The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1906-07-07
THE RAILROAD RATE BILL

consideration, as a rebate or onset |
aeainst the regular charges for trans
portGtion OF such property, as fixed by |
the schedules OF rates provided for in |
this act shall be deemed guilty or n |
fraud. which is hereby declared To be
o misdemeanor. and. shall. upon con-
viction thereof in any court OF the |
United States OF competent jurisdic- |
ton within the district where such Of
Tense was committed, in addition TO
any other penalties provided by this |
act, be subjected 10 fine equal 10
three times the sum OF money 80 re-
ceiyed OF accepted. and three times the |
value OF any other consideration 50 re-
cciyed or accepted, 70 be ascertained by
the trial court; and In the trial for
such offense, all such rebates or other
considerations so received or accepted
for a period OF six years prior 20 the
commencement or the action may be
considered, and the said fine shall be
three times she total amount uf money
or three times the total value or such
considerations so received or accepted,
nc the case may be: Provided, that the
foregoing penalties shall not apply TO
rebates or considerations received prior
to the passage and approval OF this act.
In addition 10 the above the commits
sion Is empowered 10 make joint rates.
Orders OF the Commission.
Any carrier, any officer. representa-
tive. or agent OF a carrier, or any re-
coiver, trustee, lessee. or agent OF
either OF them, who knowingly tails or
neglects TO obey any order made un-
der the provisions OF section 10 OF this
act shall forfeit 20 the United States
the sum OF $1,000 for each orense.
Every distinct violation shall be a sep
aratc offense. and In case OF continu-
ias violation each day shall be deemed
separate offense.
Provision for Court Review.
The court-reyiew provision OF the
bin Is as follows:
n any carrier fails or neglects 10
obey any order OF the commission,
other than for the payment OF money,
while the same is IN effect. any party
injured thereby. or the commission in
It's own name. may apply to the circuit
court in the district where such carrier
pas its principal operating Office. or in
which the violation or disobedience OF
such order shall happen, for an en-
forcement or such order. Such applica-
ton shall be by petition. which shall
state the substance OF the order and
the respect in which the carrier has
JAILED % obedience, and shall be served
upon the carrier in such manner as the
court may direct, and the court shall
prosecute such inquiries and make such
Investigations, through such means as
/. shall deem needful In the ascertain
ment OF the facts at issue or which
may arise upon the hearing OF such
petition II, upon such hearing as the
court may determine to be necessary,
ii appears that the order was lawfully
made and duly served. and that the
cnirier is in disobedience OF the same.
the court shall enforce obedience 10
such order by writ OF injunction, or
other proper process, mandatory or
otherwise. to restrain such carrier, IT'S
officers. agents or representatives. from
further disobedience OF such order. or
20 enjoin upon II, or them. obedience 10
the same; and Ia the enforcement Of
such process the court shall have those
powers ordinarily exercised by II in
compelling obedience 10 its writs OF
injunction and mandamus.
From any action upon such petition
on appeal shall lie by either party to
,la s,,urny,io ra,,rt - TIA Tfvttnl &C.,.
and in such court the case shall have
priority in hearing and determination
over all other causes except criminal
causes. but such appeal shall rot va
cave or suspend the order appealed
from.
The so-called Allison provision pro-
yides that all cases for the annulling
OF rate as made BY the commission
should be brought In the district
where the carrier against whom such
order OF requirement may have been
made has Us principal Office.
Other provisions OF the bill provide
that the commission shall be empow-
cred to require annual reports from all
common carriers, and providing that
sum iNHNl - NAAll HN VI AAlA lnAAhat
character, giving the commission az
All times access to the books OF COM
mon carriers. heavy penalties are en-
Joined for false entries in accounts. A
fine of $4,000 or Imprisonment for
term of two years. or both, Is docroed
for any examiner who shall wrongly
divulge information acquired through
examinations or accounts. Circuit and
district courts are 10 have jurisdiction
to issue writs OF mandamus compell-
ing common carriers 10 obey the or
ders Of the commission. Bills OF lad
| ing are To be issued by any common
carrier accepting goods for transporta-
ton. making railroad companies liable
/ for loss or damage done in transit
over their or any other line. The COM
mission is empowered to employ spe-
/ cial agents or examiners with full
/ powers.
This act takes effect and Is In
force from and after It's passage.
The interstate commerce commission