The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-23

in carrying to which the relaive power
of congress extends under the action
of the United States by the transpor-
tation of persons or property wholly
by railroads or by transportation of
persons or property partly by railroad
and partly by water when both are
used for a continuous carriage or ship
ment Said provisions shall also ex-
tend to all the facilities and instrument
talities connected Herewith, whether
owned or provided by the carrier or
not"
It provides that all charges of what
ever nature shall be just and reason
able. When rate is unreasonable the
committee shall order IL reduced and
be the maximum to be observed by the
carrier and when the commission shall
order a practice to be changed 1t snail
be observed by the carrier"
Review Provision.
The review provision is as follows:
Section 5-That the orders OF the
commission except orders for the pay
nent of money, shall take effect with
in such reasonable time as shall be pre-
scribed by the commission and shall
continue for such period OF time, not
exceeding two years. as shall be pre-
scribed in the order Of the commits
sion unless sooner set aside by the com
mission or suspended or set aside by
order OF a court in suit TO test the
lawfulness of said order; but any car
rter. person or corporation party TO the
proceedings affected by the decision
of the commission as to the rate or
practice covered by the complaint or
by its. order prescribing a different rate
or practice and alleging either or both
to be a violation Of its or his rights
may institute proceedings against the
complainant and interstate commerce
commission In the circuit court Of the
United States for the district in which
any portion of the carrier or carriers
that were parties to the complaint may
be located, sitting as a court or equity,
to have such questions determined,
but IN no other way shall the lawful
ness of such order be questioned ana IN
all such proceedings the court shall
have power to make order to secure the
anpearance of parties from any part
of the United States aid the existing
laws relative to evidence and to pro-
ceedings under the acts to regulate
commerce shall be applicable. Pro-
Vfded, however, that no order OF the
commissioner reducing a rate shall be
set aside or suspended by an interlocu-
tory decree of the court without requir-
ing a deposit of excess charge or sur
ficient bond to secure the parties en-
titled thereto the repayment, IL the
commissioners order is sustained, Of
all moneys received by the carrier IN
excess of the rate fixed by the commits
sion and the court shall determine in
such interlocutory decree what prac-
tees shall be pursued by the parties,
pending the litigation, in order to make
this right of payment certain and ef-
fective."
1raNF To a lie
follows:
Section e-That in all proceedings
arising under this act in which the
United States or the interstate COM
nerce commission is a party, an appeal
from the final decree of the circuit
court shall lie only to the supreme
court and must be taken within thirty
days from the entry thereof. No APP
peal shall operate as a stay or SUPER
sedeas Of the decree appealed from"
To Buy Coal Lands.
The bill authorizing the purchase of
coal lands in the island Of Batan. p =
at 4 cost Of 1000. was passed, as WAS
also the bill amending the Philippine
tariff law on textile fabrics and SHOES.
At the request OF Mr., Hale, chairman
of the committee on naval affairs, the
bill providing for the punishment of
haZing at the Tava1 academy at An
napolis, was taken up and discussed at
/ length.
Mr.. Dick advocated extreme meas
ures, saying that nothing less would
accomplish the desired result. He said
| that he had investigated the hazing
| practice and was prepared to pro-
nounce it "an educator in brutality"
! He considered it a crime out of har-
mony with the office held by the mid
shipmen.
/ An amendment authorizinT the presf-
/ dent to set aside dismisssls for hazing
/ within the present year, offered by Mr..
/ Newlands, was voted down.
After further discussion, in which
| Senators Tilman, Lodge, SpOoner,
/ Hale. Nelson and Hopkins took part
/ the bill was passed without division.
At 4:4O the senate went into executive
! session and at 4:45 p. m. adjourned un-
/ ri Monday