Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-07-05
THE RAILROAD RATE BILL

p~ortation of such property, as Fixed by
the schedules Of rates provided for in
tais act, shall be deemed guilty of a
fraud, which is hereby declared to be
q misdemeanor, and, shall, upon con-
viction thereof in any court of the
United States Of competent jurisdic-
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 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
for a period Of six years prior to the
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,
as the east 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 officer, representa-
tive, or agent of a carrier, or any re-
cetver, trustee, lessee, or agent Of
either of them, who knowingly fails or
ncglects to obey any order made UNI
der the provisions of section is of this
act, shall forfeit to the United States
the sum of $4,000 for each offense.
Every distinct violation shall be a sep
arate offense, and in case Of a continue
ing violation each day shall be deemed
a separate offense.
Provision for Court Review.
The court-review provision Of the
bill is as follows:
If any carrier fails or neglects 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 OWL name, may apply to the circuit
court in the district where such carrier
has its principal operating Office, or in
which the violation or disobedience OF
such order shall happen, for an en-
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
it. 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 a writ Of Injunction, OF
other proper process, mandatory OF
otherwise, to restrain such carrier, Its
officers, agents or representatives, from
further d~isobedience of such order, OF
to enjoin upon 1t, or them, obedience tt
the same; and in the enforcement o.
such process the court shall have thos,
powers ordinarily exercised by it II
compelling obedience to its writs o.
Injunction and mandamus.
From any action upon such petition
on appeal Shall lie by either party tt
the supreme court OF the United States
and in such court the case shall hav,
priority in hearing and determination
over all other causes except crimina
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 annullin,
Of a rate as made by the commission
!. should be brought in the distric
where the carrier against whom sue
order of requirement may have beef
made has its principal Office.
Other provisions of the bill provid
, that the commission shall be empow
, cred to require annual reports from al
COMMON carriers, and providing tina
such reports shall be of the fulles
? character; giving the commission a
all times access to the books of CON
: mon carriers, heavy penalties are en-
Joined for false entries in accounts.
fine of $4,000 or Imprisonment for
term Of two years, or both, is decree
for any examiner who shall wrongl
dlvulge information acquired throug
district courts are to have jurisdictio
to issue writs of mantamus compel
ing common carriers to obey the o.
- ders OF the commission. Bills of lat
ing are to be issued by any commo
carrier accepting goods for transport;
- ton, making railroad companies lab
for loss or damage done in trans
over their or any other line. The con
mission is empowered to employ sp
cial agents or examiners with fu
70 powers.
This act takes effect and is
force from and after its passage.
l. The interstate commerce commissit
ly will consist of seven members, wi
shall draw salaries Of $4,000 per a
~ mum each.
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Explanation.
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