The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-25

whenever the attorney general shall
direct, either of his own motion or upon
the request of the interstate commerce
commission 70 institute such proceed
tngs and the proceedings provided for
by this act shall be prosecuted at the
cost of the United States or the rail-
way company or companies as the
court may adjudge equitable and just,
and such proceedings shall not preclude
the bringing Of suit for the recovery Of
damages by any railroad or any other
action provided by said act approved
Feb. s. 1857, entitled An act To regulate
commerce and the acts amendatory
thereof. And in proceedings under this
act and the acts to regulate commerce,
the said court shall have the power TO
compel attendance of witnesses both on
the part of the carrier and any shipper
or shippers who may be interested who
shall be required to answer on all ques-
tons relating directly or indirectly 10
the matter in controversy, and TO com
pei the production of all books and
papers, both of the carrier and the
shipper of the shippers, which relate
directly or Indirectly to such tranSdc-
tiOns, the claim that such testimony
may tend TO criminate the person Civ
ing such evidence shall not excuse such
person from testifying in regard to such
corporation producing its books and
papers but 10 person shall be prose
cuted or subjected to any penalty or
forfeiture for or on account Of any
matter or thing concerning
which he may testify or produce evil
dence or Information. documentary or
otherwise in such proceedings.
Cases to Be Expedited.
Provision is made so that the laws to
expedite cases in the courts will apply
TO the new law. No carrier is allowed
to grant a special rate or i'm any man
ner collect from any person a greater
or less compensation than ii receives
from any other person. Another sec
ton of the bin follows:
THAT nothing in the act TO regulate !
commerce, approved Feb. 4. 1887, or in
the act 10 protect trade and commerce
against unlawful restraints and mOnOp-'l
OlieS. approved Feb T. 1887, or in any
act amendatOry of either OF said acts.
shall hereafter apply To the establish
ment of rates or the changing or pub
LEGATION of the same with respect To
foreign commerce if carried in ships OF
American registry; or shall prohibit
necessary or reasonable act, association
or agreement with respect TO interstate
transportation that is not in unreason-
able restraint Of trade or commerce
with foreign nations or among the sew
eral states: or shall hereafter authorize
forfeiture Of property as punishment /
for any violation of such acts.
Foraker's Statement.
During the two hours the committee
was in session today Senator Foraker
explained the regulations Of the bill in
detail He made the following state
ment. which is an epitome OF his argu-
ment before the committee:
"The results desired by the presi-
dent should be accomplished but il
they can be secured without comforting
the rate-making power on the inter-
state commerce commission or any
other governmental agency number
OF very troublesome legal questions
viii be avoided, such as the cOnstitu-
tiOnal prohibition about giving prefer
ence TO the ports of one state over
those of another, the right to delegate
legislative power; all question as 10
the power of the court TO review the
legislative act of making rates, ex-
cept in cases that are confiscatOry,
etc.
The great evil To be reached and
dealt with is discriminaL This takes
the form of discrimination between To-
calities and individuals. 1t Is practiced
under numerous devices, such as ter
minal charges, elevator charges, re-
frigerator charges, private car line
charges, classification, false weights,
refusal to supply ears equally to ship
pers, and in numerous other ways.
The basis of the most important
feature of the bill / have presented is
the third section of the Elkins act. l
have sought to amend it so as to make
il applicable not-only 70 every form of
discrimination that can arise, but also
to excessive rates. as well as rebates,
and / have sought to make the law
available to the humblest shipper in
the land aud to make it Immediately
responsive whenever he may see fit
To invoke il
Court Instead of Commission.
The proposition of the bill is that
upon complaint and the showing OF
cause the case shall be heard on its
merits in the first instance in the
court where full relief can be granted.
This is not a delay to the shipper,
because it will take no longer. stating
il conservatively. to try the case before
the court in the first instance than it
would to try il before the interstate
commerce commission. and the prOba-
bilities are that any; judge of the cir
cult court of the United States, ac-
customed 10 hearing witnesses, apply
ing the law and dispOsing of litigated
questions, sitting in equity would try
the case in much less time than the
interstate commerce commission or any
other associate body would require.
The pTopriety of going in the first
instance 10 the court where a remedy
can be administered is manifest when
it is remembered that every case must,
if the parties 10 it are so disposed, go
to the court anyhow before it is ended,
for il is the constitutional right of
everyone To have his day in court, and
that right cannot be taken away by
congress, even if there were a dispo-
sitiOn TO do so.
Appointment of Examiners.
Another feature of the bill provides
for the appointment OF expert eXamin-
ers, who, under the direction OF the
interstate commerce commission, can