The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1906-05-25
Commission TO FIX
Rates FOR ROADS
BILL PASSED BY SENATE GIVES
POWER TO DETERMINE
JUST MAXIMUM.
Interstate Board Orders Hold Good for
Two Years Unless Suspended or
Modified-Heavy Penalty for Fail
ure to Comply.

purpose of the railroad rate bill.
passed by the senate Friday by vote
OF II to 3, is to permit the interstate
commerce commission to fix rates.
The provision comforting this authori-
ty is found in the fourth section of the
bill which amends section Is of the
interstate commerce law so as to &C
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. 1t
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 its orders and they
are to go into effect within 80 days and
continue in force for two years un-
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
sation to be paid to shippers doing
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 complainants
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
facfe 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 &c
days after service unless suspended OF
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 the penalty is to accumulate at
the rate of $4,000 day in case of con-
tinuOus violation. Orders other than
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
DEGREES without hearings and making
appeals from such orders direct to the
supreme court.
Other provisions extend the defini-
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 i.
embrace cars and other facilities fol-
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;
require such companies to put in
switches at the reasonable request OF
shippers, prohibits the granting or &C.
ceptance of rebates and reinstate the
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 OF
! 800 day is imposed for failure tc
comply with the report requirement
The commission is given access tc
the accounts of the companies affected
by the act, but examiners are forbid
den under penalty of heavy fine anC
long Imprisonment from divulging the
facts ascertained. Fines of $500 70,
each failure to keep proper accounts
is provided.
Circuit and district courts of the
United States are given jurisdiction
over all complaints by the commission
of failure to comply with it's order.
and such courts are required to issue