Omaha daily bee., 1906-02-23
'rriers May Take Gases to Circuit 0ourtby
Depositing Excess Charges,
Mr., KNOX EXPLAINS HIS MEASURE
1t is Intended to Throw Light on Measure
Now in Committee.
INTENDED TO MAKE IT CONSTITUTIONAL
section Providing for Appeal Drawn
to Meet views OF Men Who
Think Hepburn Measure
Defcicnt.

WASHINGTON, Feb 2s-Mr. Knoxs
much discussed and long expected railroad
rate bill was introduced In the senate to-
day and because of the exceptional inter-
est In the subject was accorded the unusual
privilege of a reading at length for tho
Information of senators ON the day of In
PRODUCTION Close attention was given to
the reading of the bill. In a brief state
ment Mir. Knox said he did not hope to
have the committee on Interstate commerce
do moro than consider the bill as afford
| ing light on tho question of court review
of the findings of the Interstate Commerce
| commission.
! Mr.. Foraker gave notice of speech Tor
| next Wednesday on the rate question.
The remainder of the day was devoted
to listening to the reading of Washington
farewell address by Mr.. McCreary and the
| consideration of the hazng bill was passed
just before adjournment
The bill gives authority to the secretary
of the navy to dismiss at any time a
midshlpman whose presence he considers
| for any cause contrary to the best inter
| ests of the service, but the accused has
| the right to demand a court martial. 1t
| repeals the existing law requiring the
dismissal of midshipmcn found guilty Of
! hazng; gives authority for courtmartial
| for hazing under certain conditions and
authorizes graduated sentences under acts
oe June 90. 1874, and of March 3, 1908; re-
quires all instructors and officers at the
naval academy to report offenses to the
superintendent and defines hazing ''the
unauthorized assumption of authority by
one midshipman over another"
| The senate adjourned until Monday.
Knox Offers Rate Bill.
| Senator Knox today introduced his inter-
! state commerce BILL 1t broadens the house
bill and contains a provision for review by
/ the courts of the orders of the Interstate
Commerce commission.
The bill provides that all acts of congress
and the provisions of this bill relating to
interstate commerce ''shall extend to the
common carrier engaged In commerce to
which the rcgulative, power OF congress ex
4 tends under tho constitution of tbs United
States, the transportation OF persons
property wholly by railroad or by the
transportation OF persons OF property
partly by railroad and partly by water
when both are used for continuous car
riage or shipment. Said provisions shall
also extend to all the facilities and instru-
mentalities connected Herewith which
the regulative power of congress extends.
|
or not
1t provides that all carriage charges of
whatever nature shall be just and reason
able When q rate Is unreasonable the
commission shall order it reduced and when
reduced such reduced rate shall be the
maximum to be observed by the carrier.
and when the commission shall order
practice to be changed IL shall be observed
by the carrier
The review provision is as follows:
Section 5. That the order Of the COM
! mission except the orders for payment of
money shall take effect within such rea-
I sonable time as shall be prescribed by the
commission and shall continue for such
period of time, not exceeding two years.
as shall be prescribed IN the order OF the
|, | commission unless sooner set aside by the
! commission or suspended or set aside by
an order of court in a suit to test the law
fulness of said order; but any carrier per-
son. or corporation, party to the proceed
ings affected by the decision OF the COM
mission as to the rate or practice COW
cred by the complaint or by its order pre-
scribing different rate or practice and
. | alleging either or both TO be a violation
, ! of It's or his rights, may institute proceed
ings against the complainant and the In
terstate Commerce commission In the cir
cult court of the United States for the dis
! trict in which any portion of the carrier
\ or carriers who are parties 10 the COM
paint may be located, sitting as court OF
: equity to have such questions determined,
but In no other way shall the lawfulness
of such order TO be questioned and In all
such proceedings the. court shall have
power to make orders to secure the appear
ance OF parties from any part of the
; United States and the existing laws rela-
tive TO evidence and TO proceedings under
the acts to regulate commerce shall be ap-
plcabe. Provided, however, that no or
Il der of the commission reducing rate shall
he set aside or suspended by an interloc-
Z utory decree Of the court, without requir-
ing deposit of excess charge OF sufficient
! bond TO secure to the parties entitled
3 thereto, the repayment, IL the commits
: sioners' order is sustained, OF all moneys
received by the carrier in excess of the rate
fixed by the commission and the court shall
: determine IN such interlocutory decree what
practices shall be pursued by the parties,
= pending the litigation, In order to make
4 this right of payment certain and effect
i've
Another section relating TO appeals fol-
. lows;
: Section o. That in all proceedings arising
0 under this act In which the United States
or the Interstate Commerce commission Is
a party an appeal from the final decree OF
, the circuit court shall lie only to the su-
preme court and must be taken within
thirty days from the entry thereof. No
I appeal shall operate as a stay or supersea-
deas of the decree appealed from.
Provision is made In the bin empowering
the commission To establish through rates
10 and from points between which through
$ routes are not maintained by the railroads
complained Of Where parties to a Joint
N rate Iail 10 agree az 10 inc appointment
4 the commission is given the power TO make
the division between the carriers
e Knox Explains Measure.
Mr.. Knox said;
{ | present a bill TO supplement and amend
3 the act 10 regulate commerce, which | ask
may be referred To the committee on inter
state commerce, but before sending the bill
TO the desk, ask for unanimous conseI-t TO
i say n word in explanation OF ny reasons
q for Offering this bill at so late a date.
: II has been generally reported, and II is a
> fact that / have recently. upon request OF
different persons interested In the rate reg
\ ulation measures now pending before the
/ senate submitted my views 10 a pro-
y vision which ! deem essential to the GER
tain conStitutOnality Of tho bill passed by
j. the house OF representatives. | presented
my Views by taking ont Hf the hill which
J. Z now offeT section =. and that section can
y not he thoroughly understood independent
( of It's context. II Is not my cxpectst tion
/. that the bin which ! now offer will receive
: any further consideration from the commit
tee than they may choose 10 give II as
!. throwing light upon provision for review