Morgan County democrat. (Versailles, Mo.) 1900-1906, 1906-07-06
THE RAILROAD RATE BILL

81 VI hohSc
this act, shall be deemed guilty Of Q
fraud, which is hereby declared to DO
o misdemeanor, and, shall. upon con.
viction thereof In any court OF the
United States Of competent ~jdrisdic.
ton within the district where such OF.
fenst was committed, in addition 10
any other penalties provided by this
act, be subjected to . fine equal to
three times the sum Of money SO re-
ccived or accepted, and three times the
value OF any other consideration 80 re-
ccived or accepted, to be as%certained By
the trial court; and in the trial for
such %offense, all such rebates or other
considerations SO received or accepted
for a period Of six years prior to tho
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,
nc the case may be: Provided, that the
foregoing penalties shall not apply to
rebates OF considerations received prior
to the passage and approval OF this act,
In addition to the above the commits,
sion - empowered to make Joint rates
Orders Of tho Commission.
Any carrier, any officer, represents.
tive. or agent of a carrier, or any re-
%cetver, trustee. lessee, or agent OF
either OF them, who knowingly tails o,
neglects to obey any order made IN.
der the provisions of section Is OF thii
act, shall forfeit 70 the United Statea
the sum OF $1,000 for each offense
Every distinct violation shall be a sep
aratG %offense, and In case Of a continu.
ins violation each day shall DO deemed
n separate offense.
Provision for Court Review.
The court-review provision OF the
bill Is as follows:
II any carrier fails or neglects 10
obey any order OF the commission
other thar for the payment OF money,
while the same ia in effect, any party
injured thereby. or the commission in
its name. may apply to the circuit
court in the district where such carrier
has its principal operating Office. or Ia
which the violation or disobedience Of
such order shall happen, for an On.
forcement OF such order. Such applica.
ton shall be by petition, which 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 name as the
court may direct. and the court shall
prosecute such inquiries and make such
Investigations, through such means az
l. shall deem needful in the ascertain.
ment OF the facts at issue or which
may arise o the hearing OF such
petition. If, upon such hearing as the
court may determine to be necessary,
ii appears that the order was lawfully
made and duly served, and that the
carrier Is in disobedience OF the same.
the court shall enforce obedience TO
such order by a writ of injunction, or
other proper process, mandatory or
otherwise, to restrain such carrier, its
officers, agents o r representatives, from
further disobedience OF such order, or
to enjOin upon 1t. or them, obedience to
the same; and IN the enforcement OF
such process the court shall have those
powers ordinarily exercised by 1t in
compelling obedience to its wits of
injunction and mandamus.
From any action upon such petition
on appeal shall lie by either party 10
the supreme court OF the United States,
and in such court the case shall have
priority In hearing and determination
nyar nil nthnr pansQc aypnnt 4 criminal
causes. but such appeal shall rot va
cate Or suspend the order appealed
from.
The s'-called Allison provision pro-
vldes that all cases for the annullinA
Of a rate IS 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 bill provide
that the commission shall be empOw.
cred to require annual reports from all
common carriers, and providing that
such reports shall be OF the fullest
character; giving the commission al
all times access to the books OF cOIn.
mon carriers, heavy penalties are en-.
joined for false entries In accounts. 4
fine OF $1,000 or Imprisonment for 4
term cf two years. or both, Is decreed
for any examiner who shall wrongly
divulge Information acquired through
examinations of accounts. Circuit and
district courts are to have jurisdiction
to issue writs of mandamus cOmpeil'
ing common carriers to obey the or.