The Birmingham age-herald., 1906-01-28
Hepburn Railroad Rate Bill is
 Reported to House
COMMISSION GETS POWER
Can Establish Rate or Declare What Will Be Proper Charge In a Certain lnstanee-Mat-
 ter of Damages.

Washington. January 27-Chairman Hepburn today reported to the House his railroad rate bill with the favorable rec concentrations of the entire republican and democrat members of the interstate and foreign commerce commission. The bill will come up in the House next week.
 The report is a comprehensive explana- ton of the measure. Preliminary to giv- ing details as to the intention of each section the statement Is made that the bill Is the product of several years con s!deration by the committee. The object of the bill is simply to amend the inter- state commerce law which has been in force for twenty years.
 No attempt Is made to give the com mission power to readiust freight eiassi- fcaton, a power which MT. Hepburn says his committee considers a very much greater power over rates than that given in the bill as under the measure the initiative in rate making Is not given to the commission But under grant of power to establish system of freight classified ton, the commission woud have authority to take the initiative. Little complaint. it is said. has been heard against classification
 Broader Definition of Words.
 In attempting to correct the shipping evils the bill provides first a broader definition of the words railroads" and transportation" so as to include within the jurisdiction of the commission the regulation of switches. private cars and terminal charges. Icing charges are re- quired to be included in the published tariff schedules and thirty days notice is required to be given before changes are made in these schedules. This lat ter requirement is to obvlate what is known as midnight tarlff."
 In considering a complaint the commits sion is given authority to find a con cusIon instead of as at present finding facts and conclusions" Facts are to be included in the finding only when dam- ages are to be awarded.
 Declare the Proper Rate.
 It is section four of the bill which con fers power on the commission to estab- fish a rate or to declare what will be a proper charge in a certain instance. The report states in this connection that 1t Is just to the commission that none of it's members think 1t wise that authority to take the initiative in rate making should be conferred upon it.
 It's jurisdiction is confined to cases where complaint has been made, when it is au- thorized to declare what shall be a just and reasonable and fairly remunerative rate or rates, charge or charges, to be hereafter observed in such case as the maximum to be charged and what regu- atlon or practice in respect to such trans portation is just and fair and reasonable thereafter to be followed, and to make an order that the carrier shall cease and de- sist from such violation to the extent to which the commission finds the same to exist and shall not thereafter pnblish' demand or collect any rate or charge for such transportation in excess of the maximum rate or charge subscribed. and shall conform to the regulation or prac- tice so prescribed"
 Limited to Three Years.
 The existence of the order is limited to a period of three years. It is explained that the word "maXimum'' was used in order that some flexibility might be given the rate and that the carriers might charge less sum than that fixed by the commission. The commission is empowered to fix the maximum allowance to the ship per who furnishes his own cars or any nstrumentality of transportation.
 Additional requirements and restrictions are provided in the matter of awarding damages. receiving complaints and giving notice of hearings, etc. A penalty of 5000 is provided for violation or disobedience of any order of the commission. Authority is given the shipper to apply to the cir cult court for the enforcement of the com missions order The court is to enforce this order by means of injunction. Ap- peais may be taken to the supreme court direct and in such cases are given pri- ority over all other exceptional cases. Access may be had at all times to the books of the carriers. A fine of S50OO or imprisonment of two years is the penalty provided for refusal to allow experts of the commission to examine the books of such carrier.
 The bill provides for two additional members of the commission. the term of