Audubon County journal. (Exira, Iowa) 1884-1993, 1906-05-24
RATE BILL IS PASSED
ALL VOTE FOR 1T EXCEPT FOR.
AKER, MORGAN AND PETTUs.

AkER, MORGAN AND PETTUs.
Il Permits the Interstate Commerce
Commission to Determine and Fix
Reasonable Rates-Words In Its
Judgment" eliminated.
Washington, May 19.-After seventy
days of almost continuous delibera.
ton, the senate passed the railroad
rate bill by the practically unanimous
vote of II to 3. The three negative
votes were cast by Senators Foraker
| (Rep., o. and Morgan and Pettus
| ,(Dem, AlaD. The bill has received
more attention from the senate and
from the country at large than any
measure that has been before con.
| gress since the repeal of the purchas.
| ing clause of the Sherman act, in 1893
The debate has at all times been
earnest and animated, but for the
most part devoid of personality as be.
tween senators, the past few days,
however, having called out some
caustic criticisms of the president by
Senators Bailey, Tillman and Rayner.
In addition to passing the bill, the
proceedings consisted in concluding
the consideration of the amendments
as such and the delivery of number
of speeches on the bill. The only
amendment adopted was the one of.
fered by Senator Teller, eliminating
the words Gin it's judgment" from the
power given to the interstate com.
merce commission to fix rates.
Provisions of Rate Bill.
The principal purpose of the rail-
road rate bill is to permit the inter.
state commerce commission to fix
rates. The provision to permit this
authority is found in the fourth sec
ton of the bill, which amends section
Is of the interstate commerce law SO
as to accomplish this result. That
section directs the commission to in.
vest1gate complaints of unjust and I'm.
reasonable charges on the part of the
common carriers in the transportation
of persons or property Or of regula,
lions or of practices affecting such
charges. 1t also authorizes an In.
quiry as to whether the rates or prac-
tees are "unjustly discriminatory or
unduly preferential or prejudlcial or
otherwise in violation of the act" and
in case any of these conditions are
found to exist the commission is EN-.
powered to determine and prescribe
what will be the just and reasonable
maximum rate and what regulation or
practice is just, reasonable and fair
Further authority Is given the commits.
sion to enforce its orders and they
are to go into effect within thirty
days and continue in force for two
years. unless suspended, modified or
set aside by the commission or by q
court OF competent jurisdiction. 9th.
er powers conferred by this section
are: To apportion joint fares, estab.
llsh through routes and maximum
joint rates and prescribe their division.
Section 16 of the present law is so
changed as to provide for an award of
| pecuniary damages to compliments
] found entitled and in case payment is
not promptly made in accordance with
this award the beneficiary is author.
ICED to file suit in a United States cir.
cult court to compel compliance. The
finding of the commission is to be re.
| ceived as prima facie evidence Of the
facts in such suits and the petitioner
is absolved from all liability for costs.
Another provision renders legal the
service of the orders of the commits.
sion through the mails and provides
that these orders shall take effect
thirty days after service, unless sus.
pended or modified by the commission
Or suspended or set aside by the
courts. A penalty of $4,000 for each
offense in disobedience of the order is
imposed, and the penalty is to accu-
mulate at the rate of $4,000 day in
case OF continuous violation. Orders
other than those for money payments
are to be enforced by the federal
courts through writs of mandamus or
injunction, and in case of appeal to
the supreme court these cases are to
be given precedence over all others,
except those of a criminal character.
Senate Amendments.
The bill was amended by the senate
SO as to give the United States cir.
cult courts jurisdiction to entertain
suits brought to annul or change the
orders of the commission and to pro-
vide against the granting of inter
locutory DEGREES without hearing and
making appeals from such orders di.
rect to the supreme court.
| Senate amendments include oil pipe
lines, express companies and shipping
car companies under the head of com.
mon carriers, and make them amenable
to the requirements OF the bill. Other
senate notifications prohibit the issu.
ance of passes or the granting of spe-
cial favors to one class of passengers
over another prohibiting railroad com.
panies from transporting commodities
produced by themselves; require such