Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-05-24
TEXT OF RATE BILL AS PASSED BY u. S. SENATE.

nIeul OF uINI-Ioal Thereof, tue cOnllu.5zlon
MAY, after hearing, mane d suppl inen.ai
o.uer prescil0lng thai JUS anu reaso.i-
arIe pfopOrtIon OF sucn Jont rate 10
DC received by each carrier parry thereto,
wnlcn oruer snaiI take enect as a part o.
inc orlg.na oruer.
Al commission may also, after near
ing on a coInpiainl, Establish Though
luutes and 1oiiit Rates as the am
10 De cnafged N prescribe The DIVISION
OF Suen ratSS as nvrlnDelore protlued,
and the terms and conditions uildet
which such throusn routes shan be op-
Grated, wnen ina may DE Necessary 20
give effect 10 any pro vision or this act,
anu the carriers coilpiaIHed OF nave re-
FUSED or Neglected. To Voluntarily estap-
llsh such Though routes ana JOINT rates,
provided no reasonable or satisfactory
through route exists, AID his provision
snail apply when one OF the connecting
carriers Is a water line.
II the owner OF property transported
under this act directly or indirectly rem
uers any service connected with such
transportation or fuInisns any instru-
mentality u4ed therein, the charge n
allowance therefor shall be no more than
is Just ana reasonable, and the commits
sloh may, after hearing on a complaint,
determine what is a reasonable ehaige as
the maximum to be paid by the carrier
or carriers Tor the service so rendered or
for the use OF the instrumsntailty so 1ur-
nlShed, and fix the same by appropriate
order, which order shall have the sarne
force ana effect and be enforced IN Ike
manner as the orders above provided Tor
in this section,
The fore going enumeration of powers
shall not exclude any power which the
commission would otherwise have in the
making Of an order under the provisions
Gives Rules of Enforcement.
Sec. 5. That section 16 of said act,
as amended March 2, 1889, be amended
so as to read as follows:
If a carrier does not comply with an
order for the payment of money within
the time Init in such order, the com,
plainant, or any person for whose benett
such order was made, may file in the
circuit court of the United States for the
district in which he resides OF which is
located the principal operating office of
the carrier, or through which the road Of
the carrier runs, a petition setting forth
briefly the causes for winch he Claims
damages, and he order of the comm s.
sion III the premises.
Such suit shall proceed In all respects
like other civil suits for damages, except
that on the trial of such suit the findings
and order of the commission shall be
prima facie evidence of the facts therein
stated and except that the petitioner
shall not be liable for costs in the cir
quent stage of the proceedings unless
they accrue upon his appeal. LIZ the petl-
toner shall finally prevail he shall be
allowed a reasonable attorneys fees, to
be taxed Il collected as a part of the
costs OF the suit.
All complaints for the recovery of
damages shall be filed with the commits
sion within two years from the time the
cause of action accrues, and not after,
and a petition for the enforcement of an
order for the payment of money shall be
filed in the circuit court within one year
from the date of the order. and not after.
Provided, that accrued claims may be
presented within one year.
to Writ of Court.
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 there
by, or the commission in it's own name.
may apply to the circuit court In the DIS,
trict where such carrier has it's plnelpal
operating office, or in which the violation
or disobedience of such order shall hap
pen. for an enforcement of such order.
Such application shall be by petition,
which shall state the substance or the
order and the respect in which the car
rier 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.
If, upon such hearing as the court may
that the order was lawfully made and
duly served, and that the carrier is in dis
obedience of the same, the court shall
enforce obedience to such order by a
writ of Injunction or other proper pro-
cess, mandatory or otherwise, to re-
strain such carrier, its officers, agents
or representatives from further disobe-
dience of such order, or to en1oin upon
it or them enforcement of such process
the court shall have those powers ordi-
nariIy exercised by it in compelling ODE
! dience to its writs of injunction and
manda1nus.
Appeal to Highest Tribunal.
From any action upon such petition an
appeai 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 cases except criminal causes, but
such appeal shall not vacate or suspend
the order appealed from. +,
The venue of suits brought in any OF
the circuit courts Of the United states
against the commission to enloin. set
aside. annul or suspend any order or re-
quirement Of the commission shall be IN
the district where the carrier against
whom such order or requirement may
have been made has its principal opera
ing office and may be brought at II
time after such order is promulgated.
And if the order or requirement has been
made against two CT more carriers. then
in the district where II one of SAID
carriers has its principal operating Of
flee; and if the carrier has its principal
operating office in the District of Column
bia, then the venue shall be in the dis
trict where said carrier has its principal
office. and jurisdiction to bear ana De,
termine such suits is hereby vested in
such courts.
Use OF injunction Restricted.
1t shall be the duty of the attorney
general in every such case Of lille the
certificate provided for in said expedit-
ing act OF Fbrlary ], 1908, as necessary
to the application of the provisions there
of, and upon appeal as therein author,
lied to the supreme court of the United
States, the case shall have in SUCH court
priority in hearing and determination
over all other causes except criminal
causes. '
Provided, that no injunction, interlocu-
tory order or decree s~uspending of re-
straining the enforcement Of an order OF
the commission shall be granted except
on hearing after not less than five days
notice to the commission. An appeal may
be taken from any interlocutory order
or decree granting or continuing an in
junction in any suit, but shall lie only
to the supreme court of the United
States.
Sec. 6. That a new section be added
to said act Immediately after section
16, to be numbered 16A, as follows:
Section 16A. That after q decision, or
der OF requirement has been made by the
commission in any proceeding, any par
ty thereto may at any time make appll-
cation for rehearing of the same or any
matter determined therein, and it shall
be lawful for the commission IN Its dis
erection to grant such a rehearing II suf-
icient reason therefor be made to ap.
pear.
Applications for rehearing shall be
governed by such general rules as tht
commission may establish. No such APP
complying with or obeying any decision
order or requirement of the commission