The Montgomery advertiser., 1906-05-19
MEANING OF BILL
EXPLANATION OF RATE REGULA-
 tTION MEASURE.
Its Prime object is to Permit the Inter state Commerce Commission to
 Fix Tariffs that May Be ChaPwed.

Washington, May 18.--The principal purpose of the railroad rate bill passed today is to permit the Interstate Com merce Commission to fix rates. The provision comforting this authority IS found in the fourth section of the bill, which amends Section 15 of the Inter state Commerce law SC. as to accomplish this result. That sectian directs the Commission to investigate complaints of unjust 4and unreasonable charges on the part of the common carriers in the transportation of persons or property or of regulations or of practices anect- ing such charges.
 It also authorizes an inquiry as to whether the rates or practices are un- justly discriminatory or unduly prefer ential or prejudicial or otherwise in violation of the act and in case any of these conditions are found to exist the Commission is empowered to determine and prescribe what will be the just and reasonable maximum rate and what regulation or practice is just. reasona- ble and fair. Further authority Is given the Commission 70 enforce it's orders, and they are to go into effect within thirty days and containue in force for two years. unless suspended, modified or set aside by the Commits sion or by court of competent jurisdic- tion.' Other powers conferred by this section are;
 To apportion joint fares, establish through rates and maximum joint rates and prescribe their division and to de- termine the compensation to be paid to shippers doing service for carriers.
 Section 16 of the present law is so changed as to provide for an award of pecuniary damages to compliments found entitled, and in case payment is not promptly made in accordance with this award, the beneficiary is -authoriz- ed to file suit in a United States Cir cult Court to compel compliance. The finding of the Comission Is to be re- ceived as prima facie of the facts tn such suits and the petitioner is absoiv- ed from all liability for costs. Another provision renders legal the service of the orders of the Commission through the mails and provides that these or ders shall take-efteets tissrty- days af- ter Service, unless suspended or modi- fled by the Commission, or suspended or set aside by the courts. A penalty of s5.0O0 for each offense in disobed- fence of the order is imposed, and the penalty is to accumulate at the rate of $5,000 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 each case of appeal to the Supreme Court. these cases are to be given precedence over all others except those of crim- iral character.
 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 or ders of the Commission and to provide against the granting of interlocutory decrees without hearings and making appeals from such orders direct to the Supreme Court.
 Other provisions extend the defini- ton, of the word railroads so as to make 1t include switches, spur tracks, terminal facilities. freight depots. yards and, grounds, and defines the word transportation as to make 1t embrace cars and other facilities for shipment or carriage Irrespective of ownership or of any contract" the in- tention being to make the railroads re- sponsible for all special car service. It Is made the duty of carriers to furn- ish special car service upon reasonable request
 Senate amendments include oil pipe lines, express companies and shipping car companies under the head of "com- mon carriers and make them amen able to the requirements of the bill. Other Senate notifications prohibit the issuance of passes or the granting of special favors to one class of pas sengers over another. prohibiting rail- road companies from transporting com modities produced by themselves: re- quire such companies to put in switches at the reasonable request of shippers; prohibits the granting or acceptance of rebates and reinstates the -imprison ment penalty for violation of the law.
 There are also changes In the law relative to the reports to be required of common carriers and a penalty of $100 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 under penalty of heavy fine and long Imprisonment from divulging the facts ascertained.
 Fines of $500 for each failure to keer property accounts is provided. A falsi- hcstion of accounts is made punishable by fine and imprisonment
 Circuit and district courts of the United States are given Jurisdiction over all complaints of the Commission of failure to comply with its orders and such courts are required to issue writs of mandamus compelling such compliance.