The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1906-07-06
THE RAILROAD RATE BILL

| poitattou VI suSh property AZ DNed y,
the schedules OF rates provided for II
thls act. shall be deemed guilty or {
fraud. which Is hereby declared 10 b,
misdemeanor. and. shall. upon con
viction thereof In any oourt OF ths
United States OF competent jurisdic,
ton within the district where such of,
tense was committed, In addition e
say other penalties provided by this
act, be subjected 10 a fine equal 70
three times the sum OF money so re-
ceived or accepted. and three times thu
value OF any other consideration so re-
ceived or accepted. 10 be ascertlined by
the trial court: and In the trial for
such ofiense. all such rebates or other
considerations so received or accepted
for a period OF six years prior 10 the
commencement OF the action may be
considered. and the said fine shall be
three times the total amount OF money
or three times the total value OF such
considerations so received or accepted.
ar the case may be: Provided. that the
foregoing penalties shall not apply 10
rebates or considerations received prior
10 the passage and approva. OF this act.
In edition TO the above the commits
sion Is empowered TO make joint rates.
Orders Of the Commission.
Any carrier. any officer. representa-
tive. or agent OF carrier. or any re-
/ cstver. trustee. lessee, or agent OF
either OF them. who knowingly fails or
neglects to obey any order made un-
der the provisions OF section Is OF this
act. shall forfeit 20 the United States
the sum OF $1,000 for each oaerse.
Every distinct violation shall be n sep
arate offense. and in case OF a continu4
i-s violation each day shall he deemed
a separate ofrense
Provision for Court Review.
The ccurt-review provision OF the
bill is as follows:
II any carrier fails or neslects I,
obey any order OF the commission.
other than for the payment OF money,
while the same is in effect. any party
Injured thereby. or the commission IN
its own name. may apply 70 the circuit
court in the district where such carrier
has is principal operating Office. or in
which the violation or disobedience of
such order shall happen. for an en-
iorcement OF such order. Such applica-
ton shall be by petition. watch shall
state the substance Of the order and
the respect in which the carrier has
failed OF obedience. and shall be served
upon the carrier in such manner as the
court may direct. and the court shall
prosecute such Inquiries and make such
Investigations, through such means rs
/. shall deem needful in the ascertain
n,ent OF the facts at issue or which
ray arise upon the hearing OF such
petition II. upon such hearing as the
court may determine 10 be necessary.
X appears that the order was lawfully
made and duly served. and fnat the
carrier is in disobedience Of the same
the court shall enforce obedience 10
such order by writ OF injunction. or
other proper process, mandatory or
otherwise, 20 restrain such carrier ia
officers. agents or representatives.. from
further disobedience OF such order. or
70 enjoin upon IL. or them. ODE 1ienre 10 !
the same; and IA the enforcement Of
such process The court shall have those |
powers ordinarily exercised by Il in
compelling obedience 70 its writs Of 4
injunction and mandamus.
From any action upon such petition |
on appeal shall lie by either PARTY 10
the supreme court OF the United States.
AID in such court the case shall hav.
priority in hearing and determination
over all other causes except criminal
but such appeal shall Tot va
Gaze or suspend the order appealed
from.
The so-called Allison provision pro-
yides that al cases for the annulling
of a rate as made by the commission
should be brought in the district
where the carrier against whom such
order OF requirement may have been
made has its principal Office.
Other provisions OF the bin provide
hat the commission shall be empow-
red 10 require annual reports from all
Common carriers. and providing that
such reports shall be Of the fullest
character; giving the commission az
al times access 10 the books OF COM
non carriers, heavy penalties are en-
oined for false entries in accounts. A
inc Of $1,000 or Imprisonment for a
ERIN or two years. or both. is decreed
or any examiner who shall wrongly
iivulge Information acquired through
OF accounts. Circuit and
district courts are 70 have Jurisdiction
o issue writs OF mandamus compoll-
ng common carriers TO obey the or
lers Of the commission. Bills OF lad
ng are to be issued by any common
arrier accepting goods for Transports
Ion, making railroad companies liable
or loss or damage done in transit
yer their or any other line. The COM I
Mission IS empowered to employ spc- ,
ial agents or examiners with fun ;
owers.
This act takes effect and is in {
orce from and after its passage.
The interstate commerce commission '
I'll consist OF seven members. who I
hall draw salaries Of $4,000 per an !
nm |