The Montgomery advertiser., 1906-01-18

reasonable, or that the carrier Is mak- ing any such unjust discrimination, or is engaged in any such practice or is doing any such other act in violation of law. the court may. by its order or decree, mandatory or otherwise. re- continuing in force such rate. fare or charge. or from continuing such un- just discrimination or such other. un- lawful act or practice on or after a date to be specified in the order or decree, and thereupon 1t shall be the duty of the carrier. on or before such date. to put in force a lawful and proper rate. fare. charge or practice in substitution for that restrained or re- quired to be changed.
 May Modify Rate.
 Tn case any carrier shal fail, within the time specified in such order or de- cree. to put in force a lawful and rate. fare or charge in substitution for that restrained or required to be changed, or In case any such substi- tuted rate. fare or charge put in force by the carrier shall be unjust and un- reasonable or otherwise unlawful. the commission shall have power. upon the evidence in such suit and without fur ther hearing or, in it's discretion. upon further evidence and hearing before the commission. to make an ordar di- recting the carrier to modify the origi- nal or the substituted rate. fare or charge. as the case may be, by put ting in force in lieu thereof, a j,tst and reasonable rate prescribed in such or der of the commission. but the com- mission shall not have the power to modify any original or substituted rate, fare or charge to a greater extent than shall be necessary in order to remove the injustice and unreasonabIeness or any other unlawfulness thereof"
 Such order of the commission is to take effect not less than ten days after notice thereof to he carrier, and is effective one year The carrier by that date must modify it's published rates, etc, and while such order is In effect prohibited from establishing or put ting in force any substituted or modi- ned rate, fare or charge In excess of that prescribed. Any carrier, trustee, lessee, or agent or any of them who Knowingly violates any such order of the commission is to forfeit to the United States one thousand dollars for each day of violation. The court may order the payment of reasonable costs and counsel fees
 Any injunction or other decree in any such suit or proceeding may be re- opened modified or vacated by the court at any time upon notice to the parties affected thereby Any party to the proceeding may appeal from any final decree within sixty days to the Supreme Court of United States but this will not stay or supersede the decree or the execution of any writ or process thereon unless the circuit court or judge of the Supreme Court shall so order. No appeal Is allowed to the circuit court of appeals. Every such suit shall be give nthe same prece- dence as if brought by the United States.
 Other sections empower the Commits sion to have the books of the common carriers examined by expert account ants, to employ special agents to inves tigate suspected rebates and providing punishment for rebate giving or receiv- ing according to existing statutes; pro- vide for the icing of refrigerator cars in transit and publication of rates for such service; prohibit the issuance of passes. sale of tickets or transporta- tion of passengers at less or greater compensation than regularly establish ed; providing that this does not inter fere with the use of mileage, commu- tation or excursion tickets or free passes or reduced rates to persons equiped in caring for live stock in transit, to ministers. destitute or indi- gent persons, and charity patients. em- ployeS or officials of railroads and members of their families.
 Common carriers are permitted to en- ter into agreements to establish or maintain rates if first approved by the Commission and to select the connect ing lines for forwarding shipmentsL Existing statutes regarding procedure before the Commission concerning are amended.