Elk City mining news. (Elk City, Idaho) 1903-1913, 1906-05-26
SENATE PASSED BILL
ALL But THREE MEMBERS VOTED
FOR RAILROAD MEASURE.
1t Took Almost 70 Days of Debate
It Gives the Interstate Commerce
Commission Power to Fix Rates
Circuit and District Courts Given
Jurisdiction over All Complaints.

After 70 days of almost continuous
deliberation the senate has passed the
railroad rate bill by the practically
unanimous vote of II to 3. The three
negative votes were cast by Foraker,
republican, of Ohio and Morgan and
Pettus, democrats, of Alabama.
The Bills.
The principal purpose of the railroad |
rate bill is to permit the interstate
commerce commission to fix rates. The |
provision comforting this authority is
found in the fourth section of the bill, |
which amends section 10 of the inter-
state commerce law so as to accom- |
plish this result. That section directs |
the commission to investigate COM
plants of unjust and unreasonable |
charges on the part of common car
riers in the transportation Of persons
or property, or of regulations or of
practices affecting such charges. 1t
also authorizes an inquiry as to wheth-
err the rates or practices are "unjustly
discriminatory or unduly preferential
or prejudicial or otherwise in violation
of the act" and in case any of these
condition are found to exist the COM
mission is empowered to determine
and prescribe what will be the just and
reasonable maximum rate and what
regulation or practice is just, reasona-
BILE and fair.
LNr,rf hnr MI TO oxix thn
mission to enforce its orders, and they
are to go into effect within 80 days and
continue in force for two years unless
suspended, modified or set aside by the
commission or by court Of competent
! jurisdiction. Other powers conferred
by this section are to apportion joint
. fares, establish through rates and
+ maximum joint rates, and prescribe
their division, and to determine the
compensation to be paid to shippers
doing service for carriers.
Section 16 of the present law is so
changed as to provide for an award Of
pecuniary damages to compliments
found entitled to them and in case
: payment is not promptly made in &C
0 cordance with this award. the bene-
a ficiary is authorized to file suit in a
e United States circul, court to compel
compliance. The finding of the COM
4 mission is to be received as prima ia
Gle evidence of the facts in such suits,
and the petitioner is absolved from all
:, liability for acts.
Another provision renders legal the
,. service of the orders of the commits
n sion through the mails, and provides
;. that the orders shall take effect 80
e days after service unless suspended or
It modified by the commission or sus-
d pended or set aside by the courts. A
disobedience of the order is imposed
5 and the penalty is to accumulate at
/ the rate of $4,000 day in case of con
. tinuous violation. Orders other than
. those for money payments are to be
o enforced by the federal courts through
writs of mandamus or injunction, and
( in case of appeal to the supreme court
y these cases are to be given preference
st over all others except those of crimi
II nal character.
lie The bill was amended by the senate
so as to give the United States circuit
= brought to annul or change the orders
"a of the commission and to provide
III against the granting of interlocutory
l. degrees without hearing and making
d. appeals from such orders direct to the
s. supreme court.
10 Other provisions extend the defini
u ton of the word railroad so as to make
it. to include switches, spurs, tracks
terminal facilities. freight depots
yards and grounds, and defines the
g word transportation" so as to make i
70 embrace cars and other facilities fol
:" shipment or carriage, irrespective O
ownership or of any contract" the in
IN tention being to make the railroads re
is sponsihle for all special car service
tn Il is made the duty of carriers to fur
er nish special car service upon reasOna
nc BILE request.
~ Senate amendments include oil pip'
t. lines, express companies, and refrig
orator car companies under the heat
al of common carriers" and make then
at amenable to the requirements of thu
bill
Of Prohibition Against Passes.
ia Other senate notifications prohibi
: the issuance of passes or the granting
"A of special favors to one class Of pas
al sengers over another; prohibit rail
a road companies from transporting
he commodities produced by themselves
Mt require such companies to put II
On switches at the reasonable request o
shippers; prohibit the granting or ac