The San Francisco call., 1905-01-31
RAILROAD BILL
IS AGREED UPON
House Committee Votes to
Report a Combination of
! Esch : Townsend Measure
MINORITY is OPPOSED
Goes Upon Record as in
Favor of the Regulations
That Dayey Has Proposed

Committee on Interstate and Foreign
Commerce by a party vote to-day au-
thorized favorable report to the
House on a bill extending authority to
the Interstate Commerce Commission
to fix rates, increasing the size OF the
commission from five to seven members
and creating a court Of transporta-
tion." The bill Is combination OF the
Esch-Townsend measure. with amend
ments taken from the Hepburn bill.
The action of the committee was
reached after sessions lasting prac-
ucAlly all day. At 10 o'clock the eleven
Republican members Of the committee
met for. the purpose Of agreeing on
bill Eight of them were in favor OF
reporting the Hepburn bill. lacking one
vote Of being a majority. Townsend,
Esch and Lowering were In favor Of
the Esch-Townsend proposition. Final
ly Chairman Hepburn moved to report
the Esch-Townsend measure with
amendments, and then the Democratic
members Of the committee were called
In and an hour was given them to eau
Gus on the bill. During this time 1t
developed that two of the six minority
members were not satisfied with the
Davey bill. The four members who did
support it agreed to add two amend
ments. one providing that where rate
is named by the commission affecting
two or more roads the commission, on
the failure of the roads to agree on a
division Of the rate, shall make rul-
ing on the matter, and the other ex-
pediting litigation over a rate tnat mas
been fixed by the commission.
The full committee met at O'Clock.
and after voting down the Davey bill
by a party vote the Republicans car
ried the Hepburn motion. The Demo-
Gratis gave notice that they would pre-
sent the Davey bill in the House with
q minority report. Townsend subse-
Quently introduced in the House the
measure agreed on in order to have 1t
printed.
SCOPE OF THE MEASURE.
The bill as reported contains twenty
two sections. Sections one and two ex-
tend authority to the Interstate Com
merce Commission, whenever after full
hearing it has declared any existing
rate for the transportation Of persons
or property or any regulation or prac-
tice whatsoever affecting the trans
portation of persons or property TO be
unreasonable or unjustly discrimina-
tory, to declare and order what shall
be just and reasonable rate, practice
or regulation to be charged, imposed or
followed in the future in place OF that
found to be unreasonable or unjustly
discriminatory. and the order OF the
commission shall Of its own force be-
come operative thirty days after notice
has been given to the person or per-
sons directly affected thereby; but at
any time within sixty days from date
of such notice any persons directly af-
fected by the order of the commission
and deeming II TO be contrary 20 law
may institute proceedings in the Court
of Transportation, sitting as a court OF
equity, to have 1t reviewed and its law
fulness, justness or reasonableness de-
termined-
When the rates substituted by the
commission shall be a Joint rate and
the carriers fail to agree on the ap-
portionment thereof among themselves
within twenty days after notice of such
order, the commission after full hear.
ing may issue supplementary order
declaring the portion Of such joint rate
to be received by each carrier party
thereto, which shall take effect Of its
own force as part Of the original Or
der, subject to review like the original
order.
Section makes all proceedings be-
fore the commission, including the rec
ord of evidence, findings and records Of
the commission, a part Of the record
In the case, to be sent to the court
of transportation within ten days after
notice for review has been given. All
proceedings before the court are to be
conducted by the Attorney General.
The commission, however, may employ
special counsel, with the approval of
the Attorney General, and, moreover, is
givensfull power even during proceed
ings to modify, suspend or annul it's
former order, ruling or requirements.
HEAVY PENALTY IMPOSED.
Section 4 imposes penalty of fine
OF $4,000 a day for each day parties vio-
late the rulings of the commission
made under sections l and of the bill.
Section 5 defines the word person"
to include corporations.
Section increases the membership
of the commission to seven and makes
the salary of each $4,000 a year, and
concludas: THE President shall ap-
point, by and with the consent of the
Senate, two additional Interstate Com
merce Commissioners. Not more than
four Commissioners shall be appointed
from the same political party"
Section establishes the Court of
Transportation, to be composed Of five
Circuit Judges of the United States no
TWO Oh WnOtil SIldll Dc lloiii Tie SdHic
judicial district.
Section provides that this court
shall hold four regular sessions annu-
ally in Washington. Special sessions
may be held at other places.
Section authorizes the President to
appoint five additional Circuit Court
Judges.
Section 10 grants the Court of Trans
portation exclusive original jurisdic-
4. Ia .Jo,- \
visions of the bill and also the inter-
state commerce act.
Sections IL and Is relate to evidence
before the court.
The Court of Transportation is given
power to summon before 1t all parties
named as defendants or respondents in
proceedings before it. and its subpenas
for witnesses may run into any judi
| cial district or any territory or posses
sion of the Tinted States"