The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-06
ROOSEVELT Bill.
Measure for Regulation of Inter.
state Transportation
Is offered In the House by Con.
gresham Townsend.
II FOLLOWS THE LINES
Laid Down by the President in
His Message.
EnIarges the Commission and
Salary of the Members.

Washington, Dec. s-rhe Esch-
Townsend railroad rate bill which
passed the house at its last session has
been redrawn and was reintroduced in
the house today by Mr. Townsend. The
bill embraces all of the features Of the
former measure but is drawn SO as to
specify the things which may be done
by the interstate commerce commission.
In addition it has a publicity feature
and gives the commission Jurisdiction
over refrigeration and terminal charges.
It also directly prohibits the carrier
lroIn. granting any shipper the privilege
Of collecting his product and then get
ting q special rate under the short term
provision for changing rates.
AS explained today by Mr.. Townsend
the bill expressed the ideas of the pres
1dent in his message and will, IL enact
ed into law, amend the interstate COM
merce laws so as to make it more effect
ual IN securing exact justice between the
carriers, shippers, producers and con-
sumers. Tt amends the existing laws
so as to embrace within the powers OF
the commission all interstate carriers
of interstate and foreign commerce.
whether by railroads or partly by rail-
roads and partly by water and includes
specifically in the term transportation
all cars, vehicles ventilation, refrigeTa-
ton, elevation transfer, storage and all
Ol1lSE 4dC1llL1ES ana 1iSLLuIlE4Iallk1ES
shipment and carriage as well as ter
minal siding and industrial tracks, thus
giving the commission authority over
the so-called private car and other
agencies.
Changes Commission.
ut enlarges the interstate commerce
! commission to seven members, increases
the length Of their term OF office to
seven years and their salaries to S10,0 900.
This is done at the presidents sugges-
ton as the increased power conferred
upon the commission will increase its
duties and responsibilities and require
the best men obtainable. This commits
sion will compel the establishment Of
! joint and through rates for interstate
traffic and abolish the custom which
| prevails as in some cases Of billing ship
/ men s Within the borders of a state and
| then compelling a reshipment.
TT seeks to abolish the s0-called MIDI
night rate evil by enlarging the time in
which a published or scheduled rate can
! be changed to 60 days and compels the
carrier to itemize its schedules and rates
| in accordance with the instructions Of
the commission. This schedule must
also show the division of fare or charges
| between SO-called trunk or through lines
/ and terminal or industrial roads.
''The. bill also provides that the COM
mission shall decide promptly and with
/ in ninety days after hearing all cases
/ brought before it. It contains practical
]
/ Townsend bill which authorizes the
commission upon complaint and after
full hearing to determine whether a rate
or regulation is reasonable or unreason-
able and if unreasonable to substitute
the reasonable maximum rate in its
stead and it may order both maximum
and a minimum rate In cases involving
the relation of rates when it finds thaC
| course necessary to enforce the appi1ca-
! ton of differential charges and such or
I y saFf shall
feet within 80 days after 1t is made. This
same provision applies also to joint rates
and where the carrier parties to such
joint rates fail to agree on the division
of the same, the commission may de-
termine the snare of each carrier.
Provides for Rehearing.
/ "It also provides for q rehearing upon
any order which the commission has
made on the application of either party
/ to the case. In case the carrier Is dis
satisfied with any order of the commits
| sion, it can, on petition, begin proceed
! ings before the federal court Of the ju-
dicial district in which it has its prin-
cipal operating office, alleging that the
| 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 the attorney general to give
/ notice as provided under the expedition
| act of February II, 1903, Whereupon the
court consisting of three circuit judges.
:
Judge shall proceed directly to determine
| the Iawfulness of the commissions or
/ der in which case the commission is the
defendant and the attorney general has
charge of the defense Either party to
the proceeding may appeal from the de-
cisiOn of the expedition court directly 70
the supreme court No provision IS
made for suspending either the order of
the commission OF the trial court, for
the reason that the court whether eX-
pressIy permitted by the bill or not
+ would have the power to enjoin any or
/ der If the proper showing is made that
the order or decree is unlawful.
Provides for Full Reports
ssThe bill also provides for the fullest
possible reports from the railroads Of
every detail Of their business and busi-
ness relations; showing receipts and dis
bursements, all contracts, private or
1 otherwise and gives the commission
mower to require specified methods OF
| keeping accounts and of making reports.
| The bill also authorizes the commission
and its agents to inspect at any time all
/ books of accounts, records, memoranda
or contracts and imposes fines and i'm
prisonment for keeping and reporting
anything but true and full records and
for Withholding any information rom
1 the commission.
sThe president in his message calls
particular attention to three matters
which should be included in any meas
ure to amend the interstate commerce
law:
FIRST, to provide against so-eaIled
midnight rates; second, to empower the
/ commission with authority to fix upon
/ complaint and full hearing, a reasonable
maximum rate in place of one found by
| the commission to be unreasonable and
/ to have it go into early effect; third,
to compel the widest publicity Of rail-
i road bookkeeping and methods made.
This the new Esch-Townsend bill fully
acconplishes.