The Carlisle independent., 1906-07-05
RATE
<AIl SAvrD ..1

. G XAA sum ot money other valuable consideration, as te or onset against the regulal 'es TOT trdns- portation of such D y' as nAeu py the schedules of ra roVlued TOT III this act, shall be da gulity oI 1 fraud, which is here eiafed lo oe misdemeanor, and, upon coh- 1 viction thereof in an |co1rf S41..Ih Ihe | United States of comp ent jurisdics ton within the district Where such of- fense was committed, in addition to any other penalties pe vided by this act, be subjected to q 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 or accepted, to be ascertained by the trial court; and in the trial for such offense, all such rebates or other considerations so received or accepted 1 for period of six years prior to the 1 commencement of the action may be | considered, and the said fine shall be | three times the total amount of money or three times the total value of such considerations so received or accepted, | aG the case may be: Provided, that the i 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 officer, representa- tive, or agent of carrier, or any re- l ceiyer, trustee, lessee, or agent of either of them, who knowingly tails or neglects to obey any order made un- der the provisions of section 15 of this act, shall forfeit to the United States the sum of S5,000 for each oifense. Every distinct violation shall be sep arate offense, and in case of continu- ias violation each day shall be deemed a separate offense.
 Provision for Court Review.
 The eourt-review provision of the bill is as follows:
 If any carrier fails or negIects to obey any order of the commission, other than for the payment of money, while the same is in effect, any party injured thereby, or the commission in its own name, may apply to the circuit l court 5n the district where such carrier has it's principal operating office or in which the violation or disobedience of such order shall happen, for an en- foreement of such order. Such appliea- tion shall be by petition, which shall state the substance of the order and the respect in which the carrier has Iaile6 of obedience, and shall be served upon the carrier in such manner as the ocGTt may direct, and the court shall prosecute such inquiries and make such Investigations, through such means as i. shall deem needful in the ascertain ment of the facts at issue or which nay arise upon the hearing of such petition. If, upon such hearing as the court may determine to be necessary, 1t 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 sucn 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 it, or them obedience to the same; and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience to it's 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 Tot 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- 6I0u lO require lIOul all common carriers, and providing that such reports shall be of the fullest character; giving the commission at all times access to the books of com mon carriers, heavy penalties are en- joined for false entries in accounts. A fine Of s5,000 or Imprisonment for a term of two years, or both, is decreeG for any examiner who shall wrongly divulge information acquired through examinations of accounts. Circuit and district courts are to have jurisdiction to issue writs of mandamus compell- ing common carriers to obey the or ders ot the commission. Bills of lad ing are to be issued by any common carrier accepting goods for transporta- tion, making railroad companies liable for loss or damage done in transit over their or any other line. The con- mission is empowered to employ spe- : cial agents or examiners with full powers.
 This act takes effect and is in force from and after its passage. The interstate commerce commission will consist of seven members, whc shall draw salaries of S10,0 per an- nun each.
 r"ssVs -s~0N-ss-~QN-.s-~1r~.'
 Explanation.