West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-05-24
RAILROAD RATE REGULATION
Assured By The Passage OF The
Hepburn Bill By Congress.
AFTER A LONG, HARD STRUGGLE
The Senate Settled the Natter Last
Friday. by n Vote OF Seventy. One 10
Three After Seventy DAYS OF Contin.
nous Delibcration.

ROAD rate Dill is TO permit the inter.
state commerce commission TO fix
rates. The provision conferring
this authority is found in the fourth
section OF the bill which amends
section IS of the interstate commits
sion so as to accomplish this result.
That section directs the commission
to investigate complaints of unjust
and unreasonable charges on the
part of the common carriers in the
transportation OF persons or property
or OF regulations or of practices
affecting such charges. 1t also au-
thorizes an inquiry as to whether
the rates of practices are "uniustly
discriminatory or unduly preferen.
tial or prejudicial or otherwise In
violation Of the act" and in case
these conditions are found to exist
the commission is empowered TO
determine and prescribed what will
be the just and reasonable maximum
rate and what regulation or practice
is just, reasonable and fair.
FURTHER AUTHORITY
is given the commission TO enforce
its orders and they are to go INTO
effect within thirty days and con
tinue IN iorce tor two years unless
suspended, or set aside by the com
mission thereby or court Of compe-
tent jurisdiction. Other powers
conferred by sections are: Appor-
ton joint fares, establish through
routes and maximum Join. rates and
prescribe their division an to deter
mine the compensation to be paid
10 shippers doing service for car
riers.
The finding of the commission is 10
be received as prima facie evidence
of the facts in such suits and the
petitioner is absolved from all liza
bility for costs. Another provision
renders legal the service of the
orders Of the commission through
the mails and provides that these
orders shall take effect thirty DAYS
after service unless suspended or
modified by the commission or sus-
pended or set aside by the courts.
A penalty Of IS, 900 for each offense
IN disobedience of the order is i'm
posed, and the
PENALTY is TO ACCUMULATE
at the rate of S., 900 day in case
of continuous violation. Orders
other than those for money pay
ments are TO be enforced by the
federal courts through wrts 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 a
criminal character.
The bill was amended by the SEN
ate so as to give the United States
circuit courts jurisdiction to enter
tain suits brought to annual the
changes OF orders Of the commission
and to provide against the granting
OF inteTlocutory decree without hear
ings and making appeals from such
orders direct to the supreme court.
Other provisions extend the defn..
tion Of the word railroads so as 20
make il include switches, spurs,
tracks terminal freight depots, yards
and grounds, and defines the word
transportation" so as 10 make il
embrace cars and other facilities for
shipment or carriage, irrespective
Of ownership or ofany contract" the
intention being to make
THE RAILROAD RESPONSIBLE
for all special car service. II is
made the duty Of carriers to furnish
special car service upon reasonable
request
Senate amenements inclvdc oil
pipe lines, express companies and
shipping car companies under the
head Of common carriers" and
make them amendablc 20 the re-
| quirements oflhe bill. Other senate
notifications, prohibit the issuance
OF passes or the granting Of special
favors TO one class Of passengers
over another prohibiting railroad
company from transporting com.
modities produced by themselves;
require such companies TO put in
switches at the reasonable request
Of shippers, prohibits the granting
or acceptance Of rebates and rein.
state the imprisonment penalty for
violation Of the law.
There are also changes in the
law relative to the reports TO be re-
J quired Of common carriers, and a