The Ordway new era., 1906-06-29
THE RAILROAD RATE ar

=
a'sain,. nsainst the regular eAsrs., y y
portntion of such proper, =. :. q
me schedules of rates pro,,s M = ~
,rn,. ,u,S act. , shail be deemed ru,u. @
l'aoa. which is hereby dee,.a! ss,a!
misdemeanor. and. shan ea va =
vieton thereof In any o. 20,
United States of compe,.D, ,'' q, q
,lon within the district wh.,. iafs
iehs' was committed. In sS.,.'s ~ VA
'hy other penalties proyis.S =
act be subjected to sns ~
'nree times the sum Of mo,. w
oeiNed or accepted. and ,hrs. .
value OF any other tonsldsr,,,sas sas
e'i'ed or accepted. TO be asrs,,'.
the triai court: and in N. .
such onense' all such rebate, y. a y
e"nsiderations so received o, !. ,...
'or " period of SIX years p,,o,
commencement OF the ,.,,a
considered. and the said sns y.
,hree times 'he total amour, n, =.
or three times the total ya,,s
considerations so received or -
az the case may be: Provided IN.
foregoing penalties shall No, ,..' 49,
rebates or considerations recs,.'
to the passage and approval q, NJ.
In addition to the above The oo..
sion IL empowered to make jo,n, :.
Orders Of the commi.,Io,
Any carrier, any officer r.,,...
tive. or agent OF carrier or Az
ectver. trustee. lessee. or ,,,.,
either of them. who knowInrlv ,,n.
ncSiects to obey any order ma.
der the provisions OF section l,o,
act. shall forfeit 10 the unl,.. -.
the sum OF 5000 for each 49,.
Every distinct violation shah
arato ofrense. and in case o, co,,,.
i3s violation each day shall be s..-
separate orense.
Provision for cour. R.vi,r
The court-review provision n, /,
bill is as follows:
II any carrier fails or negI.t.,
obey any order OF the oomn,,.
other than for the payment o, ms,
while the same Is In effect, apr ~
Injured thereby. or the eomml,,,,,
its own name, may apply to III, dim
court in the district where such ,,y
has its principal operating ofic. q,
which the violation or disobetl,rc
such order shall happen, for An !
forccment Of such order Such apy,.
ton shall be by petition. which ,s,
state the substance OF the ort,, 4,
the respect in which the carrier
failed OF obedience. and shall be srv
upon the carrier in such manner IS ;
court may direct, and the court 81
prosecute such inquiries and NIX, n.
Investigations, through such m.an
4. shall deem neediul in the aster,.
ment OF the facts at issue or zss
nay arise upon the hearing Of "a
petition. II. upon such hearing a. y
court may determine to be neceS,r
IL appears that the order was llsis5
made and duly served. and ina; Y
cRi rler is in disobedience OF the lz(
the court shall enforce obedises I
such order by writ OF iniunCriot, 4
other proper process. mandatory 4
otherwise. to restrain such carrisr, 4
officers. agents or Representatives tn
further disobedience Of such order. 4
to enjoin upon 1t. or them. obediens \
the same; and in the enforcement, 4
such process the court shall have Ia
powers ordinarily exercised by 4 4
compelling obedience TO Its wits 4
Injunction and mandamus.
From any action upon such peli,s1
on appeal shall lie by either party
the supreme court OF the United stiis
and in such court the case shall hiH
priority in hearing and determlna'k1
over all other causes except trimlaa
causes. but such appeal shall fot !"
Gaze or suspend the order appeau
from.
The so-called Allison provision Ev
vides that all cases for the annuni'
OF n rate as made by the oommss"
should be brought in the als'.
where the carrier against whom sa,
order of requirement may nave wv
mace has its principal once. !.
Other provisions of the bill pfO's
that the commission shall De elnp,
cred To require annual reports iiVu !
common carriers. and providing ~ y.
such reports shall be OF the lui''.
character; giving the comm'ss'ol
all times access to the BOOKS Vi y
mon carriers. heavy penalties a..
Joined for false entries in aecoun..,
fine of $4,000 or Imprisonment y"
term Of two years, or both, Is oes'.s
for Any examiner who shall WV,
diyulse information acquired 'na M !,
examina tions OF accounts. Cireua -, y
district courts are to have jurisde'sS
to issue writs of mandamus cour !,
ing common carriers to obey ~ N
ders OF the commission. Bilis u
ing are to be issued by any ous a.,
carrier accepting goods for tran'rl M
ton. making railroad compan'e,, ~,
for loss or damage done ~ IT, N
over their or any other line. to-, Tns y y
mission is empowered to emp,vs ,,s X