Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-26

CATION snail Ue made by said commits
sion, it shall be it's duty to make a
report in writing In respect thereto,
which shall state the conclusions OF the
commission, together with. it's decision,
order, or requirement In the premises;
and In case damages are awarded such
report shall include the findings Of fact
on which the award Is made. ! s1s5
"All reports Of investigations made
by the commission shall be entered Of
record, and a copy thereof shall be fur
nished to the party who may have
complained, and to any common car
rier that may have been complained of.
1.-THE commission may provide for the
publication Of it's reports and decisions
In such form and manner. as may be
best adapted for; public information
and use, and such authorized publica-
| lions shall be competent evidence of
the reports and decisions of the com
mission therein contained in all courts
Of the United States and of the several
| states without any further, proof or
authorization thereof. The, commits
sion may ais, cause to, be printed for
early distribution its annual reports"
Commissions Power to. Fix Rates
Sec. 4. That section is of said act be
| amended so as to read as follows:1E.,l -
"Sec. Is. That the commission is au-'
| thorized and empowered, and it shall
be its duty, whenever, after full hear.
ing upon a complaint made as provid-'
ed in section ID of this act, or upon
l orlo tint of
shall be of the opinion that any of the
! rates, or charges whatsoever, demand
| ed, charged, or collected by any COM
| mon carrier or carriers, subject to the
| provisions of this act, for the, trans
| portation Of persons or, property as de-
fined in the first section of this act, or
that any regula tons or practices, what
soever of such carrier or carriers af-
fecting such rates, are unjust or I'M
reasonable, or unjustly discriminatory,
or unduly preferential or prejudicial,
or otherwise in violation Of any Of the
provisions of this act, to determine and
4 prescribe what will be the just and
reasonable rate or rates, charge or
charges, to be thereafter, observed in
such case as the maximum to be charg-
ed; and what regulation or practice in
respect to such transportation is just,
fair, and reasonable to be thereafter
followed; and to make an order that
the carrier shall cease and desist from
such violation, to the extent to which
the commission find the same to exist
and shall not thereafter publish. de,
mand, or collect any rate or charge fol
such transportation in excess Of the
maximum rate or charge so prescribed
and shall conform to the regulation OIL
practice so prescribed.
Rates Take Effect In Thirty Days.
Gail orders of the commission, ex
; cept orders for the payment of money
shall take effect within such reasonable
time, not less than thirty days, an6
shall continue in force for such periol
Of time, not exceeding two years, as
shall be prescribed in the order Of the
commission, unless the same shall be
suspended or modified or set aside by
the commission or be suspended or SET
aside by court of competent jurfsdic.
ton. Whenever the carrier or carriers,
In obedience to such order of the COM
mission or otherwise, shall publish and
file in respect to joint rates, fares, or
. charges, and shall fail to agree among
themselves upon the apportionment or
division thereof, the commission may
after hearing make supplemental Or
der prescribing the just and reason
able proportion Of such joint rate to
be received by each carrier party there
| to, which order shall take effect as a
part Of the original order.
! May Establish; Through, Routes.
'"The commission may also, after
hearing on a complaint, establish
through routes and joint rates as the
maximum to be charged and prescribe
the division of such rates as hereinbe-
fore provided, and the terms and condi-
tons under which such through routes
shall be operated when that may be
necessary to give effect to any provi-
sion Of this act, and the carriers COM
| planned Of have refused or neglected to
/ voluntarily establish such through
routes and joint rates, provided no
reasonable or satisfactory through
route exists, and this provision shall
apply when one of the connecting car
riers is a water line.
/ "If the owner Of property transport
ed under this act directly or indirectly
renders any service connected with
! such transportation, or furnishes any
fundamentally used therein, the charge
4 and allowance therefor shall be no
more than is just and reasonable, and
the commission may, after hearing ON
complaint, determine what is rea-
sonable charge as the maximum to be
1 paid by the carrier or carriers for the
q service SO rendered or for the use of
the instrumentality SO furnished. and
4 Ok the, same by appropriate order,
\ which order shall have the same force
4 and effect and be enforced In like man
Il ner. as the orders above provided for in
Il this section. ..s
The foregoing enumera tion OF pow
ers shall not exclude any power which
q the commission would otherwise have
~ In Yf1, ma KING M an, orf5n,. ,fr,f7ar tho