The National tribune., 1906-04-12


portation OF persons or property as de-
fined in the first section of this act. or
that any regulations or practices what
soever of such carrier or carriers affect
ing such rates, are unjust or unreason-
able, or unjustly discriminatory, or un-
duly preferential or prejudicial, or 9TH
wise in violation of any of the provi-
sions of this act, to determine and pre-
scribe what will, in its judgment. be
the just and reasonable and fairly re-
munerative rate or rates, charge or
charges. to be thereafter observed in
such case as the maximum to be
charged: and what regulation or prac-
tice in respect to such transportation is
just. fair, and reasonable to be there
after followed: and to make an order
that the carrier shall cease and desist
from such violation. to the extent to
which the Commission find the same
10 exist. and shall not thereafter pub
lish. demand, or collect any rate or
charge for such transportation in ex-
cess of the maximum rate or charge
so prescribed, and shall conform TO the
regulation or practice so prescribed.
Such order shall go into effect 80 days
after notice to the carrier and shall
remain in force and be observed by
the carrier. unless the same shall be
suspended or modified or set aside by
the Commission or be suspended or set
aside by court of competent jurisdic-
ton. Whenever the carrier or carriers
IN obedience to such order of the Com
mission or otherwise. shall publish and
file joint rates. fares, or charges. and
rail- to agree among themselves upon
the apportionment or division thereof,
the Commission may after hearing
make supplemental order prescribing
the portion of such joint rate TO be re-
ceived by each carrier party thereto,
which order shall take effect as a part
of the original order.
Through and Joint Rates.
"The Commission may also. after
nearing on complaint establish
through routes and joint rates as the
maximum to be charged and prescribe
the division of such rates as hereinbe-
fore provided, and the terms and con-
ditionS under which such through
routes shall be operated, when that
may be necessary to give effect to any
provision of this act. and the carriers
complained of have refused or neglect
eG to voluntarily establish such through
routes and joint rates. provided no rea-
sonable or satisfactory through route
exists.
'If the owner of property transport
renders any service connected with such
transportation. or furnishes any instru-
mentality used therein, the charge and
allowance therefor shall be no more
than is just and reasonable, and the
Commission may, after hearing on
complaint, determine what is q rea-
sonable charge as the maximum to b.
paid by the carrier or carriers for the
service so rendered or for the use of
the instrumentality so furnished. and
fix the same by appropriate order.
which order shall have the same force
and effect and be enforced in like man
ner as the orders above provided for in
this section.
1.-The foregoing enumeration of now
ers shall not exclude any power which
the Commission would otherwise have
in the making of an order under the
provisions Of this act"
Award of Damages.
Sec. 5. That section 16 of said act, as
amended March 2. 1889, be amended
SO as to read as follows:
Sec. 16. That if. after hearing on a
complaint made as provided in section
l3 Of this act, the Commission shall
determine that any party complainant
is entitled to an award of damages un-
der the provisions of this act for a
violation thereof. the Commission shall
make an order directing the carrier. to
pay to the complainant the sum to
which he Is entitled on or before day
named.
'If carrier does not comply with
an order for the payment of money
within the time limit in such order the
complainant. or any person for whose
benefit such order was made, may file
in the Circuit Court of the United States
for the district in which he resides or
in which is located the principal op-
Grating office of the carrier, or through
which the road OF the carrier runs. a
petition setting forth briefly the causes
for which he claims damages. and the
order of the Commission in the prem
ises. Such suit shall proceed in all re-
spects like other civil suits for dam
ages, except that on the trial of such
suit the findings and order of the Com
mission shall be prima facie evidence
of the facts therein stated. and except
that the petitioner shall not be liable
for costs in the Circuit Court nor for
costs at any subsequent stage of the
proceedings unless they accrue upon
his appeal. If the petitioner shall
finally prevail he shall be allowed a |
reasonable attorneys fee. to be taxed
and collected as part of the costs of
the suit. All complaints for the recov- |
cry of damages shall be filed with the
time the cause of action accrues. and |
not after. and a petition for the en-
forcement of an order for the payment |
of money shall be filed in the Circuit
Court within one year from the date
Of the order. and not after.
Parties Joined in Suits.
"In such suits all parties in whose |
favor the Commission may have made
an award for damages by a single order |
may be joined as plaintiffs. and all of |
the carriers parties to such order |
awarding such damages may be joined |
as defendants. and such suit may be |
by such joint plaintiffs and |
against such joint defendants in any
district where any one of such joint |
plaintiffs could maintain such suit |
against any one of such joint defend
ants; and service of process against |
any one of such defendants as may not |
be found in the district where the suit
is brought may be made in any district
where such defendant carrier has its
operating office. In case of
such joint suit the recovery, IL any,
may be by judgment In favor of any
one of such plaintiffs. against the de-
fendant found to be liable to such