The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1906-05-25
SENATE PASSED BILL
ALL BUT THREE MEMBERS VOTED
FOR RAILROAD MEASURE.
1t Took Almost 70 Days of Debate
1t 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 Is 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 sucn charges. 1t
also authorizes an inquiry as to wheth-
er 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.
Further, authority is given the COM
mission to enforce it's 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
cordance with this award, the bene-
ficiary is authorized to file suit in a
United States circul, court to compel
compliance. The finding of the COM
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
sion through the mails, and provides
that the orders shall take effect 80
days after service unless suspended or
modified by the commission or sus-
pended or set aside by the courts. A
disobedience of the order is imposed,
and the penalty is to accumulate at
the rate of $4,000 a day in case of con-
tinuous violation. Orders other than
those for money payments are to be
enforced by the federal courts through
writs of mandamus or injunction, and
in case of appeal to the supreme court
these cases are to be given preference
over all others except those of crimi-
nal character.
The bill was amended by the senate
so as to give the United States circuit
courts jurisdiction to entertain suits
brought to annul or change the orders
of the commission and to provide
against the granting of interlocutory
degrees without hearing and making
appeals from such orders direct to the
supreme court.
Other provisions extend the defini,
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
word Transportation" so as to make II
embrace cars and other facilities fol
shipment or carriage, irrespective OF
ownership or of any contract" the in
tention being to make the railroads re
sponsible for all special car service
Il is made the duty of carriers to fur
nish special car service upon reasona
BILE request.
Senate amendments include oil pip'
lines, express companies, and refrig
orator car companies under the heaC
of common carriers" and make then
amenable to the requirements of thu
bill.
Prohibition Against Passes.
Other senate notifications prohibi
the issuance of passes or the granting
of special favors to one class of pas
sengers over another prohibit raj
road companies from Transporting
commodities produced by themselves
require such companies to put Il
switches at the reasonable request @
shippers; prohibit the granting or az
ceptance of rebates, and reinstate tn
Imprisonment penalty for violation
the law.
There are also changes in the lay
relative to the reports to be require
of common carriers, and penalty G
500 a day is imposed for failure t
comply with the report requirement.
The commission is given access t
the accounts of the companies affecte
by the act, but examiners are forbit
den, under penalty of heavy fine an
4 long Imprisonment, from divulging tn
facts ascertained. Fines of $500 fc
each failure tn keen nroper account