The Montgomery advertiser., 1906-01-28
THE HEPBURN BILL
CHAIRMAN OF HOUSE COMM5TTEE
 REPORTS MEASURE.
All of The Reppblieans and Democratic Unite fin Endorsement of Thr Proposed Act Of Rate
 Regulation.

Washington, Jan. 27-Chairman Henburn today reported to the House his railroad rate bill with the favor able recommendations of the entlTe Republican and Democratis iuembers of the Interstate and Foreisn Con- mercs committee. The bill will come up in the House next week.
 The report is a comprehensive ex- plantation of the measure. Pceliminafy to giving details as to the intention. oS each section the statement Is made trat the bill is the product or several years
 consideration by the committee. The object of the bill Is simply to amend
 the Interstate Commerce law which
 has been in force for twenty years
 No attempt is made to give the con-
 mission power to re-adjust freight
 classification, a power which Mr. Hep
 burn says, his committee considers
 very much greater power over r2fes
 than that given in the bill, IS ander
 the measure the initiative in rate mak-
 ing is not given to the commission.
 But under a grant cf power to estab
 fish a systom of freight classificatioa
 the commission would have authority
 to take the initiative. Little com
 plaint 1t is said has been heard against
 classification.
 In attempting 70 correct the ship
 ping evils the bill provides first
 
 roads, and transportation" so aS to
 include within tte jurisdiction of tbe commission the regulation of switches, private cars and termt9rl charges Icing charges are required to be in cludcd in the published tariff schedules and thirty days notice Is required to be given, before changes are r1ade In these schedules. This latter require ment is to obyiate what is known as 'mfdn .ght tarlf."
 In considering q complaint the eonl- mission is given authority to hni a conclusion instead of Gs at present finding facts and conclusions Facts are to be included Tn the finding onlS when damages are to be awarded.
 It is section four of the bill which confers power on the con nissinn to establish a rate or to decl gre what will be a proper charge in rer ain instance. The report states in this connection that it is just t0 the con nilsson that none of it's mer bers thinJE it wise that authority to ask the ir itative in rate making should b A conferred upon 1t. Its Jurisdiction has confined to cases where co npidint has been made, when 1. is authorized tc declare what shall be a jus; and reasonable and fairly remurerative rate or rates, charge or charges. to be 1 hereafter observed in such cases 95 LUt AudAluuL kO bS Glldl 5Nns HUI NateAS regulation or practices in respect to such transportation Is just and fair | and reasonable thereafter to be fol- | lowed and 10 make an order that the carrier shall cease and Gestte from such violation to the extent to whfcE l the commission finds the same 10 exist and shall not thereafter pnolish. de- | mand or collect any rate or charge for l such transportation in ext ess Uf tFa maximum rate or charge so prescribed | and shall conIOrm to tho regulation | or practice so prescribed.
 The existence of the order is li.nitcd ] to period of three years. 1t is ex- planied that the word maximum" | was used in order that some Reliability | might be given the rate ld that the | carriers might charge q less sun than l that fixed by the commission. The ! commission is empowered to fix tfa maximum allowance to the shirper | who furnishes his own cars or any | of transportation.
 Additional requiremer ts and re%r!c- tions are provided Tn the matter CT 1 awarding damages. receiving com plaints and giving notice Of hearings. | etc A penalty of $j.O00 Is provided l for violation or l!sobedtenco of any | order of the comm'ss'on Authority | is given the shipper to apply to tic | circuit court for the enforcement If | the commission oIueI9' Ah- Court lS tC | enfor, ,e this order by means of in junction. Appeals may be taken to | the Supreme Court direct and such cases are given priority oYer ali other , exceptional cases. Access my be had | at all times 10 the bu"',s of the car rters. A fine Of yj.0J0 p, imprisonment ' for two years is tho Ienal;y provided ! for refusal to allow experts c: the | to examine the books O. | such carriers.
 The bill provides for two additional | members of the commission. t!se term of service for commissioner being increased to seven years and the Jflary to $te,0OO.