Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-05-24

is to permit the interstate commerce COM
mission to fix rates. The provision con-
ferring this authority is found in the
fourth section of the bill, which amends
section ID Of the interstate commerce law
so as to accomplish that result. That sec
ton directs the commission to investigate
complaints Of unjust and unreasonable
charges on the part Of common carriers
in the transportation of persons or prop
erty or Of regulations or of practices af-
fecting such charges. It also authorizes
an inquiry as to whether the rates or prac-
ticos are 'njustly discriminatory or IN
duly preferential or pre- judicial or other
wise in violation of the act" and in case
any of these conditions are found to exist
the commission is empowered to determine
ana prescribe what Will he the Just and
reasonable maximum rate and what rcgu-
lation or practice is just reasonable and
fair Further. authority is given the COM
mission to enforce its orders and they are
to go into effect within thirty days and
continue in force for two years unless sus-
pended, modified or set aside by the COM
mission or by a court of competent iuris-
diction. Other powers conferred BY this
! section are: To apportion Joint fares
establish routes and maximum Joint rates
and prescribe their divisions and to de-
termine the compensation to Q be maid
to shippers doing service for carriers
section 10 of The present law Is so
changed as to provide for an award OF
pecuniary damages to complanants found
entitled. and in case payment is not
promptly made in accordance with this
award the beneficiary is authorized to
Tile suit in an United States circuit court
to compel compliance. The finding OF the
commission Is to he received as prima
facie evidence Of he facts in such suits
and the petitioner IS absolved from all
liability for costs Another provision rem
ders legal the service Of the orders of the
commission through the mails and pro-
vides that these orders shall take effect
30 days after service unless suspended or
set aside by the courts, A penalty of
5000 for each offerse in disobedience Of
the order is imposed and the penalty is to
accumulate at the rate OF $500 day in
case of continuous violation. Orders other
than those for money payments are to be
enforced by the federal courts through
writs Of mandamus or injunction and in
case of appeal to the supreme court. these
cases are to be given precedence over all
others except those of criminal char
acter.
THE SENATE AMENDMENTS.
The bill was amended by the Senate rs
to give the United 81 ties courts iurisdic-
| ton to entertain suits brought to annul
or change the orders of the commission
and also to provide against the granting
of interlocutorY dccroos without hearings
and making appeals from such orders d.
rect to the supreme court.
| Other provisio,ls extend the definition
! of the word railroad So as to make It
| include switches spurs. tracks. terminal
facilities, freight depots, yards and
grounds, and defines the word "transporta-
/ ton" so as to make It embrace cars and
other facilities for shipment or carriage
! "irrespeCtive of ownership or of any CON
| tract" the intention being TO make tn.
railroads responsible for all special car
service 1t is made tho duty of carriers tc
furnish special car service on reasonable
request.
M'Nr' 'oM MoN 'AHhihhH'
Senate amendments include oil nine
lines, express companics and sleeping
car companies under he head of .com.
| mon carriers" and make them amenable
10 the reouirenoa,,s ~ the hill othe,
Senate notifications prohibit the issuance