The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-23
HEPBURN'S BILL IN.
1t Has the Endorsement of the Adj
m~inistration-

Washington, a 23.-Representative
Hepburn has introduced his BILL which
has been Endorsed by the administra-
ton, amending the interstate
act, which has been under considera-
ton some time. The bill provides that
upon complaint the interstate COM
merce commission Shall declare and or
der what shall be a Just and reasonable
rate, which order shall tax effect in go
days, the carrier having made an ap-
peal to a court of commerce., to have
the order of the commission reviewed.
Pending the review the court may SuS-
pend the order requiring a bond from
the carrier. for the payment of all
damages incurred by shippers.
The commission IS also authorized TO
fix q Joint rate in case two or more
carriers fail to agree, orders affecting
these rates being subject to review by
the court of The president
is authorized to appoint an assistant
attorney general for the enforcement OF
the act. The interstate commerce COM
mission is authorized, during a judicial
review of its order, to modify or SuS-
pend the order under review. Carriers
refusing to obey an order of the COM
mission are subject to a penalty of 49,
600 a day. An appeal from the court of
can be taken only to the SD
preme court of the United States. The
present interstate commits
sion is abolished and a new commits
sion created OF seven COM
missiOners ct $1,000 a year. The terms
OF the commissioners ShaI De ten years
A court OF composed OF
five circuit judges of the United States,
IS created which shall hold four regular
sessions each year in washington me
court shall have exclusive jurisdiction
over cases brought by the interstate
commerce commission. The chief jus
tice of the supreme court of the United
States is authorized to designate upon
the first of each year five circuit judges
who shall constitute the court OF COM
merce. The president is authorized to
appoint an additional circuit judge LOT
each of the Judicial districts OF the
United States who are authorized TO
perform the duties of the judges of the
circuit court. The bill consists OF
twenty-one sections, much
being given to the details and methods
of procedure under which the comm1s-
sion and the court of shall
proceed.
section 6 provides a penalty Of
$1,000 a day for failure TO comply
with any order of the commission It
also provides that IN all suits DfOughL
to enforce the orders of the commits
sion or to restrain them in the court
OF commerce, appeal shall be only 70
the supreme court OF the United
states and must be brought within
thirty days. sbut in none of the suits
or proceedings described shall an ap-
peal operate as a supersedeas OF shal
any order be passed s~uspend1ng or
STAYING the decree of the court or
pending an appeal except
upon the giving OF q bond of good and
sufficient security, conditioned that
the appellant shall prosecute his ap-
peal to effect. and if he fail to make
his plea good, shall answer in addition
TO all costs all damages, which shall
Include compensation for Whatever
sums for transportation services any
person or corporation shall be com
PEELED by the appellant to pay during
the pendancy of the appeal, in excess
Of the sums such person or CORPORA
ton could have been compelled to
pay If the order, judgment or decree
of the court of had not
been suspended or stayed"