The Caucasian. (Clinton, N.C.) 188?-1913, 1906-05-24
PROVISIONS OF BILL
The Famous Rate Law IN Its
Amended Form
A FAIR AND CONSERVATIVE LAW
The Provisions of the Bill as it Pin
ally Became Law-Plan of Court
Review and Exceptions.

The principal purpose of the rail-
load rate bill as passed by the con
..lp.- ut its present session, is TO per-
r.,r the Interstate Commerce Commits
-I.u 10 fix rates. The provision con-
gauing this authority is found in the
fourth section Of tie bill, and amends
.rrr,un fifteen Of the Interstate Com
mrrrr Commission to fix rates The
provision conferring this authority is
.ound IN the fourth section of the bill,
aId amends section fifteen Of the In
.sr~tatc Commerce laws so as to ac-
complsh that result. That section di-
reefs the commission to investigate
Complaints of unjust and unreasonable
charges on the part Of common ear
rrl. iii the transportation Of persons
ur property, or Of regulations Or of
laacticcs affecting such changes. 1t
also authorizes an inquiry as to
whether the rates or practices are
"uujustiy discriminatory or unduly
preferential or prejudicial or other
ti,r IN violation of the act, and in
ease any OF these conditions are
found to exist. the committee is en-
powered 10 determine and prescribe
shat viii be the just and reasonable
maximum rate, and what regulation
ur practice is Just, reasonable and
air. Further, authority is given the
commission to enforce its orders, and
lhry are to 90 into effect within thir-
" days, and continue in force for
t"o years, unless suspended, modi-
fed or set aside by court Of COM
petent jurisdiction. Other powers
conferred by this section are: To APP
portion joint fares, establish through
routes and maximum joint rates and
prescribe their division and to de-
termine the compensation to be paid
10 shippers doing service for carriers.
Award of Damages.
Section 16 of the present law is SO
changed as to provide for an award of
pccuniary damages to complainants
found entitled, and in case payments
are not promptly made in accordance
with this award. the beneficiary Is
authorized to Tile suit IL a United
States cIrcuit court to compel com
pllance The findings of the commits
sion are to be received as prima facie
evidence OF the facts III such suits
and the petitioner is ebsolved from
all liability for costs. Another pro,
vision renders legal the service of tnC
orders of the commission through tht
mails, and provides that these order:
shall take effect thirty days afte1
service unless suspended or mordifieC
by the commission or suspended o.
set aside by the courts.
Penalties.
A penalty Of $1,000 for each Of
fenS2 N disObedience OF the order i
imposed, and the penalty is to ac
cumuiate at the rate OF $4,000 da,
III case of continuous violation. Or
ders other than those for money pay
mentS are to be enforced by the fed
eral courts. through writs of manda
mus or injunction. and III case Of az
peal to the supreme court. these ease
are to be given procedure over al
others except those Of a crimina
character.
Court Review.
The bill was amended by the sen
ate so as to give the United State
circuit courts jurisdiction to enter
tain suits brought to annul or chang
the orders of the commission, and ais
to provide against the granting of IL
ter!ocutory decress without hearing
and making appeals from such order
direct to the supreme court.
Other provisions extend the def
milton of the word "railroad' so q
TO make it include switches. spur
tracks, terminal facilities. freigl
deposit yards and grounds, and d.
fines transportation so as to max
it embrace cars and other facilitie
for Shipment or carriage. "irrespe'
tive Of ownership or of any contact
the intention being to make the raj
roads responsible for all special ca
riers to furnish special car service u
on reasonable request.
Senate Amendments.
Senate amendments. include oil PHI
lines, express companies and shippil
car companies. under the head
common carriers and make the
amenable to the requirments of Il
bull Other senate notifications pr
hlbit the issuance of passes or 4
granting of special favors to one ella
OF passengers over another, prohil
railroad companies from transportil
commodities produced by themselv
require companies Of shippers; prol
bit the granting or acceptance Of ]
bates, and reinstate the imprisonme
penalty for violation Of the law.
There are also changes In the Il
relative to the reports to be requir
OF common carriers, and a penal
OF $loO day is imposed for failu
. to comply with the report requi
meat.
The commission is given access
the accounts of the companies