The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-18
Places Original Power to Regu-
late Tariffs with Courts.
Makes Commerce Commission
Sort of Prosecuting Board.
PENALTY PROPOSED.
Violation of Courts Order Pun
ishable by Fine Of 1000 a Day.
Expenses of Litigation Are to
Be Borne by United States.

Washington. Jan. Ex-senator Ell1ins,
chairman of the senate committee on
interstate commerce. has made public
his bill for the regulation of railroad
rates which he purposes to offer for the
consideration of congress. BY its terms
the interstate commerce commission is
increased from seven to nine members.
Expenses of litigation are to be borne
by the United States. The bill has not
been completed fully bul the section re-
iating to the fixing of rates embodies
most of the important features and is
as follows:
That whenever the interstate com
merce commission shall be of the opin-
ion that reasonable grounds exist for
believing that any rate, fare. or charge
established or charged by any common
carrier or carriers for any transporta-
ton or other service subject TO said
act approved Februar.y 4, 1887. or any
act amendatory thereof is unjust and
unreasonable, or that any such carrier
or carriers shall be making any unjust
discrimination or be engaged in any
other practice or be doing any other act
in violation of any provision of said
acts, it shall be lawful for said commits
sion to institute a suit or proceeding in
equity in the circuit court for any dis
trict in which the principal office of any
carrier defendant in the suit or proceed
ing shall be located to restrain such
carrier or carriers from continuing in
force such rate, fare, or charge, or from
continuing such unjust discrimination
or other unlawful act or practice. The
commission in its discretion may insti-
tute any such suit or proceeding upon
its own motion or upon the application
of any person, firm or corporation in
fef "a .Fr,7 Of
and the commission shall not be re-
quired before instituting any such suit
or proceeding to give notice to the par
ties defendant thereto or grant a hear
ing, or make report, finding recon-
mendation, decision or order in respect
of the matters complained of but the
commission shall have power before in
shutting any such suit or proceeding
to make such investigation as it may
deem proper.
IF it be made to appear to the court
that any such rate. fare, or charge of any
carrier complained of in such suit or
proceeding is unjust and unreasonable
or that the carrier is making any such
unjust discrimination or is engaged in
any such other practice or is doing any
such other act in violation of law, the
court may, by its order or decree, man.
datory or otherwise, restrain and enJoin
such carrier from continuing in force
such rate. fare or charge or from con-
such other unlawful act or practice on
or after a date specified in the order or
decree and thereupon it shall be the
duty of the carrier. on or before such
date, to put in force a lawful and proper
rate. fare. charge. or practice in substi-
tuition for that restrained or required
to be changed.
In case any carrier shall fail, within
the time specified in such order or de-
cree, to put in force a lawful and pro-
per rate. fare or charge in substitution
for that restrained or required to be
changed, or incase any such substantial
rate. fare or charge put IN force by the
carrier shall be unjust and unreasonable
or otherwise unlawful. the commission
shall have power upon the evidence in
such suit and without any further hear
ing. or in it's discretion, upon further
evidence and hearing before the commits
sion to make an order directing the car
rier to modify the original or the sub
stituted rate, fare or charge, as the case
may be, by putting in force in lieu there
of a just and reasonable rate prescribed
in such order of the commission, but the
commission shall not have power to
modify any original or substituted rate
or fare, or charge to a greater extent
than shall be necessary in order to re-
move the injustice and unreasonableness
or other unlawfulness thereof"
Such order of the commission is tC
take effect not less than ten days after
notice thereof to the carrier, and is ef-
fecfive one year. The carrier by thai