Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1906-07-04
RAILROAD RATE BILL

SUN CT money, Or any Otner Y2iuaDl6 |
consideration. as a rebate or orset
against the regular charges for trans
portation OF such property, as f3ed by
the schedules of rates provided for in
this act, shall be deemed guilty of
fraud, which is hereby declared, to be
misdemeanor, an1I shall, upon con-
viction thereof in any court of the
United States of competent jusisdic-
ton within the district where such Of
Tense was committed. in addition. to
any other penalties provided By this
act, be subjected to a fine equal to
three times the sum- of money so re-
ceived or accepted, AND three tinas the
value Of any other consideration $50 re-
ceived or accepted, I'd be ascertaiAed by
the trial court; amid in the trial for
such offense, all such rebates ortother
considerations so received or accepted
for period of six hears prior 10 the
commencement of the action mhy be
considered. and the said fine shall be
three times the total iamount Of money
or three times the tdtal value of such
considerations so receiyed or accepted,
&C the case may be- Provided, that the
foregoing penalties shall not APPLY to
rebates or considerat ions received.prior
to the passage and approval of this act.
In edition to the above The colhnlis-
sion Is empowered tpl make joint rates.
Orders of the Gommission.I
Any carrier, any pthcer, representa-
tive. or agent of a tArrier, or any re-
ceiver, trustee, les$ae. or agent OF
either of them, who knowingly tails or
neglectS to obey any order made I'M
der the provisions OF section Is OF this
act, shall forfeit to die United States
the sum of $4,000 fdr each offsnse.
Every distinct violation shall be d sep
arate offense, and in dase OF eonHinu
inS violation each day shall be desmed
separate offense. ~
Provision for Cdurt Review
The court-review provision Of the
bill is as follows: =
If any carrier failslor neglects to
obey any order of The commission.
other than for the Payment of money,
while the same is I'M effect, any harty
injured thereby, or the commission in
its own name, may abby to the circuit
court in the district where such carrier
has its principal operating office, or in
which the violation Oh disobediente OF
such order shall hapren, for an en-
forcement of such orGer Such appAica-
ton shall be by petition, which shall
state the substance bt the orGer :and
the respect in which the carrier, has
tailed of obedience, ana shall be sefved
upon the carrier in sudh manner as the
court may direct, andI the court shall
prosecute such Inquiries and make Such
Investigations, through such means as.
i. shall deem needful ID the ascertain-
nient of the facts at tissue or j-hich
nay arise upon the Hearing of such
petition. If, upon sucE hearing as: the
court may determine 10 be necessary.
il appears that the order was lawfully
made and duly served and that the
1rier is in disobedieIce of the same.
the court shall enforc& obedience, 10
sucn order by writ Of Injunction or
other proper process mandatory; or
otherwise, to restrain ouch carrieri its
officers, agents or representatives, from
further disobedience Of such orderl or
to enjoin upon it, or tnbm, obedience to
the same; and in the reinforcement or
such process the court 6hall have those Y
powers ordinarily exefcised by ii in
compelling obedience to its wits of
injunction and mandarpus. I,
From any action UPON such petition
on appeal shall lie by leither nartx to
the supreme court OF THE United STATES.
anG in such court the Ease shall have
priority in hearing and determine don
over all other causes Except trini nal
causes, but such appeal shall rot va
care or suspend the order Appended
fiom. -
The so-called Allisoni provision pro-
vides that all cases foI the annuli.ng
of rate as made by Che commission
should be brought inI the district
where the carrier against whom such
order OF requirement ahay have bden
made has its principal office,
Other provisions OF the bill provide,
that the commission shall be empow
cred to require annual Aeports from ALI
common carriers, and providing that
such reports shall be iof the fullest
character; giving the commission .at
all times access to the books of com
mon carriers, heavy penalties are dn-
Joined for false entries In accounts. A
fine of $4,000 or imprisonment for A.
term Of two years, or Bpth, is decreed
for any examiner who isha,l wrongly
divulge information acduiredi through
examinations of accounts. Circuit and
district courts are to haiye jurisdiction
to issue writs of mandhnlus iccnpJll-
ing common carriers I'd obey the DR.
ders OF the commission.s Bis of latf-.
ing are to be issued bN any cGnlmbn
carrier accepting goods for trans pcrsa-
ton, making railroad companies liable
fer less or damage dome in transit
over their or any other line. The COIN
mission is empowered tb employ sue-