East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-11-22
to be unconstitutional, and the courts,
In so declaring, might invalidate the
anfira nnt

| ono sweeping section.
Section II, OF the proposed law, I!
in these sweeping terms:
Every railroad is hereby required
ITO furnish reasonable adequate service
equipment and facilities, and the
charge made for any service rendered
or to be rendered in the transporta.
tion of passengers or property or fol
any service in connection therewtf
or for the receiving, switching, deliv.
ering, storing, elevation and transfer
in transit, ventilation, refrigeration OF
Icing or handling OF such property, OIL
for union depot or terminal facilities
shall be reasonable and just and every
unjust and unreasonable charge fol
such service is prohibited and declar-
ed to be unlawful"
These regulations apply equally to
sleeping cars and private companies
terminals and switching and bridge
companies.
When the commission has made an
investigation of complaint of excessive
rates charged, and has ordered mod
ification of the rate, the order becomes
effective at once. The carrying COM
peny may appeal to the circuit court
and secure hearing, but in the mean
time the commissions rate order re,
mains in effect until such hearing Is
completed and the merits of the an.
peal are determined by the court
| This point is covered by the following
section:
Section 31-All rates. fares, charges
classifications and joint rates fixed by
the commission shall be in force and
shall be prima facie lawful. and all
regulations, practices and service pre-.
scribed by the commission shall be in
force and shall be prima facie reason.
abe, until finally found otherwise I'm
an action brought for that purpose
pursuant to the provisions of the next
! succeeding section Of this act.
Interchange of Traffic.
Provisions of the law cover the en-
forcement Of the interchange of traf-
fic between railroads, adjustment Of
contests over grade crossings. secur-
ing adequate and suitable depot and
tracks (section 22) and the connec-
ton Of intersection lines. the protec.
ton of grade crossings, the report and
| investigation Of accidents and claims
against the roads, and the uniform
classification of freight on all rail-
| roads within the state.
Fun power is given for Investigation
and determination of reasonable rates
fares, charges ana classifications. and
prescribing reasonable regulations and
practices, also equipment The com
| missions orders have become them
selves effective. Joint charges may be
created, and the charges apportioned
| between the carriers, if need he.
Rates, charges and practices not spe-
officially designated are covered gen.
orally and the commission may regu-
| late TO prevent unreasonablcness and
unjust discrimination.
judicial Review.
judicial review of the proceedings
/ of the commission is to be had by di-
rect action commenced in the circuit
court ON complaint Of the aggrieved
party, with a speedy trial insured and
right of appeal reserved. 1t is pro-
vided that injunction shall not issue
Suspending an order Of the commits
/ sion, except upon notice and hearing.
All actions brought under this section
shall have precedence over any civil
cause OF a different nature pending
i'm said court, and the circuit court
shall always be deemed open for the
trial thereof, ana the same shall be
tried and determined as other actions.
In all trials under this section and
sections 33, 81 and So hereof the bur
den cf proof shall be upon the plain
tiff to show by clear and satisfactory
evidence that the order Of the COM
mission complained of is unlawful, or
unreasonable, as the case may be.
The commission shall ascertain the
cost Of replacement and original con-
suuctiOn of the railroads, the !ndebt-
edness Of each, its gross and net in
come, salaries aad wages paid and
hours of labor, in order that the COM
mission may. have fun and authentic
information ON al matters pertaining
to the railroad; any commissioner.
or any person employed hy the cons
mission for that purpose, shah. upon
demand, have the right to inspect the
books and papers OF any railroad,
and to examine under oath any Of
ficer, agent or cmploye of such rail-
road in relation to its business ana
affairs.
Those Subject TO Law.
All railroads of whatever form of
motive power, union depot and ter
minal companies, express, sleeping
car, freight and freight line, car, oil
and tank line companies, are made
subject TO its provisions; however
the transportation of passengers by
street and electric roads is not affect
ed, nor are logging roads and other
strictly private railroads included.
The rate-making power of the
commission are In the first instance
revi"iory, and do not require 1t to
formulate an entirely new schedule.
The present schedule of rates (unless
otherwise ordered upon hearing) are
to continue In force until June 80.
1907, but the same are not to exceed
the rates effective November |, 1906.
The rates are generally subject to re-
view and alteration, either on COM
plant of an interested party or on
the commissions own motion (sections
&c, 2S) after notice and hearing.