New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-28
HEPBURN RATE BILL IN
House Committees Statement ET-
plains Purpose of Measure.

yyashineton. Ian. 27-Charmsn Hepburn to-day
reported 20 the House his Railroad Rate Dill with
the favora bic recommendation or the entre Repuo-
Iican and Democratic membership Of the Interstate
and Foreign Commerce Committee. The bill will
come up in the House next week
The report is a comprehensive explanation or me
measure. Before giving details as TO the intention
Of each section the statement is made that the ol
ts the nroduct OF several years consideration by
the committee It is made up from the nineteen
bills which were before the committee. ana the IN
formation contained I'm five volumes OF hearings
before the Senate and the House committees
The need for the proposed legislation Is SAID 10
be emphasized by the. demand which shippers have
been making for years. The object of the bill Is
simply to amend the present Interstate Commerce
law. which has been in force for twenty years, so
20 give the Interstate Commerce Commission
more power and make clearer some Of the pro
visions OF the law.
No attempt is made to authorize the commission
TO readjust freight classification. which Mr.. Hep
burn says his committee considers a much greater
power rates than that given in the bill Under
the measure the initiative in rate making is not
given 10 the commission. but under a grant Of
power to establish system Of freight classihca-
ton it would authority TO take the initiative
Little complaint it is said has been heard against
classification.
In attempting to correct the shipping evils the bill
provides, first. a broader definition Of the words
railroads and transportation so as to include
within the jurisdiction Of the commission the reg
ulation Of switches, private and terminal
charges Icing charges are required TO be included
in the published tariff schedules and thirty days
notice is required 10 be given before changes are
made in these schedules This latter requirement is
TO obviate what is known midnight tariffs" In
considering a complaint the Commission will have
authority 10 find conclusion" instead of as at
present finding facts and conclusions Facts are
70 be included in the finding only when damages are
to be awarded.
II IS Section 1 Of the bill which confers power
on the commission 10 establish a rate or to de-
clare what viii be a proper charge in a certain
instance. The report in this connection that
il is just 10 the commission TO STATE that none OF
its members think 1t wise that authority to take
the initiative in rate making should be conferred
upon II. It's jurisdiction IS confined to cases where
complaint had been made. when II is authorized to
declare what shall be A Just and reasonable and
fairly remunerative rate or rates. charge or
charges. 10 be thereafter observed in such case
as the maximum 10 be charged; and what regula-
ton or practice in respect 10 such transportation
Is just fair and reasonable thereafter to be fol-
lowed, and TO make an order that the carrier shall
cease and desist from such violation to the extent
10 which the commission ind the same 70 exist and
shall not thereafter publish, demand collect any
rate or charge for such transportation in excess
Of the maximum rate or charge so prescribed. and
shall conform TO the regulation or practice so pre-
scribed"
This order is TO go into effect thirty DAYS after
notice 70 the carrier and 70 remain in force unless
or court Of competent jurisdiction The existence of
the order is limited 70 q period Of three years It
Is explained that the word maximum" was used
in order that some fexibility might be given the
rate, and that the carrier might charge less sum
man that fixed by the commission. The commits
sion is empowered 10 TX the maximum allowance
10 shipper who furnishes his own cars or any IN
strumentality of transportation.
Additional requirements and restrictions are pro
vlded on the subject Of awarding damages receiv-
ing complaints, giving notice Of hearings. etc. A
penalty Of s. 900 is provided for violation Of an order
OF the commission The commission nav employ
counsel with the consent OF the Attorney General.
Authority is given to the shipper TO apply to the
circuit Court for the enforcement Of the commits
slons orders The court Is to enforce this order
by means OF Injunction. Appeals may be taken to
the Supreme Court direct. and such cases are to
have priority over all others, except criminal cases
Authority Is given the commission to prescribe the
exact manner in which reports shall be made bv
common carriers, ana the manner in which rail
roads are 10 keep their accounts. with penalty
provision against nOn-cOm pliance.
Access may be had all time to the books of the
carriers A fine Of 5000 Imprisonment for two
years Is the penalty provided for refusal TO allow
experts OF the commission 10 examine the books
OF such carriers. -9
The bin provides for two additional members Of
the commission. the term Of service for com
missioner being increased 70 seven years and the
salary 10 $1,000. anu 'e