Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-05-24
THAT RAIL ROAD RATE BILL

The rail road rate bill, as it pass
ed the senate one day last week,
contains some excellent provisions.
Its weak point is the amendment
curtailing the powers of the inter-
state commerce commission, in al
lowing too broad latitude in the
matter of a court review of its de-
cisions. The principal purpose of
the bill is to permit the interstate
commerce commission to fix rates.
The provision comforting this au
thority is found in the fourth sec
tion of the bill, which amends sec
ton s of the interstate law so as
to accomplish this result. That
section directs the commission to
investigate complaints on unjust
and unreasonable charges on the
part of the common carriers in the
transportation of persons or proper
ty, or of regulations or practices
affecting such charges. 1t also
authorizes an inquiry as to wheth-
er the rates or practices are UNI
justly discriminatory or unduly
preferential or prcjudicial or other
wise in violation of the act, and
in case any of these conditions
are alleged to exist the commission
is empowered to determine and pre-
scribe what will be the just and
reasonable maximum rate and what
regulation or practice is just, reas-
enable and fair. Further authority
is given the commission to enforce
its orders, and they are to go into
effect within thirty days and con-
tinue in force for two years unless
suspended, modified or set aside by
the commission or by court of COM
petent jurisdiction. Other powers
conferred by this section are to APP
portion joint fares, establish through
routes and maximum joint rates and
prescribe their division, and to de-
termine the compensation to be paid
to shippers doing service for car
riers.
Section 10 of the present law is
so changed as to provide for an
award of pecuniary damages to COM
plainants found entitled, and in
case payment is not promptly made
in accordance with this award the
beneficiary is authorized to file suit
in a United States circuit court to
compel compliance. The finding of
the commission is to be received as
prima facie evidence of the facts in
such suits, and the petitioner is
absolved from all liability for acts
A penalty of $4,000 for each offense
in disobedience of the order is inn
posed and the penalty is to accumu-
late at the rate of $4,000 a day in case
of continuous violation.
The bill was amended by the sem
ate so as to give the United States
circuit courts jurisdiction to enter
tain suits brought to annul or
change the orders of the commission
and to provide against the granting
of interlocutory DEGREES without the
hearing and making appeals from
such orders direct to the supreme
court.
Senate amendments include oil
pipe lines, express companies and
shipping car companies under the
head of common carriers" and
make them smenable to the re-
quirements of the bill. Other sem
ate notifications prohibit the is
suance of passes or the granting of
special favors to one class of passen-
gers over another; prohibit railroad
companies from transporting COM
modities produced by themselves;
require such companies to put in
switches at the reasonable request
OF shippers, prohibit the granting
or acceptance of rebates, and pro-
vide Imprisonment as a penalty for
violation of the law.
The bill now goes to the senate
and house conference committee.
Its fate there is problematic
though the measure in some form
will doubtless become law.