The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-06-01
THE RAILWAY RATE BILL
Features Added to the Hepburn Bill
BY Amendments I'm the Senate,


The rate bill as it passed in the Scr
ate could hardly be recognized as the
original Hepburn bill save that the
essential principle-the. granting of
authority 20 the Interstate commerce
commission 10 fix a rate, says a Wash
ington dispatch 10 The New York Sun.
The first section was amended so rs
TO apply TO pipe lines used 70 convey
Oil. The author of the amendment.
Senator Lodge, said that it's object
was 10 bring the Standard and other
oil companies under the control OF the
Interstate commerce commission.
Further amendments to this section
includes express and sleeping car COM
panies, n prohibit issuance of free
passes, with, however, numerous ex-
ceptions. The next important amend
menr enacts that after May l, 1903,
no Interstate carrier shall engage in
the transportation of commodities of
its own in competition with shippers
over its lines. The amendment is in
tended to meet the complaint raised
against coal-carrying roads by indie
pendent coal operators, of discrimi-
nation in mOnopolizing transporta-
ton. Another amendment in the
same section requires carriers, on ap-
plication from shippers, to furnish
necessary switches, terminals and
connections. This amendment was
inserted in the bill on motion of Sen
ator Elkins. Like its predecessor, it
L Wac 1nfan6n6 tn moof tho 1nonloin = q
against coal roads running through
West irginia and Pennsylvania.
Section 2 has been practically re-
| written and yet there is little, if any,
change. 1t relates to the keeping and
publication of schedules. The mos:
important amendment to the second
section added by the Senate" says
The u correspondent, lis the re-en-
actment of the Imprisonment clause
of the Interstate m act,
which was repealed by the Elkins
anti-rebate law" This amendment
was offered by Senator Lodge. An
| other amendment to this section
works a forfeiture by any shipper
| who solicits and receives a rebate or
( discrimination, of al moun three
times the value involved in the rebate
Or discrimination, this penalty to be
recovered by the United States in a
| civil suit.
Section 3 relating to the procedure
Of the commission in the investiga-
| ton of complaints is unchanged.
Section 4 of the bill confers the
rate-making power On the commits
| sion and IN the last days of the bilrs
consideration, after it had left the
| committee of the whole and was be-
ing considered in the Senate, Senator
| Teller offered an important amend
| ment. This strikes from the section
I "in it's Judgment" where it is provided
that the commission shall prescribe
rates that are in its judgement just
and reasonable. "This amendment"
we are told, lis expected to be one of
the strongly contested points in the
| conference" The Senate also struck
out the words fairly remunerative,'
a qualifying a rate to he established
by h commission in lieu of one ad-
judged to be unreasonable. Another
amendment made by the Senate to
the same section makes the provision
| giving the commission authority over
joint rates and through routes apply
when n of tie connecting carriers
is a water line. The remainder of sec
ton 4 is as it came from the House
It provides that when the commission,
upon complaint and hearing, has ad-
judged a rate fixed by a common car
rier to he unjust" Or unreasOnab bic.
or u~njustly discriminatory, or unduly
preferential or prejudical," it ma ybe a
| termine and prescribe what will De
| just and reasonable rate, which shall
| thereafter be the maximum rate, and
| to order the carrier to desist from
| charging the unjust rate. This order
is to take effect within a reasonable
| time, mo- less tnan thirty days, and
| continue for a period not exceeding
two years unless modified by the COM
mission or set aside by the court"
J The Sun article says:
Section 5 of the House bill was pro-
ductive of more discussion than any
other section. AS it came from the
House it authorized the commission 10
award damages, provided the penalties
for disobedience of the commissions
orders 5000 for each separate offense)
and made each day of a continuing
violation a separate offence. 1t i S al
so provided appeals from the Circuit
1 Soul w liz ouAlCu OtdlCS OupICAS
Court, under the expedition act, of
suits brought to test the validity Of
he commissions orders. In these res
poets the section. was practically I'M
changed by the Senate. 1t, however,
contains the court review provided
in the much discussed amendment OF
Senator Allison, which was the basis
of compromise among Republican Sen
atOrs. 1t vests the Federal Circuit
Courts with jurisdiction to hear suits
to test the validity of the commissions
orders, including hearings on applica-
ton for preliminary injunctions, and
provides that no injunction interlo-
cutory order OF decree ~suspending Or
restraining the enforcement of an or
der of the commission shall be granted
except on the hearing after not less
than five days notice."
The remaining sections, six and
seven, are practically unchanged.
They relate to r~e-hearing before the
commission and the manner in which