Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-07-06
Miseellaueuus 8eadins.
THE RATE BILL.

Salient Features of the Measure Which
Became a Law After Lengthy Con-
sideration.
1t is something of a task to study in
detail the rate bilr' as 1t Is to be-
come law, which was printed in full in
our columns yesterday. 1t may, there
fore be useful to our readers to make a
summary of the salient features that
work important changes in the inter-
state commerce law. The definition
Of common carriers includes for the
first time express companies and pipe
lines for the transportation Of oil, but
not sleeping car companies. The def
milton Of a railroad covers all the ap-
purtenances connected with tracks and
terminals, and the term "transporta-
tom covers all the instrumentalities
used in receiving, conveying and de-
!ivering persons or property, including
what is necessary for ventilation, re-
frigers.tion. storage. handling. etc.
This brings under the law the So called
private car companies and elevators.
The clause restricting the use Of pass
es or free transportation Is new. but 1t
Is pretty liberal in the exceptions made.
The provision intended to prevent COM
mon carrier from competing In pro-
duction and trade In commodities which
they carry Is limited to railroad COM
panies and takes effect on the first Of
May, 1908. The main purpose Of this.
which was one Of the senate amend
nents, Is to divorce the ownership, con-
troll and operation Of coal mines from
the railroads engaged in transporting
the product, but II applies to all other
commodities except such as may be for
the use Of the railroads In their busi-
ness as common carriers. Railroads are
required to make on reasonable terms
such connections at shipping points
by means Of spurs, sidings ETC., as may
be REASONABLY practicable" where 1t
will result In sufficient business to
Justify the construction and mainte-
nance of the same" Whenever they
fail to do this and complaint Is made,
the commission after investigation may
require 1t to be done, and its orders
In the premises may be enforced by
thel same proceedings as its other or
derS.
The provisions regarding the filing
and posting Of schedules Of rates and
charges are fuller and more explicit
than those Of the law at present. They
must include all through and joint
rates, or, where they are not establish
ed, al the separate rates and charges
"applied to through transportation"
No change can be made without no
tice Of thirty days, except that the
commission may "in its discretion and
for good cause shown" allow changes
ont shorter notice or modify the re-
quiPements Of the law "in respect to
publishing, posting and filing tariffs."
All contracts, agreements or arrange
ments between common carriers affect
ing their rates or charges, must be
filed with the commission, and 1t may
prescribe the form Of all schedules.
Similar requirements are made re-
garding passenger fares. There Is
stringent anti-rebate provision
which Is substantially that OF the
Elkins act, but somewhat strength
aned. 1t makes 1t unlawful for ANY
person or persons or corporation to Of
fer. grant or give, or to solicit, accept
or receive any rebate, concession or
discrimination In respect to the trans
portation Of any property" whereby
such property shall "by any device
whatever be transported at a less rate
than that named" in the published
schedules, or whereby "any other ad-
vantage Is given or discrimination
Dracticed" The penalty Is a heavy
fine for each offense, but any person or
any officer, director or agent OF a cor
poration who shall be convicted OF the
offe nse is made also subject to impris-
ment. Ample provision is made for the
- IL md d.
ers who receive rebates or pecuniary
advantage are made liable to forfeit
three times the value Of the considera-
tion received in proceedings brought
on authority Of the attorney general.
The section giving the commission
power to prescribe rates has been made
familiar in the long discussion Of this
measure. 1t Is only necessary to recall
that whore upon complaint and after
full hearing the commission finds that
"any Of the rates or charges whatso-
ever demanded, charged or collected.
or any regulation in practice, affecting
such rates or transportation" are "un-
Just or unreasonable or unjustly dis
criminatory CIR unduly preferential or
prejudcial or otherwise in violation OF
any Of the provisions Of this act,' II
may determined and prescribe what
or charges to be observed as the
maximum, and what practice is just,
and reasonable to be thereafter follow
ed and may issue IN order for their
observance. which shall take effect
within such reasonable time, not less
than thirty days, AMI shall continue in
force for such period not exceeding two
years, as shall be prescribed in the Or
der of the commission, unless the sama
shall be suspended Or modified, or set
aside by the commission or be suS-
pended, or set aside by a court or
competent Jurisdiction" The power to
prescribe rates extends to through and
ioi1t rates where the carriers have
failed to agree upon them and COM
plaint Is made. Elaborate provision Is
made for enforcing the orders Of the
commission, by prosecutions for fall
ure to comply with the requirements
of the law and for fOrfeitures and PEN
alties. incidentally In designating the
venue for suits against the commission
to "enjoin, set aside annul or suspend
any order requireme mt Of the commis-
sion" jurisdiction for such suits Is
specifically vested In the circuit courts
Of the United States. This Is point
which provoked suc1 a ponderous ana
prolonged debate in the senate. The
UTONlSlOTS Vi llle OaHleI dSl loi SApS
diti1g "the hearing and determination
Of suit in equity and so forth Is MADE
applicable with some further specifica-
tions, and here the proviso over which
o much contention was made Is In
'erposed that no injunction or inter
Ocutory order or decree suspending or
restraining the enforcement OF an or
der of the commission shall be granted
except on hearing after not less than
five days notice to the commission.
The other important provisions are
those relating to annual reports to the
commission the details Of which are
fully prescribed, giving the commission
power in its discretion to prescribe
forms for all accounts, records and
memoranda to be kept by the carriers
subject to the act, including those re-
lating to the movement OF traft1c, as
we'll as receipts and expenditures, and
enlarging the commission to seven
members with seven-year terms and
increasing salaries to $4,000 year.
There Is no doubt that this bill has
greatly strengthened and improved the
interstate commerce law. How the
provision giving the commission power
to prescribe rates will work can only
be determined by experience. Proba-
bly, the only effect ii will have will be
to put the carriers on their guard ana
induce them to take pains with their
schedules to avoid conflict with the
authority of the commission. The
commission may also be cautious about
conflict over rates, but II there should
ha lot