The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-19
1NR ELK|Ns GIVES
OUT ia TE MEASURE
Empowers Interstate Commission
to Bring Restraining Suits
in Circuit Courts.
NEED NOT GIVE NOTICE
Provision Made for Prompt Ac-
ton By the Courts Without
Any Formal Pleadings.
(By Associated Press.)


WASHINGTON. ID. c., January 49,
Senator Elkins chairman OF the Commit
tee on Interstate Commerce, has made
public the bill for the regulation of rail-
road rates which he proposes to intro
duce He makes no claim that 1t is
perfect, but declares 1t is the best he
can do.
BY Mr.. Elsins' bill the Interstate Com
,nerce Commission is increased from
seven to nine members Expenses OF IL
tigation are to be borne by the United
States.
Whenever the Interstate Commerce
Commission shall be of the opinion that
reasonable grounds exist for believing
amy rate established or charged by any
common carrier for any transportation
or other service subject to the act OF
1887 is unjust and unreasonable or that
any such carrier is making any unjust
discrimination or engaged in any other
practice or doing any other act in vio-
lation of the law. the commission may
instigate suit or proceeding in equity
In the Circuit Court for any district in
which the principal office of any carrier
defendant is located to retain such car
rior.
Suit BY the Commission.
The commission. in It's discretion, may
institute any such suit or proceeding
upon its own motion or upon the appli-
cation of any person, firm or corpora
ton interested in the matter COM
planned of.
The commission shall not be required.
before instituting suit to give notice to
the parties defendant or grant a hearing.
but it may make such investigation as it
may deem proper.
Ans, tifl,
be instituted by petition. briefly setting
forth the matters complained of, and any
parties interested in such matters may
be made defendants.
The court shall have power to hear and
determine such suit or proceeding speed
lily. without the formal pleadings and pro-
ccedings applicable to ordinary suits in
/ equity and upon such short notice to the
defendants as the court shall deem rea
sonable. but In such manner as to do JUS
tice in the premises.
The court may restrain apd enjoin the
carrier from continuing in force any I'M
just and unreasonable rate, fare or
charge, of from continuing any unjust
discrimination or other unlawful act or
practice on or after IL date to be speci-
fed
MAY PRESCRIBE A RATE.
: In case any carrier shall fail to obey
the court the commission shall have
power 10 make an order directing the
carrier to modify the original or the sub
stituted rate. fare or charge, by putting
in force In lieu thereof Just and reasons
able rate prescribed in the order of the
commission. but the commission shall
not have power TO Ikodify any original
or substituted rate, fare or charge to n
greater extent than shall be necessary
in order TO remove the injustice and un-
reasonableness or other unlawfulness
tlcreof.''
Such order of the commission is to take
erect not less than ten days after notice
20 the carrier. and is effective one year
The carrier by that date must modify its
published rates, etc, and while such
order Is in effect, is prohibited from es-
!abhshlns or putting IN force any substI-
tuted or modified rate fare, or charge
In excess of that prescribed.
Any carrier. officer, representative or
asenl OF a carrier, or any receiver, trus-
tee. lessee or agent of any of them. who
knowingly violates any such order or the
commission is to forfeit to the United
STATES sloU for each day of violation
The court may order the payment OF
reasonable costs and counsel fees.
Any party to the proceeding may appeal
the supreme Court of the United States,
but this Will not stay or supersede the
1eeeee or ths Of any wr
or a judge Of the Supreme Court shall so
order No appeal is allowed to the Circuit
Court of Appealsyl Every such suit shall
oe given the same precedence as IL brought
by the United States.
CAN EXAMINE BOOKS.
The commission Is empowered 10 have
the books of common carriers examined
by expert accountants and to employ spe-
cial agents to investigate suspected re-
The bill provides punishment for rebate
gtyitnE or receiving. according to existing
statutes; and regulates the icing of refrig-
of rates for such service.
Common carriers are permitted to enter
into agreements to establish or maintain
rates, II first approved by the commission
and 70 select the connecting lines for for
warding shipments
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