Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-18
ELKINS GIVES OUT RATE BILL
West Virginis Senator Drafts Measure to
Regulate Railway ehsrges
COMMISSION is TO BRING SUITS
Courts to Eniofn Carriers from
Enforcing Illegal Charges and
Require Them 20 Name
Reasonable Ones.


terstate commerce, has made public his |
bill for the regulation OF railroad rates
which he purposes to offer for the consid- |
GRAFTON of congress. The commission is |
increased from seven to nine members. The |
expenses Of litigation are to be borne by |
the United States. The bill has not been !
completed fully, but the section relating |
TO the fixing of rates embodies most of the |
important features and is as follows:
That whenever the Interstate Commerce |
commission shall be of the opinion that |
reasonable grounds exist for believing tnat |
any rate, tare or charge established or
charged by any common carrier or carriers
subject to said act approved February 1,
l81 or any act amendatory thereof, Is un-
Just ana unreasonable, or tnat any such
carrier carriers snail be making any
unjust discrimination or be engaged in
any other practice or be doing any other
act II, violation Of any provision of any
of said acts, II shall be lawful for said
commission to institute suit or proceed
ing In equity in the circuit court of any
any carrier defendant In the suit or pro-
ceeding shall be located, to restrain such
carrier or carriers from continuing In force
such rate, fare or charge, or from con-
unuing such unjust discrimination or other
unlawful act or practice. The commission
in its discretion may institute any such
suit or proceeding upon its own motion
or upon the application of any person, firm
or corporation interested in the matter
u.
not be required before institutng any such
suit or proceeding to give notice to the
parties defendant therein or grant hear
ing or make a report, finding, recommended
ton, decision or order in respect of the
matters complained of, but the commission
shall have power before instituting any
such suit or proceeding to make such in
Vestigauon as II may deem proper.
Enioiss Illegal Rates.
Any suit or proceeding authorized by
this act may pe Instituted by petition,
briefly setting forth the matters complained
OF, and any parties interested in sucn mat
ters may be made defendants. The court
snail have power to hear and determine
such suit or proceeding speeuly without
phcable to ordinary suits IN equity and
upon such snort notice 10 the defendants
as the court shall deem reasonable, but
in such manner to do justice in the
premises; ana to this end the court may
cause evidence to be taken before such
ofncers and in such manner and within
such time as the court may prescribe.
IL II be mace to appear TO the court that
any such rate, fare OF charge OF any car
| rer complained of in such suit or pro-
| ceeding is unjust and unreasonable or that
| the carrier is making any such unjust ais
crimlnatlon or is engaged IN any sucn other
practice or Is doing any otner such act
in violation of law, the court may, by its
order or decree, mandatory or otherwise,
restrain and entoin such carrier from con-
tinuing in force sucn rate tare or charge
or from continuing such unjust discrimina-
ton or such other unlawful act or prac-
! tice on or after date to be specified In the
order or, decree; and thereupon II shall be
the duty OF the carrier, on or before such
date, to put in force a lawful and proper
y rate, faro charge or practice in ssbstitu-
ton for that restrained or required TO be
changed
In case any carrier shall fail. within the
time specified in such order or decree. to
put in torce a lawful and proper rate,
fare or charge IN substitution tor that re
strained or required TO be changed, or in
case any such substituted 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 suit and without any
further hearing, or. In its discretion, upon
turtner evidence and hearing before the
commission. to make an order directing
the carrier TO modify the original or the
substituted rate. fare or charge, as , the
thereof a just and reasonable rate pre-
scribed in such order of the commission; !;
but the commission shall not have power
TO modify any original or substituted rate,
fare or charge TO greater extent than
shall be necessary in order TO remove the
Injustice and unreaSonableness or other un-
: lawfulness thereof.
Rates Effective at Once.
Such order of the commission Is to take
effect not less than ten days after notice
| thereof to the carrier and is effective one
year The carrier by that time must mod
ify it's published rates. etc, while such
order is in effect and is prohibited from
establishing or putting in force any substi-
tuted or modified rate fare or charge in
excess of that prescribed.
A penalty of $1,000 for each day of viola
ton is provided Any injunction or other
order or decree in any such suit or pro-
ceedings may be reopenod, modified or va
Gated by the court at any time upon notice
to the parties affected thereby.
| Any party to the proceeding may appeal
TO the supreme court OF the United States,
=, but this will not stay or supersede the de-
cree or the execution of amy writ or
process thereon unless the circuit court OF
a Judge of the supreme court shall so or
der No appeal is allowed to the circuit
court OF appeals
Other sections empower the commission
to have the books of common carriers ex-
amined by expert accountants, to employ
, special agents to investigate suspected re-
bates and providing punishment for rebate
giving or receiving according to existing
statutes; provide for the icing of refrig-
orator cars in transit and publication OF
rates for such service; prohibit the issu
ance OF passes, sale of tickets or transpor-
tation of passengers al less or greater
compensation than regularly established
proyidinE this does not interfere with the
use of milea ge, commutation or excursion
tickets or free masses or reduced rates e
nersons employed in caring for live stocl
I'm transit to ministers, destitute or indi
gent persons and charity patients, employe'
or oficials OF railroads and members Of
their families
Common carriers are permitted to enlel
into agreements to establish or maintair
rates first approved by the commission
and TO select the connecting lines for for
varding shipments Existing statutes re
garding procedure before the commission
concerning complaints are amended.
Favorable Report on Parker Bill.
The house committee on judiciary decided
today TO authorize a favorable report oi
the Parker rebate bill providing that ship
pers deriving benefit or advantage from
carriers In the way OF unlawful rebates
shall be liable to the United States in tn
amount OF the benefit. The bill empower
the government TO recover at law tn
amount of the rebate and court expenses
II the shipper accepts the rebate knowingl!
, the United States NAV recover twice tn
, amount Informants in successful case
! are to receive one-tenth Of the amount re
r covered.
south Dakota Supreme Court.