The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-01-04


duced fors the. regulation Of railroads
enc OF the vefy few which are recely-
ing serious consideration is that by Sen
ator Foraker. of Ohio. Somehow It Is
understood that this is the bill which
is most favored by the railroads, and,
therefore, It has handicap at the start.
Any measure which Senator Foraker
proposes must have unusual merit and
be worthy Of particular attention. The
bill begins with charging the powers
Of the Interstate Commerce Commission
bS authority to appoint expert account
ants. who will thoroughly examine the
books. records and transactions Of all
railroads doing an interstate commerce
business. These accountants or book
keepers will have power to administer
oaths and examine all officers and
agents Of such railroads and compel the
production of books. records and pa
pers. The important part Of the bill is
In a proposed amendment to Section 8
OF the act of Feb. 10, 1893, and which
amendment reads as follows:
Section g. That whenever the Inter-
state Commerce Commission shall have
reasonable ground for belief that any
common carrier is engaged In the car
rage OF passengers or freight traffic be-
tween given points at less than the pub
lished rates on file. or fs either singly
ether carriers, publishing and charging
Unjust or unreasonable rates therefor,
or is committing any discriminate
forbidden by law, whether as between
shippers, places, commodities. or other
wise. and whether affected by means Of
rates. rebates, classincati0ns, dffferen-
tials. prefere.tiais. private cars. refrig-
charges. elevator charges. failure to
supply shippers equally with cars, or in
envy other manner whatsoever, IT shall
be its duty. if such carrier or carriers
VIII not. after due notice, desist from
such violation of the law. to Ale with
the Acknowledgement a brief statement
OF its grounds Tor such belief ard the
evidence in support thereof. ard there
upon, under his direction, and in the
name Of the United States. q petition
shall be presented alleging Seeh facts
to the Circuit Court OF the United
States sitting in equity having turisdic-
ton; and when the act complained Of is
alleged to have been eomlaitted or as
being committed in part In more than
one judicial district or Stafe, 1T may
be dealt with, Inquired Of tried and
determined in any one OF such judicial
districts or States, wherenpon IT shall
be the duty Of the court sumnaa Fily to
inquire into the facts and circum-
sta noes upon such notice and ia such
manner as the court shall direct and
without the formal pleadings and pro-
eeedings applicable TO ordinary suits in
equity, and TO make such other persons
or corporations parties thereto as the
court may deem necessary: and upon
being satisfied Of the truth OF the al
at nail hrf
shall enj0in according TO the ground Of
complaint the publishing and charging
of all Of any such rate or rates so conf
planned Of in excess of wifat the court
shall find TO be reasonable and just.
which shall continue to be the lawful
rate as heretofore and now prescribed
by statute; such Injunction to continue
la force during such period as the came
or substantially the same conditions
may continue, as are established by the
evidence in zuch case: or snail enforce
an observance OF the published tariffs
if they are found to be just and reason
able; or direct and require q discontin-
vance Of such Determinations, by such
proper orders, writs and process. as
will. as nearly as may be. secure equal
ity Of right and treatment to ali ship
perS, which said orders, writs. and
process may be enforceable as well
against the parties interested In the
traffic as against the carrier or carriers
complained Of. and ali proceedings
hereunder shall be subject to the right
Of appeal to the Supreme Court as now
provided by the act of Feb IL. 1898, to
expedite the hearings Of suits ia equity;
but such appeal shall not operate to
stay or supersede the order OF the court
or the execution OF any writ Or process
thereon, unless the Circni or Supreme
Court. on application therefor made for
good cause, 80 order. 1t shall be the
duty OF the several District Attorneys
OF the United States. whenever the At
torney-E eneral shall direct. either Of
his own motion Or upon the request OF
the Interstate Commerce Commission,
TO institute and prosecute such pro-
ceedings, and the proceedings provide
for by this act shall be prosecuted at
the cost of the United States or the
railroad company or companies az the
court may adjudge equitable and just.
and such proceedings shall not preclude
the bringing of suit for the recovery Of
ether action provided by said act ap-
proved Feb 4. 1887. entitled An act to
regulate commerce and the acts amen
datory thereof And in proceedings
under this act and the acts to regulate
commerce the said courts shall have
the power to compel the attendance OF
witnesses. both upon the part OF the
carrier and any shipper or shippers who
may be interested. who shall be required
to answer on all subjects relating d.
rcctly or indirectly to the matter in
controversy, and to compel the produc-
ton Of all books and papers, both of
the carrier and the shipper Or ship
pers, which relate directly or indirectly
to such transaction: the claim that such
testimony or evidence may tend to
criminate the person giving such evil
dence shall not excuse such person from
testifying or such corporation produc-
ing it's books and papers, but no person
shall be prosecuted or subjected to any
penalty or forfeiture for Or on account
OF any transaction, matter or thing con-
corning which he may testify or pro-
duce evidence Or information, docu-
mentary or otherwise, in such proceed
iEg.
The next section provides that no
carrier shall by any device, rebate or
pretext charge, demand. collect or re-
ceive from any person a greater or less
rate for ticket than from any other
person. This is qualified SO as to not
prevent the free carriage Of the desti-
tute or INDECENT, the inmates Of hospi-
tails, etc, or reduced rates to ministers
Of religion. ncr shall it prevent the is
sllance Of mileage Or excursion tickets.
Section prohibits the transportation
Of foreign commerce brought into this