The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-23
Senator KnOx's Long Expected
Rate Bill Introduced.
It Is Given Most Unusual Con-
sideratiOn by the Senate.
PROVIDES FOR REVIEW
lny Decision of Commerce Com.
mission May Be Taken to Court.
Gossip and Matters of Interest
in railroad Circles.

Washington. Feb. 2S.-Mr. Knox
much discussed and long expected rail-
road rate bill was introduced in the
senate yesterday and because of the *
ceptional interest taken in it, vas ac-
corded the unusual privilege of a read
ing at length for the information OF
senators on the day of Introduction
Close attention was given 10 the read
ing OF the bill. In a brief statement Mr..
Knox said that he did not hope to have
the committee on interstate commerce
do more than consider the bill as aE-
fording light on the question of court
review Of the findings Of the interstate
commerce commission.
The bill provides that all acts of con-
gress and the provisions of this bill re-
lating to interstate comm cree shall ex-
tend TO all common carriers engaged in
commerce to which the regulative power
of congress extends under the cOnStttu-
ton Of the United States by the trans
portatiOn of persons or property wholly
by railroad or by the transporta ton OF
persons or property partly by railway
and party by water when both are used
for a continuous carriage or shipment
Said provisions shall also extend to all
the facilities and instrumentalities con-
nected Herewith to which the regula-
tive power of congress extends whether
owned or provided by the carrier or
not"
It provides that all charges of what
ever nature shall be just and reason
able. When a rate is unreasonable the
commission shall Greer it reduced and
when reduced such reduced rate shall
be the maximum to be observed by the
carrier and when the commission shall
order a practice to be changed Its order
shall be observed by the carrier
The review provision Is as follows
mission. except orders for the payment or
the money, shall take effect within such
reasonable time as shall be prescribed by
the commission, and shaH continue lof
such period of time, not exceeding two
years, as shall be prescribed in the order
of the commission. unless sooner set aslus
by the commission or suspended or set
aside by order of a court in a suit to test
the lawfulness of said order; but any car
rier. person or corporation party TO the
proceedings affected by the decision or
the commission a s to the rate OF practice
covering by the complaint or by its order
prescribing a different rate or practice
and alleging either or both to be in yio-
lation of its or his rights may institute
proceedings against the complainant and
the interstate commerce commission IN
the circuit court of the United states in
the district which any portion Of the car
rier or carriers that were parties to the
COMPLAINT may be located. sitting as a
court of equity. to have such questions
determined. but In no other way shall the
lavfulness of such order be questioned ana
in all such proceedings the court shall
appearance of parties from any part OF
the United States and the existing laws
under the acts to regulate commerce shall
be applicable. Provided, however, that no
order of the commissioner requiring
rate shall be set aside or suspended by
an tnteriocutory decree of the court with
out requiring a deposit Of excess charges
or sufficient bond to secure to the parties
entitled thereto the repayment II the COM
nissioners order IS sustained, of all mon
evs received by the carrier in excess OF
the rate fixed by the commission and the
court shall determine in such interlocus
tory decree what practices shall be pur-
sued by the parties. pending the litga-
ton. in order TO make this right Of repay
ment certain and effective"
Another section relating to appeals fol-
lows
-':Section 8 That in all proceedings arfs-
ing under this act in which the United
States or the interstate commerce com
mission is a party. an appeal from the
final decree of the circuit court shall lie
only to the supreme court and must be
taken within 80 days from the entry
thereof No appeal shall operate as a
stay of supersedeas OF the decree appeal
ed from.
Provision IS made in the bill empower
ing the commission to establish through
rates to and from points between which
through rates are not maintained by the
/ railroads complained Of Where parties
to Joint rate failed to agree as to the
I appointment the commission is given the
power to make the division between the
carriers