Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-19

''NS SqulpHlenJ ana facilities and tho
charge made for any service rendered
or to be rendered in the transport,.
'lon OF passengers or property or for
any service in connection Herewith
or for the receiving, switching. de,iv.
ering' storing, elevation and transfer
In transit, ventilation, refrIgeration
or icing or handling of such proper.
w. or for union depot or terminal ia.
cilities, shall be reasonable and lust
and every unjust and unreasonable
charge for such service is prohibited
and declared to be unlawful"
These regulations apply equally to
sleeping cars and private companies.
terminals and switching and bridge
companies.
When the commission has made an
investigation of complaint of exces.
sive rates charged, and has ordered
a modification Of the rate, the order
becomes effective at once. The car
rying company may appeal to the cir.
cult court, and secure a hearing, but
In the meantime the commissions 8
rate order remains in effect until
such hearing is completed and the
merits of the appeal are determined
by the court. This point is covered
by the following section:
Section 31--All rates. fares.
charges. classifcations and Joint
rates fixed by the commission shall
be In force and shall be prlma facie
lawful. and all regulations, practices
and service prescribed by the COM
mission shall be in force and shall be
prima facie reasonable, until finally
found otherwise in an action brought
for that purpose pursuant to the pro-
visions of the next succeeding sec.
tion Of this act -,
Interchange of Traffic.
Provisions of the law cover the en-.
forcement Of the interchange Of traf-
hc between railroads, adjustment Of
contests over grade crossings, secur-
ing adequate and suitable depot and
tracks (sectlon 22) and the connec.
tion of intersection lines, the protec-
tlon of grade crossings, the report
and investigation Of accidents AMI
claims against the roads, and the
uniform classification OF freight on
all railroads within the state.
Full power is given for investigc-
tion and determination of reason
able rates, fares. charges and classi.
fcatlons, and prescribing reasonable
regulations and practices, also equip
ment. The commissions orders have
become themselves effective. Joint
routes may be created, and the
charges apportioned between the car.
rIers, II need be. Rates, charges ard
practices not specifically designated
are covered generally and the com.
may regulate 20 prevent un.
reasonableness and unjust discrimi-
alton.
Judicial Review.
Judicial review Of the proceedings
Of the commission is 10 be had by
direct action commenced in the cir.
ruit court on complaint Of the ag'
grIeved party, with a speedy trial ir-
sared and right OF appeal reserved.
Il is provided that injunction shall
not issue suspending an order OF the
except upon notice AMI
hearing. All actions brought under
ms section shall have precedence
over any civil cause Of different ma
ture pending In said court. and iho
rrcuit court shall always be deemed
ppen for the trial thereof and the
.ame shall be tried and determined |
A. other civil actions.
In all trials under this sectlo l aid |
sections ss. "a and s5 hereof the
Jr.den OF proof shall be upon the !
"A ugffa. i