Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-19
PURPOSES OF THE RATE BILL
Analysis Of Provisions of Measure
as Passed by the
senate.

WASHINGTON. May lS.--The principal
purpose Of the railroad rate bill passed to-
day is to permit the Interstate Commerce
commission to pass rates. The provision to
permit this authority is found i'm the fourth
section 16 OF the bill. which amends section
ilfteen of the interstate commerce law 80
as to accomplish this result. That section
directs the commission to investigate com
plants of unjust and unreasonable charges
on the part OF the common carriers in the
transportation of persons or property or
of regulations or Of practices affecting
such charges. 1t also authorizes an in
quiry to whether the rates or practices
are 'uniusty discriminatory OF unduly
preferentan OF prejudiclal or otherwise in
violation of the act" and in case any OF
these conditions are found to exist the
commission is empowered to determine and
prescribe what will be the just and reason
able maximum rate and what regulation or
practice is just. reasonable and fair. Fur
ther authority is given the commission to
enforce its orders and they are TO go into
effect within thirty days and continue in
force for two years unless suspended, modi-
fed or set aside by the commission or by
court of competent Jurisdiction. other
powers conferred by this section are:
To apportion joint fares. establish through
routes and maximum joint rates and pre-
scribe their division and to determine the
compensation to be paid TO shippers doing
service for carriers.
Section 16 of the present law is so changed
as TO provide for an award OF pecuniary
damages TO complainants found entitled to
them and In case payment is not promptly
made in accordance with this award the
beneficiary is authorized to file suit in
| United States circuit court to compel COM
pliance. The finding of the commission is
to be received as prima facie evidence of
the facts In such suits and the petitioner
is absolved from all liability for costs. An
other provision renders legal the service Of
orders Of the commission through the malls
and provides that these orders shall take
effect thirty days after service unless SUE
pended or modified by the commission or
suspended or set aside by the courts
penalty OF $500 for each offense in dis
obedience Of the order is imposed and the
penalty is to accumulate at the rate of
5000 day in case Of continuous violat ton.
orders other than those for money pay
ments are to be enforced by the federal
courts through writs of mandamus or in
junction and in case OF appeal to the SUI
preme court these cases are to be given pre-
cedence over all others except those of
criminal character.
| The bill was amended by the senate so as
to give the United States circuit courts
jurisdiction to entertain suits brought to
annul or change the orders OF the com
mission and to provide against the granting
Of interlocutory DEGREES without hearing
and making appeals from such orders di-
rect to the supreme court.
Other provisions extend the definition OF
the word railroads so as TO make It include
switches, spurs tracks. terminal facilities
| freight depots, yards and grounds and de-
| fines the word transportation" so as to
make It embrace cars and other facilities
! for shipment or carriage. irrespective Of
( ownership or OF any contract" the inten-
ton being TO make the railroads responsible
4 for all special car service. II is made the
/ duty Of carriers to furnish special car
service upon reasonable request
/ Senate amendments include oil pipe lines.
/ express companies and shipping car COM
| panies under the head OF common car
riers' and make them aTnendable to the
requirements Of the bill other senate mod
| ifications prohibit the Issuance OF passes
or the granting OF special favors TO one
class Of passengers over another. prohibit
ing railroad companies from transporting
commodities produced by themselves; re-
at the reasonable request Of shippers; pro-
| hibits the granting or acceptance OF re-
bates and reiustate the Imprisonment PEN
atty for violation OF the law.
! There are also changes In the law rel
ative TO the reports to be required Of COM
mon carriers, and a penalty of SIOO a day
is imposed for failure to comply with the
/ report requirements.
/ The commission is given access 70 the
accounts OF the companies affected by the
act, but examiners are forbidden under
penalty Of heavy fine and long imprIson-
ment from divulging the facts ascertained
Fines Of $500 for each failure to keep proper
accounts is provided. A falsihcation OF
accounts Is made punishable by a fine and
/ Imprisonment.
Circuit and district courts of the United
! States are given jurisdiction over all COM
plants by the commission OF failure 70
| comply with its orders and such courts
are required 70 issue writs OF msndamus
/ a. H.