Administration.
Tie bin abohshes the present In /
terstate Commerce Commission, and |
creates q new commission.
1t provides for the establishment of !
"a court of commerce. which shall hold !
quarterly sessions in Washington.
A course and method of procedure is /
established. and the court is to exercise /
original jurisdiction in railroad rate |
matters.
Appeals from the court of commerce |
are 10 be taken direct 20 the Supreme |
Court OF the United States.
Powers of Commission.
Section provides that upon complaint
the Interstate Commerce Commission.
after full hearing, finding a rate ''un-
iSsNSCH2Dtt w tI-JUSNAt GtSNi
tory" shall declare what shall be a
just ard reasonable rate, practice or
regulation to be charged, imposed or
followed in the future and
The order of the commission shall
of its own force take effect and be-
come operative sixty days after notice
thereof has been given to the common
carrier or carriers affected thereby:
But any common carrier affected by
the order of the commission and deem
ing it to be contrary TO law, may insti-
tute proceedings in the court eff COM
merce of the United States, sitting as a
court OF equity, 10 have such order
reviewed and its reasonabIeness and
iawfulness inquired into and determin-
ed
Pending stlcIl review, If the court
shall be Of opinion that the order or
requirement OF the commission is I'M
reasonable or unlawful. it may sus-
pend the same Until the further order
of the court, in which event the court
shall require bond of good and suf-
heient security, conditioned that the
carrier or carriers petitioning for re-
views shall answer all damages caused
by the delay in the enforcement of the
order OF the commission which shall
include compensation for whatever sums
for transportation service any person
or corporation shall be compelled to pay
pending the review proceedings in ex-
cess of the sums such person or cor
poration would have been compelled to
pay If the order of the commission had
not been suspended,
May Apportion Joint Rate.
Section provides that when the rate
substituted by the commission is a joint
rate. and the carriers fail to agree
upon an apportionment within twenty
days, the commission itself may declare
the portion of the joint rate to be re.
ceived by each carrier Such supple.
mental order is to be subjected to re
view by the court of commerce, the
same as an original order.
Section provides for making I'D the
record OF the cause in the court Of
commerce
Section 4. provides that IN proceeding
for review the defense shall be tnde
the direction OF the Attorney General
though with his consent the commits
sion may employ special counsel a,
assistant attorney general. at $500 pc
annun1, is provided to perform the du
ties in connection with the enforcement
of tie act
Section authorizes the commission t
reopen, at any time, its proceeding
and modify, suspend. or annui forme
orders
Section provides for the enforce
nient of Obedience to the commission
orders by petition TO the court of com
merce and daily fine of 5000 for con
tinuance Of refusal, recoverable in an
circuit courts of The United States.
Appeals to Supreme Court.
Section provides appeals from TIL
court o. commerce Only TO the Su
prene Court CT the United States with
in thirty days of entry thereof, appeal
not to serve as superselcas or 10 sus
pend or stay q decree OF the court o
commerce, except upon bond that IL ap
peilant fail 70 make his plea coed h
shall answe- al damages
Section s aboIishes the heretofore ee.
isting Interstate Commerce Cornn:ssio1
and esta biishes a new commission, O
the same name. to be composed of sever
members. 10 be appointed by the Presi
dent. who shall receive a salary o
$1,000 annually.
The commissioners first appointed shal
remain in Office for terms of four. five
six. seven, eight. nine, and ten years
respectively, from April l. 1866; thei
successors to serve ten years
Section establishes the Court of Com
merce. 10 be composed OF five circui
Judges OF the United states nc two G
whom shall be from the same circus
and three OF whom shall constitute
quorum
Section 70 provides that the court c
commerce shall hold four regular ses
session each year in Washington and
najority OF the court may appoir
special sessions to be held at, othe
places in the United States.
Section II gives the court exclusiv
original Jurisdiction In ali civil suits an
proceedings. al law or IN equity. brougf
in the name of the United States or III
Interstate Commerce Commission, to eI
force the provisions of the acts to regt
late commerce and in proceeding
brought with reference to orders of tn
Interstate Commerce Commission. 81
proceedings TO require witnesses 10 lie:
tify before the Interstate Commerc
Commission may be brought in an
court OF the United States Of origins
jurisdiction.
Powers. of Circuit Court.