Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1906-05-26

| mat any Oh the rates or charges Wnatso
| ever den dEded, charged or collected BY
| any common carrier or carriers, subject
| 10 the provisions OF this act for the
| transportation Of persons or property as
| utlned In the first section Of this act OF
lhat any regulations or practices what
| S"cNed OF Such carrier or carriers affect
| ing such rates, are unjust or unreason-
dble or unlustly discriminatory or un-
duly preferential or prejudiciai, or other
wise IN violation of any of the provisions
OF thls act, to determine and prescribe
| what Will be the lust and reasonable rate
or rates, charge or charges to be there
atter observed in such case as the max
| mum 10 be charged and what regulation
| or practice In respect to such transporta-
| toh Is Just, fair and reasonable TO be
| thereafter followed; and to make an or
| der that carrier shall cease and desist
| from such violation, to the extent to
| Wnich the commission find the same ia
| exist and shall not thereafter pubish
| demand or collect any rate or charge for
| such transportation in excess of the max
| lmum rate or charge so prescribed, and
shall conform to the regulation or prac-
| tlce so prescribed, all orders of the com
mission, except orders for the payment of
| money shall take effect within such rea-
4 sonable time not less than thirty DAYS,
and shall continue in force for such Pc
! riod OF time. not exceeding two years, as
| shau he prescribed In the order OF the
| commission, unless the same shall be
! suspended or modified or set aside by the
| commission or be suspended or set aside
py court or competent jurisdiction.
! Way AppOrtIOn Joint Rates.
! whenever the carrier or carriers, in
| obedience TO such order Of the commits
SION, or otherwise, in respect TO Joint
! rates. Idres or charges, shall fail to agree
among themselves upon the apporuon-
| ment or division thereof, the commission
| may, after hearing, make supplemental
| otuer prescribing that Just ana reason
auie proportion OF SuCn joint rate to
be received by each carrier party thereto
| NhlCh Oruer SHAH take eneCI as a part Oi
thu original order.
The commission may also, after hear
llS on complaint, establish through
routes ana JOINT rates as the maximum
70 be charged and prescribe the division
Oh suCh rates rs herlnbetOre provided
ana the terms and conditions under
which such through routes shall be op-
Grated when that may be necl ssary 10
| give effect to any provision OF this act,
ana the carriers complained Of have re
! FUSED or neglected to Voluntarily estab-
hsh such through routes and Joint rates,
provided no reasonable or satisfactory
lHlOuBh route exists, and this provision
ahdli apply when one of the connecting
carriers is "a water line.
II the owner Of property transported
under this act directly or indirectly rem
ders any service connected with such
transportation or turnlShs any instru-
mentality used therein the charge and
allowance therefor shall be no more than
Is Just and reasonable, and the commits
SION may, after hearing on a complaint,
determine what Is d reasonable charge as
the maximum to be paid by the carrier
or carriers for the service 50 rendered or
Tor the use of the instrumentality so fur
nlShed, and fix the same by appropriate
order, which order shall have the same
force and effect and be enforced in like
manner as the orders above provided for
in this section.
The foregoing 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 Endorsements.
Sec. 5. That section l6 Of said act,
as amended March 2, 1889, be amended
80 as to read as follows:
II a carrier does not comply with an
order for the payment of money within
the time limit in such order, the COM
plalnant, or any person for whose benefit
such order was made, may file in the
circuit court OF the United States for the
district in which he resides or 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 which he claims
damages, and she order of the commIs-
sion in the premises.
Such suit shall proceed in all respects
Ike other civil suits for damages, except
that on the trial of such suit the findings
and Oruer of the commission shall be
prima tacie evidence of the facts therein
sGoiI not ba ii4hfe fot. cost Il, ti1o o.,
rrjt court nor for costs af anv eubsa-
quent stage of the proceedings unless
they accrue upon his appeal If the petit
toner shall finally prevail he shall be
allowed n rpasonabIe attornev,s fees IN
he taxed and collected as n mart 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
6led In the circuit court within one wear
from the date Of the order, and not after
Provided. that accrued claims may be
presented within one year
Recourse to Writ of Court.
II 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 its own name, !
may apply to the circuit court in the dis
triCt where such carrier has It's pinCpal
operating office or I'm which the violation |
or dlsobedience of such order shall hap |
pen, for an enforcement of such order |
Such application shall be by petition, !
which shall state the substance OF the |
order and the respect in which the car |
rier has failed of obedience, and snail be |
served unOn 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, |
Appeal to Highest Tribunal.
From any action upon such petition an |
appeal shall lie by either party to the |
supreme court of the United States, ana |
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 |
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
time after such order is promulgated.
Ad II [ng otofp Two OF or more Carriers @S then
in the district where any one of said
carriers has It's prlnclpal operating OF
nee ana II the carrier nas us PiIhTlpal rlIip
operating oIhce III the DiS'llCt ol Soi9in- 5In
pa llSh the venue sIa,. ue III LIZ w sI u,SI
trlCt whers salu EaIIler mas Is PIN hc'pa' pa
othce, ana lurlsGicVioit 10 iedr anu ue-
termlhe such SUITS ID heIepS Nesteu III
such courts; ,, p...-t..
Use OF ihl hlu"c,,o" ,'',' nest'i'ae". ,tlltt,.
- ~ ,.or,g smc6 caaa ~ eio tha |
s.ia seleaal III r,,,i4o6 Sor i~ said exnodito
CerIlI'Ca'e IIEtr,n.t, ,o0q os rocas.ory
lh6 aCt " = " U" f ~ nr'o,isis ,hero
70 'ile 9PpI,Ca P on,oal nc tberSjU ontbor-
Gd anu no ~, blos s,,nrep,e conrt of the ITnited
ined a,. " te ime 80 "u ohou bava in such court
sat-, ora,rs, Wv i, booring and DISCRIMINATION
priority, III neui ms u''u ~, tt,
ovvr an o'"e' N"'''' ''0'p' N'''''''''-
CAUSES; D.;,,s ,ha. ro i,i,potjor irterIocu-