The Caucasian. (Clinton, N.C.) 188?-1913, 1906-07-05
EXPLAINS RATE BILL
fads About the Leading Piece
OF Work BY Last Congress
ITS STRONG AND WEAK POINTS
Salient Features Of the Measure
WhiSh Became . Law After
Lengthy Consideration.

Ii L. something of task 10 study
in detail the crate bill" as IL has
become law. Ii may. therefore, be-
useful 10 our readers Ia make a sum
mary of the salient features that
work important changes in the inter-
State commerce Law. The definition
of common carriers includes for the
tirst time express companies and pipe
lines for the transportation Of oil. but
not seelplng ear companies The
definition of a railroad covers all the
appurtenanees connected with tracks
and terminals. and the term "trans-
portation' covers all the instumen-
talities used in receiving, conveying
and delivering persons or property.
including what j. necessary for yenti-
lation, refrigeration. storage, ham
ding, etc. This brings under the law
the so-called private car companies
and elevators. The clause restricting
the use of passes or free transporta-
tipn is new, but it is pretty liberal in
the exceptions made. The provisions
intended to prevent common carriers
from competing Ill production and
| trade III commodities which they
| carry is limited 10 railroad companies
and takes effect OH the first of May,
1908. The main purpose of this,
which was one of the Senate amend
ments, is to divorce the ownership.
| control and operation of coal mines
from the railroads engaged in trans
porting the product. but it applies
ito all other commodities except such
as may be for the use of the railroads
IN their business as common carriers.
Railroads are required to make on
reasonable terms such connection at
shipping points by means of spurs, sid
ngs, etc, as may be reasonably
practicable, where it will result in
'sufficient business to justify the
construction and maintenance of the
same. " Whenever they fail to do
this and complaint is made, the COM
mission after investigation may re-
quire it to be done, and its orders in
the premises may be enforced by the
same proceedings as its other orders.
The provisions regarding the filing
! and posting of schedules OF rates and
charges are fuller and more explicit
than those of the law at present.
They must include all through and
Joint rates, or. where these are not
established, all the separate rates and
charges "applied to through trans
portation.' No change can be made
without a notice of thirty days, ex-
cept that the commission may ''in its
discretion and for good causes
shown" allow changes on shorter
notice or modify the requirements of
the law Sin respect to publishing,
posting and filing tariffs All con-
tracts, agreements or arrangements
between common carriers affecting
their rates or charges must be filed
with the commission, and it may pre-
scribe the form of all schedules. Sim
liar requirements are made regarding
passenger fares. There is a strin-
gent anti-rebate provision, which is
substantially that of the Elkins Act,
but somewhat strengthened. 1t
makes it unlawful for "any person
or persons or corporation to offer,
grant or give, or to solicit, accept or
receive any rebate, concession or dis
elimination III respect to the trans
portation of any property, whereby
such property shall "by any dviee
whatever be transported at a less rate
than that named' in the published
schedules, OF whereby "any other ad-
vantage is given or discrimination
lpracticed. L." The penalty is heavy
fine for each offense, but any person
or any officer, director or agent of a
corporation who shall be convicted
of the offense is made also subject to
Imprisonment. Ample provision j.
made for the enforcement of thi:
clause, and offenders who receive re.
bates or pecuniary advantage are
made liable to forfeit three times the
value of the consideration received IL
proceedings brought on authority Of
the Attorney General.
The section giving the commission
power to prescribe rates has beer
made familiar in the long discussion
of this measure 1t is only necessar,
to recall that where upon complain
and after full hearing the commission
finds that "any of the rates or char
! ges whatsoever demanded, charged o
collected" or any regulation or prac
tice "effecting such rates or trans
portation," are unjust or unreason
able, or unjustly discriminatory o
unduly preferential or prejudieial o
otherwise in violation of any of tn
provisions of this Act" it may "de
termine and prescribe what will b
the Just and reasonable" rates o
charges to be observed as the maxi
: mum, and what practice Is just, fai
|. and reasonable to be thereafter 70
lowed. and may issue an order fo
their observance, which "shall tax
| effect within such reasonable tim
not less than thirty days, and sha
continue in force for such period NJ
, exceeding two years, as shall be pr
| scribed in the order of the comml
. | sion. unless the same shall be sui
| | pended or modified, or set aside
, the commission or be suspended,
set aside by court Of eompetei
jurisdiction. The power TO pr
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