The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-21

rates provided for in this act. shall. in
addition to any penalty provided by this
act, forfeit TO the United States q sum OF
money three times the amount of money
so received OF accepted and three times
the value OF any other consideration SO re-
ceived or accepted. 10 be ascertained by
the trial court. and the attorney general
Of the United States is authorized and d.
rected. wherever he has reasonable
grounds to believe that any such person.
corporation or company has knowingly
or Willfully received or accepted from
any such common carrier any sum of
money or other valuable consideration as
a rebate or offset as aforesaid. to insu-
tute in any court Of the United States of
competent jurisdiction a civil action TO
collect the said sum or sums so forfeited
as aforesaid; and in the trial of said ac-
ton all such rebates or other considera-
tons so received or accepted for a period
Of six years prior to the commencement
Of the action may be included therein, and
the amount recovered shall be three times
the total amount Of money or three times
the total value of such consideration so
received or accepted, or both, as the case
may be.
Provided that the foregoing penalties
shall not apply TO rebates or cOnsideTa-
tons received prior to the passage and ap-
prOval of this act
Full Reports by Commission.
Sec 8 That section "A of said act, as
amended March 2, 1889, be amended so as
to read as follows:
Sec. IA That whenever an investiga-
ton shall be made by said commission IT
shall be its duty to make report IN
writing in respect thereto, which snall
state the conclusions of the commission,
together with its decision, order or re-
Quirement in the premises; and IN case
damages are awarded. such report snall
include the findings Of fact on which the
award is made.
All reports of Investigations made by
the commission shall be entered OF rec
ord, and copy thereof shall be furnished
to the party who may have complained
and to any common carrier that may
have been complained of.
The commission may provide for the
publication of its reports and decisions
in such form and manner as may be best
adapted for public information and use,
and such authorized publications shall be
competent evidence Of the reports and De
cisions of the commission therein con-
tanned in all courts of the United States
and of the several states without any
further proof or authorization thereof.
The commission may also cause to be
printed for early distribution its annual
reports"
Power to Fix Rates Granted.
Sec l. That section 15 Of said act be
amended so as to read as follows:
Sec. 10. That the commission IS au-
thOrized and empowered and it shall be
it's duty whenever, after full hearing
uDOn a complaint made as provided in
section Is of this act or upon complaint
of any common carrier il shall be Of the
opinion that any Of the rates or charges
whatsoever demanded, charged or collect
cd by any common carrier or carriers
subject to the provisions of this act for
the transportation Of persons or property
as defined in the first section OF TINS act,
or that any regulations OF practices
whatsoever of such carrier or carriers af-
fecting such rates, are unjust or unrea-
soma BILE. or unJUStly discriminatory, or
undulv preferential or pTejudicial. or 9TH
-rs111 lion Of Df
SiOnS Of this act to determine and pre-
scribe what will be the just and reasOna-
BILE rate or rates, charge or charges, to
be thereafter observed in such case as
the maximum to be charged and what
reguIa ton or practice in respect TO such
transportation is just, fair and reasonable
to be thereafter followed; and to make
an order that q 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
demand or collect any rate or charge for
such transportation in excess Of the max
imum rate or charge 50 prescrlb-i, and
shall conform to the regulation or prac-
tice so prescribed. all orders of the COM
mission except orders for the payment Of
money shall take effect within such rea-
sonable time, not less than thirty days,
and shall continue IN force for such period
of time. not exceeding two years, as shall
be prescribed in the order of the commits
sion unless the same shall be suspended
or modified or set aside by the commits
sion be SUSPENDED or SET dSlOe DN n
court of competent Jurisdiction
May Apportion Joint Rates.
Whenever the carrier or carriers. in
obedience to such order Of the commits
sion, or otherwise, in respect to joint
rates. fares or charges, shall fail to agree
among themselves upon the appOrt1on-
ment or division thereof, the commits
sion may after hearing make a supple
mental order prescribing the just and
-n- nah
to be received by each carrier party
thereto. which order shall take effect as
a part Of the original order
1.-THE commission may also. after hear
ing on a complaint establish through
routes and Joint rates as the maximum
to be charged and prescribe the division
of such rates as hereinbefOre provided
and the terms and conditions under which
such through routes shall be operated.
when that may be necessary to give et-
feet to any provision OF TINS act aud the
carriers complained 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 ap-
pIv when one of the connecting carriers
is a water line
IF the owner Of property transported
under this act directly or indirectly rem
ders any service connected with such
TRANSFORMATION or furnishes any instTU-
mentality used therein. the charge and al
TOwance therefor shall be no more than
lust ana EeaSDHdDl0 anu the COIliIllS-
sion may. after hearing on a complaint,
determine what is a reasonable charge
as the maximum to be paid by the car
rier or carriers for the service so rendered
or for the use Of the fundamentally so
furnished and fix the same by appro-
pirate order, which order shall have the
same force and effect and be enforced
i'm like manner as the orders above pro-
vfded for in this section.
THE foregoing enumeration Of powers
shall not exclude any power which the
commission would otherwise have in the
making of an order under the provisions
of this act
Gives Rule of enforcement.
Sec. ;. That section Is of said act. as
amended March 2, 1889, be amended so as
10 read as follows.
Sec Is. That if, after hearing on n
complaint made as provided in section j.
3 eft nyyafe eh2U or