The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1906-05-22
RATE BILL PASSED
Senate Approves Measure Giving
the Interstate Commission
Power to Fix Rates.
MANY AMENDMENTS MADE.

Express Companies, Etc, Defineo as
Carriers - Senators Answer Critic.
Rayner Attacks President.
! Washington, May %. The senate has
passed the Hepburn railroad rate bill,
reported from the house. Only three
genators-F Foraker, Morgan and Pettus
voted against the bill. The yeas were
II.
After seventy days of almost contin-
nous delberation the senate passed the
bill which has received more attention
from the senate and from the country
at large than any measure that has
been before congress since the repeal
of the purchasing clause Of the Sher-
man act in 1893.
Principal Purpose Of Bill.
The principal purpose of the railroad
rate bill is to permit the interstate
commerce commission to fix rates. The
provision comforting this authority di-
reefs the commission TO investigate
complaints of unjust and unreasonable
charges on the part of common carriers
10 the transportation of persons or
property. 1t also authorizes an inquiry
as to whether 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 conditions is found to ex-
ist the commission is empowered to de-
fermine and prescribe what will be the
Just and reasonable maximum rate and
what regulation or practice is just rea-
sonable and fair Further, authority is
given the commission to enforce its or,
ders, and they are to go into effect
within thirty days and continue in
force for two years unless suspended,
modified or set aside by the commits.
sion or by court of competent juris-
diction. Other powers conferred by
this section are:
TO apportion joint fares. establish
routes and maximum joint rates and
prescribe their divisions and to. deter
mine compensa ton to be paid to ship
pers doing service for carriers. The
present law is so changed as to pro-
vide for an award of pecuniary dam
ages 10 compliments found entitled,
and in case payment is not promptly
made In accordance with this award
the beneficiary is authorized to file suit
III United States circuit court to com
bel compliance. The finding of the
commission 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 commission through
the mails and provides that these or
ders shall take effect thirty days after
service unless suspended or set aside
BY the courts A penalty of $1,000 for
each offense in disobedience of the or
der is imposed, and the penalty is to
accumulate at the rate of $1,000 day
Ia case of continuous violation. Or
ders other than those for money pay
ments are to be enforced by the fed
eral courts through writs of mandamus
or injunction, and in case of appeal to
the supreme court these cases are to be
given precedence over all others ex
cept those of a criminal character.
Courts Given Review Power.
The bin 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 also 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 railroad 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
1t 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 1t
Is made the duty of carriers to furnish
special car service upon reasonable re
quest.
Senate amendments include oil pipe
lines, express companies and sleeping
car companies under the head Of com
mon carriers and make them amena-
BILE to the requirements of the bill
Other senate notifications prohibit the
issuance of passes or the granting of
special favors to one class of paSsen-
gers over another prohibit railroad
companies from transporting commod-
tiles produced by themselves, require
such companies to put In switches at
the reasonable request of shippers, pro
hibit the granting or acceptance of re-
bates and reinstate the Imprisonment
penalty for violation Of the law
There are also changes In the law
relative 70 the reports to be required
Of common carriers, and a penalty of
800 day IS imposed for failure to
comply with the report requirement.
Railroads Must Show Books.
The commission Is given access to
the accounts Of the companies affected
by the act. but examiners are forbid
den under penalty Of a heavy fine and
long Imprisonment for dvulging the
facts ascertained Fines Of $500 for
each failure 10 keep proper account is
provided A Justification Of accounts is
made punishable BY tine and lmprison-
ment
Circuit and district courts Of the
United States are given Jurisdiction
over all complaints BY the commission
sf failure to comply wiki it's orders,
ana sucn courts are required 10 issue
wrifs Of mandamus connecting such