The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1906-07-06
THE RAILROAD RATE BILL

against the regular charges for trans
%portstion OF such property, as fixed by
the schedules of rates provided for in
this act. shall be deemed guilty OF q
fraud, which is hereby declared to be
q misdemeanor. and, shall, Upon con-
viction thereof in any court of the
United States Of competent jurisdic-
ton within the district where such Of
tense was committed, in addition to
any other penalties provided by this
act, be subjected to a fine equal to
three times the sum OF money so re-
ceived or accepted, and three times the
value Of any other consideration SO re-
ccived or accepted, to be ascertained by
the trial court; and in the trial for
such offense, all such rebates or other
considerations so received or accepted
for a period Of six years prior to the
commencement of the action may be
considered, and the said fine shall be
three times the total amount OF none
or three times the total value of such
considerations so received or accepted,
nc the case may be: Provided, that the
foregoing penalties shall not apply to
rebates or considerations received prior
to the passage ard approval OF this act.
In addition to the above the commits
sion Is empowered to make joint rates.
Orders Of the Commission.
Any carrier, any officer, representa-
tive, or agent of a carrier, or any re-
ceiver, trustee, lessee, or agent OF
either Of them, who knowingly tails or
neglects to obey any order made UNI
der the provisions Of section is of this
act, shall forfeit to the United States
the sum OF $4,000 for each o~frense.
Every distinct violation shall be a sep
arate o%ffense, and in case of a continue
Ing violation each day shall be deemed
a separate offense.
Provision for Court Review.
The court-review provision Of the
bill is as follows:
II any carrier fails or neglects to
obey any order Of the commission.
other than for the payment of money.
while the same is in effect, any party
injured thereby, or the commission in
Its W name, may apply to the circuit
court in the district where such carrier
has its principal operating office, or in
which the violation or disobedience OF
such order shall happen, for an On.
forcement OF such order. Such applica-
ton shall be by petition, which shall
state the substance of the order and
the respect In which the carrier has
Jailed of obedience, and shall be served
upon the carrier in such manner as the
court may direct, and the court shall
prosecute such inquiries and make such
Investigations, through such means as
T.. shall deem needful in the ascertain.
ment OF the facts at issue or which
may arise upon the hearing Of such
petition. II, upon such hearing as tho
court may determine to be necessary.
IL appears that the order was lawfully
made and duly served, and that the,
carrier is in disobedience of the same.
the court shall enforce obedience to.
such order by a writ OF Injunction. or
other proper process, mandatory or
otherwise, to restrain such carrier. its
officers, agents or representatives, from
further disobedience OF such order, or
to enjoin upon 1t, or them, obedience to-
the same; and In the enforcement OF
such process the court shall have those.
powers ordinarily exercised by it in
compelling obedience to Its writs of.
1 Injunction and mandamus.
From any action upon such petition.
on appeal shall lie by either party to.
the supreme court OF the United States,
and in such court the case shall have
priority In hearing and determination.
yer all other causes except criminal
causes, but such appeal shall rot va
or suspend the order appealed
from.
The so-called Allison provision pro-
vides that all cases for the annullfng
a rate as made by the commission
be brought in the district.
where the carrier against whom such
OF requirement may have been
made has its principal office.
Other provisions OF the bill provide.
that h commission shall be empow.
cred to require annual reports from alb
common carriers, n providing that
such reports shall be Of the fullest
giving the commission at
all times access TO ne books OF COM
mon carriers, heavy penalties are en-
joined for false entries In accounts. A.
fne Of $1,000 or imprisonment for q.
term Of two years, or both, is decreed
for any examiner who shall wrongly
information acquired through
OF %accounts. Circuit and
district courts are to have Jurisdiction
10 issue writs Of mandamus compell-
Ing common carriers to obey the or
ders OF the commission. Bills of lad
Ing are to be issued by any common
carrier accepting goods for transporta-
lion. making railroad companies liable
for loss or damage done in transit
their or any other line. The COM
is empowered to employ spe-
cial agents or examiners with full
This act takes effect and is / n
from and after ite naeeao 70