The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-19
Gives the Interstate Commission
Right TO Fix Rates
ALSO AUTHORIZES INQUIRY
Oil Pipe Lines, Express Companies
and Shipping Car Companies Are
Defined In the Bill as
Common Carriers.

Washington, May 1S.-The principal pur-
pose of the railroad rate bill passed today
Is TO permit the interstate commerce
commission to fix rates. The provision
comforting this authority is found in the
fourth section of the bill which amends
section 10 of the interstate commerce law,
SO as to accomplish this result. That
section directs the commission TO investi-
gate complains of unjust and unreasona bic
charges on the part of the common car
riers in the transportation of persons or
property, or of regulations or of prac-
tices affecting such charges. 1t also au-
thorizes an inquiry as to whether the
rates or practices are unjustly discrimi-
natory unduly preferential or prejudi-
cial, or otherwise in violation of the act,
and in case any of these conditions are
found to exist the commission is EN-
powered to determine and prescribe what
will be the just and reasonable maximum
rates, and what regulation or practice is
just, reasonable and fair. Further au-
thority is given the commission to en-
force it's orders, and they are to go into
effect within thirty days, and continue in
force for two years. unless suspended,
modified or set aside by the commission,
of by court of competent jurisdiction.
Other powers conferred by this section
are:
To apportion joint facts, establish
through rates and maximum joint rates,
and prescribe their division, and to de-
tar ha
shippers doing service for carriers.
Section 16.
Section 16 of the present law is so
changed as to provide for an award of pc
cuniary damages to tSmplainants found
entitled, and in case payment Is not
promptly made in accordance with this
award, the beneficiary is authorized to
file suit in a United States circuit court
to compel compliance The finding of the
commission is to be received as prima-
facie of the facts in such SUITS and the
petitioner is absolved from all liability
for COSTS
Another provision renders legal the SER
vice of the orders of the commission
through the mails, and provides that these
shall take effect thirty days after service
unless suspended, or modified by the COM
mission, or suspended or set aside by the
courts. A penalty of $4,000 for each Of
fense in disobedience of the order is i'm
posed, and the penalty is to accumulate
at the rate of $4,000 a day in case of con-
tinuous violation. Orders other than those
for money payments are to be enforced by
the federal courts through writs of MAJ
damus, or injunction, and in case of ap-
peal to the supreme court, these cases are
to be given precedence over all others
except those of a certain charater.
Bill Amended.
The bill was amended by the Senate so
as to give the United States circuit
courts jurisdiction to entertain suits
brought to annul or change the orders
of the commission, and to provide against
the granting of interlocutory DEGREES
without hearings. and making appeals
from such orders direct to the supreme
court.
Other provisions extend the definition of
the word railroads to make 1t in
clude switches, spur tracks, terminal
facilities, freight depots, yards and
grounds, and defines the word "transpor-
tation" as to make it embrace cars and
other facilities for shipment for carriage
irrespective of ownership or of any con-
tract" the intention being to make the
railroads responsible for all special car
service. 1t is made the duty of carriers
to furnish special car service upon
sonable request.
Common Carriers Defined.
Senate amendments include oil pipe
lines. express companies and shipping car
companies under the head of common
carriers" make them amenable to the
requirements of the bill. Other Senate
notifications prohibit the issuance of
passes, or the granting of special favors
to one class of passengers over another,
prohibiting railroad companies from trans
porting commodities produced by them
selves require such companies to put
in switches at the reasonable request of
shippers; prohibits the granting or ac-
ceptance of rebates. and reinstate the
Imprisonment penalty for violation of the
law.
There are also changes in the law rela-
tive to the reports to be required of
commerce carriers. and a penalty of 800
a day Is imposed for failure to comply
with the report requirements.
The commission is given access to the
accounts of the companies affected by
the act but examiners are forbidden un-
der penalty of heavy fine and long i'm
prisonment from divulging the facts as
certained. Fines of $500 for each failure
to keep accounts is provided A falsiffca-
ton of accounts is made punishable by
fine and imprisonment.
Circuit and district courts of the United
States are given jurisdiction over all COM
plants of the commission of failure to
comply with its orders. and such courts
are required to issue writs of mandamus
compelling such compliance.