The Western news., 1906-05-23
SENATE PASSED BILL.
ALL But THREE MEMBERS VOTED
FOR RAILROAD MEASURE.
1t Took Almost 70 Days of Debate
1t Gives the Interstate Commerce
Commission Power to Fix Rates
Circuit and District Courts Given
Jurisdiction Over All Complaints.

After 70 days of almost continuous
deliberation the senate has passed the
railroad rate bill by the practically
unanimous vote of II to 8. The three
negative votes were cast by Foraker,
republican, of Ohio and Morgan and
Pettus, democrats, of Alabama.
The Bills.
The principal purpose of the railroad
rate bill is to permit the interstate
commerce commission to fix rates. The
provision comforting this authority is
found in the fourth section of the bill,
which amends section Is of the inter
state commerce law so as to accom-
plish this result. That section directs
the commission to investigate COM
plants of unjust and unreasonable
charges on the part of common car
riers in the transportation of persons
or property, or of regulations or OF
practices affecting sucn charges. 1t
also authorizes an inquiry as to wheth-
er the rates or practices are "unjustly
discriminatory or unduly preferential
or prejudicial or otherwise in violation
of the act" and in case any of these
condition are found to exist the COM
mission is empowered to determine
and prescribe what will be the just and
reasonable maximum rate and what
regulation or practice is just, reasona-
ble 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 unless
suspended, modified or set aside by the
commission Or by court of competent
jurisdiction. Other powers conferred
by this section are to apportion joint
fares, establish through rates and
maximum joint rates. and prescribe
their division, and to determine the
compensation to be paid to shippers
doing service for carriers.
Section 16 of the present law is so
changed as to provide for an award of
pecuniary damages to complainants
found entitled to them, 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 ia
Gle evidence of the facts in such suits.
and the petitioner is absolved from all
liability for acts.
Another provision renders legal the
service of the orders of the commits
sion through the mails, and provides
that the 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
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, and
IN case of appeal to the supreme court
these cases are to be given preference
over all others except those of crimi-
nal character
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 hearing and making
appeals from such orders direct to the
supreme court.
Other provisions extend the defini-
tion of the word railroad so as to make
it to include switches, spurs, tracks,
terminal facilities, freight depots,
yards and grounds, and defines the
word transportation" so as to make it
embrace cars and other facilities for
shipment or carriage, irrespective of
ownership or of any contract" the in
tention being to make the railroads re-
sponsible for all special car service.
L is made the duty of carriers to fur
nish special car service upon reasona-
Bile request.
Senate amendments include oil pipe
lines. express companies, and refrig-
orator car companies under the head
of common carriers" and make them
amenable to the requirements of the
bill
Prohibition Against Passes.
Other senate notifications prohibit
the issuance of passes or the granting
of special favors to one class of pas
sengers over another; prohibit rail
road companies from transporting
commodities produced by themselves
require such companies to put in
switches at the reasonable request OF
shippers; prohibit the granting or &C
peDtance of rebates and reinState the
Imprisonment penalty for violation oi
the law.
There are also changes in the law
relative to the reports to be required
of common carriers, and penalty OF
$100 a day is imposed for failure to
comply with the report requirement.
The commission is given access te
the accounts of the companies affected
by the act, but examiners are forbid
IS ~