Mexico Missouri message., 1906-07-05
THE RAILROAD RATE BILL

against the regular charges for trans
portation OF suck property, as fixed by
the schedules OF rates provided for In
this act, shall be deemed guilty Of
fraud, which is hereby declared to be
a misdemeanor, and, shall, upon con-
victIon thereof In any court Of the
United States OF competent iurisdic-
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-
ceived OF accepted. to be ascertsined 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 ak years. prior to the
commencement OF the action may be
considered, and the said ane shall be
three times the total amount OF money
or three times the total value OF such
considerations so received or accepted,
as the case may be: Provided. that the
foregoing penalties shall not apply to
rebates or considerations received prior
to the passage and 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 oficer, representa-
tive. or agent OF a carrier, or any re-
cGiver, trustee, lessee, or agent Of
either Of them, who knowingly tails or
neglects to obey any order made un-
der the provisions of section Is OF this
act, shall forfeit TO the United States
the SUM OF 5000 for each offehse.
Every distinct violation shall be sep
arate ofTense, and in case OF a continu-
ing violation each day shall be deemed
a separate ofTense.
Provision for Court Review.
The eourt-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 eject, any party
injured thereby, or the commission in
its own name, may apply to the circuit
court in the district where such carrier
has fits principal operating once, or in
which the violation or dIsobedienee OF
such order shall happen, for an enc
| 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
failed 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
/. 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 the
court may determine to be necessary,
II 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 writ Of injunction, or
other proper process, mandatory or
otherwise, to restrain such carrier, it's
officers, agents or representatives, from
further disobedience of such order, or
to enjoin upon 1t, or them, obedience to
the same; and ia the enforcement OF
such process the court shall have those
powers ordinarily exercised by it in
compelling obedience to its writs Of
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
over all other causes except criminal
causes, but such appeal shall rot va
cate or suspend the order appealed
from.
The so-called Allison provision pro-
vides that all cases for the .annulling
OF rate as made by the commission
should be brought in the district
where the carrier against whom such
order of requirement may have been
made has its principal Office.
Other provisions Of the bill provide
that the commission shall be empoW-
cred to require annual reports from ali
common carriers, and providing that
such reports shall be OF the fullest
character; giving the commission al
GA hAAApa hNINo5 W Aap bOCAb VI OOAt'
mon carriers, heavy penalties are en-
Joined for false entries in accounts A
fine OF $4,000 or imprisonment for q
term Of two years, or both, is decreed
for any examiner who shall wrongiJ
diyulgs information acquired through
examinations OF accounts. Circuit and
district courts are to have jurisdiction
| IN fastin vvrffa 0f Fnandaunua pnnonaIl
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
Z ton, making railroad companies liabll
: for loss or damage done In tTansi
! over their or any other line.@ The com
mission is empowered to employ spe
ciai agents or examiners with ful
3 powers.