The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1906-05-24

;enatoEs than ususal. but the atten'
dance in the galleries was by no
means abnormal, and there was no
manifestatit o1any kind when the
result was announced. There was.
aOweyer, an almost general sigh OF
relief among senators. Tha bill has
received more attention from the
s-nate and from the country at large
than any measure that has been be-
fore congress since the repeal OF the
purchasing clause of the Sherman act
n 1893.
SUMMARY OF THE BILL.
The principal purpose of the rail
road rate bill passed Thuradsy Is to
permit the interstate commerce COM
mission to fix rates. The provision
conferring this authority 1s found In
the fourth section Of the bill and
amends section Is Of the Interstate
commerce law 90 ss to accomplish
that result. That sections directs the
commission to investigate complaints
uf unjust and unreasonable charges on
The part Of common carriers in the
transportation OF persons or property
Or of regulations or Of practices al.
fectipg such changes. It also autho-
rlzes an INQUIRY as to whether the
rates or pracuices ara "unjustly dis
ciiminatory OF unduly preferential or
.prejudlciaI or otherwise T. 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, author
ity Is given the commission to enforce
its orders aod they are to 60 into ef-
feet within 80 days and continue IN
force for two years unless suspended,
modified or set aside by the commits
SIGN by a court Of competent jurisdic'
Ion.
Other powers conferred by this
8 ction are: to apportion joint faresi
establish through routes and max.
mum joint rates and prescribe their
division and to determine the con-
pensation to be paid to shippers doing
service for carriers. Section l6 Ct the
present law is 80 changed as to pro.
vide for an award of pecuniary dam
lges to ccmplsinants found snt'Uied
and in case payments are not promp'
uly made in accordance with this
award the beneficiary iS authorized to
ile suit In a United States circuit
court to compel compliance. The find
lngs Of the commission is to be re-
csived ss prima facie evidence of the
facts in such suits and the petitioner
ls absolved from al liability for costs
Another provision renders legal the
service Cf the orders of the commits
sion through the mails and provide!
that these orders shall take effect 81
days after service unless suspended ol
modified by the commission or suspen
ded or set aside by the courts. A pen
atty Of s5, 600 for each offense in dis
obedience of the order is imposed
and the penalty is to accumulate q
the rate of 1000 day in case O.
continuous violation. Orders othe!
than those for money payments ar
% be enforced by the federal court
through..writs of mandsmus or injunc
5ion and In case Of appeal to tn
supreme court, these cases are to b'
given precedence over all others eX
cept those Of a criminal character.
The bill was amended by the senate
50 as to give the United States cir
cult courts Jurisdiction to entertain
suits brought to annul or change tht
orders Of the com mission and also IL
provide against the granting OF inter
locutory DEGREES without hearings ant
making appeals from such orders di
rect to the supreme court.
Other provisions extend the deini
uicn Of the word railroad" 30 as tt
make it include switches, spurs
tracks, terminal facilities, freight de-
pots, yards and grounds and defines
Transportation" 80 as to make 1t EN-
brace cars and other facilities fol
shipment or carriage, irrespective Of
ownership or Of any contract" the
intention being to make the railroadt
responsible for al special Cdr service
1t Is made The onty of carriers to fur
nish, special car service upon reason
al le Que.t
Senate amendments include OF.
pipe lines, express companies ano
sleeping car companies under the
head of "comuon carriers" and make
them ame1sble to the requirement.
OF the bill. Other senate modifca.
tions prohibit the issuar CO OF passes
or the granting OF special favors tt
one class OF passe ngers ever another,
prohibit railroad comps MES from
transporting commodities produced
oy themselves; require combines to
put in switches at reasonable r!ouest
of shippers; prohibit the granting or
acceptance Of rebates, and reinstate