New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1906-05-23
COMMISSION TO FIX
Rates FOR ROADS
POWER TO DETERMINE
JUST MAXIMUM.
Interstate Board Orders Hold Good for
Two Years Unless Suspended or
Modified Heavy Penalty for Fail
ure to Comply.

passed by the senate Friday by vote
OF "a to 8, is to permit the interstate
i commerce commission to fix rates.
The provision comforting this authori-
I ty is found in the fourth section OF the
/ bill which amends section Is of the
interstate commerce law so as to ac-
complish this result. That section di-
| reefs the commission to investigate
complaints of unjust and unreasonable
| charges on the part of the common
carriers in the transportation of per-
sons or property or Of regulations or
of practices affecting such charges. It
also authorizes an inquiry as to
! whether the rates or practices are
"unjustly discriminatory or unduly
preferential or unprejudicial or other
wise 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 reasonable maximum
rate and what regulation or practice is
just, reasonable and fair
| Further, authority is given the COM
mission to enforce it's orders and they
are to go into effect within 80 days and
continue in force for two years I'M
! less suspended, modified or set aside
! by the commission or by court of
competent jurisdiction.
| Other powers conferred by this sec
| ton are: To apportion joint fares
establish through routes and maxi
mum joint rates and prescribe their
division and to determine the compen-
service for carriers.
May Enforce Damage Awards.
/ Section Is of the present law is so
changed as to provide for an award of
! pecuniary damages to compliments
4 found entitled thereto, and in case
payment is not promptly made in ac-
cordance with this award the bene-
ficiary is authorized to file suit in a
United States circuit court to compel
compliance. The finding of the com /.
mission is to be received as prima
facie evidence of the facts in such
suits and the petitioner is absolved
from all liability for costs.
Another provision renders legal the
service of the orders of the commits
sion through the mails and provides
that these orders shall take effect 80
days after service unless suspended or
modified by the commission or sus-
pended or set aside by the courts. A
penalty or $4,000 for each offense in
disobedience of the order is imposed,
and tho " ~ 1o+o 90
the rate of SIS 200 a day in case Of con-
tinuous violation. Orders other thar
those for money payments are to be
enforced by the federal courts through
writs of mandamus or injunction . In
case of appeal to the supreme court
these cases are to be given precedence
over all others except those of Grim
inal character.
Jurisdiction and Appeal.
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 commission. and to provide
against the granting of interlocutory
4 DEGREES without hearings and making
, supreme court.
: Other provisions extend the deflni-
ton of the word railroads SO as to
. make it include switches, spurs, tracks,
. terminal facilities, freight depots,
yards and grounds and defines the
. word transportation" so as to make il
embrace cars and other facilities for
. shipment or carriage, irrespective of
ownership or of any contract" the in
. tention being to make the railroads
responsible for all special car service
. 1t is made the duty of carriers to fur
nish car service upon reasonable re-
!. quest
State amendments include Oil pipe
. lines, express companies and shipping
. car companies under the head Of "com.
. mon carriers and make them amen.
; able to the requirements of the bill.
. Other senate notifications prohibit
the issuance of passes or the granting
of special favors to one class of pas
sengers over another, prohibiting rail
! road companies from transporting
: commodities produced by themselves;
III
r switches at the reasonable request Of
Y shippers, prohibits the grant .ng or ac
ceptance of rebates and reinstate thu
Imprisonment penalty for violation Of
: the law.
Provides Heavy Penalties.
There are also changes in the Law
. relative to the reports to be required
of common carriers, and a penalty O
# 500 a day is imposed for failure tt
comply with the report requirement.
The commission is given access t.
the accounts Of the conapanies affected
81 by the act, but examiners are forbid
den under penalty of heavy fine ant
= long imprisonment from divulging th,
facts asoertained. Fines of $500 TO
each failure to keep proper account
IL is provided
Circuit and district courts of tn
s United States are given jurisdiction
!, over all complaints by the commission
y of failure to comply with it's order