New-York tribune., 1906-08-27


existence until Tuesday. and will not formally
organize until September T. the .npossibility Of
making any promises at present is obvious BY
ahe time the commission organizes, the COM
Pannes VIII be amenable under the law for failure
70 hie their schedules, and If they called 20
account for their shortcomings It will then be in
order FOR them TO demonstrate to the satisfaction
OF the commission that IL was physically impos-
sihle TO comply. The commission may then be
able TO decide whether II should exercise its pre-
roKatVe and grant a reasonable extension of
time IL II is convinced the petitioner IS making
earnest effort to comply with the law at the
earliest practicable moment
The law for the last two months has been
haustively studied under the midnight lamps OF
lawyers. traffic men, operating men, shippers.
ACKNOWLEDGEMENTS In the land. I'm fact.
Recently the commission had $4,000 copies of the
amended law, together with the EllSins and
lated acts. printed. In a few days all were gone.
Every big system Of roads asks from 500 TO 800
copies The commission could not supply the de-
mand for copies, aud private establishments in
Washington have made a good thing by produc
Ing a little booklet which is simply reprint OF
the commissions book, and lt IS sold at a
sonable price.
The work of the secretaries and clerks of the
commission has been heavy I'm anticipation of
the enforcement OF the new law The mail sent
out in July weighed five and a half tons. The
record for one day, IN what was ordinarily the
duisest season OF the year GOO letters re-
ceived and 9144 letters sent out.
FEATURES OF THE LAW
The most important provision of the new stat
ute confers the Interstate Commerce Com
mission the authority. complaint, TO examine
into any charge or practice OF a carrier alleged
TO be unjust, and when such allegation is sus-
tanned to prescribe what shall be a just and
sonlabls maximum rate or charge regulation or
practice.
The act defines common carriers owners OF
pipe lines engaged in the transportation OF oil
or other commodity, except water and natural
or artificial gas: also sleeping and express
companies. and all forms of private cars. ter
minals. switches and spur tracks.
Carriers must print and post in conspicuous
places all tariffs and charges. and such charges
cannot be changed without thirty days notice
to the public and to the Interstate Commerce
Commission. except where the commission
valves such notice. They are required in time
OF war threatened war on demand Of the
President. TO give preference and precedence to
the transportation OF troops and munitions Of
war. Every person, company corporation.
whether carrier or shipper, is prohibited from
offering. granting. giving. soliciting, accepting
receiving any rebate. preference or discrimina-
ton.
Carriers are also required TO issue bills OF
lading for all shipments accepted. and shall be
liable TO damage for the loss or injury Of any
property for which a bill of lading is given. and
contract. receipt, rule regulation shall ex-
empt the carrier from liability.
PENALTIES FOR VIOLATIONS.
Heavy penalties. and IN some instances I'M
prisonment are prescribed for violation OF the
provisions of the act, individuals and corpora
tions alike 20 be held guilty Of misdemeanor for
any violation wilfully committed and the cor
porations and individuals are held responsible
for the acts OF any agent Failure to publish
tariffs entails fine Of not less than $1,000 and
not more than $4,000.
Granting or accepting of rebates or kindred
Determinations entails fine OF not less than
81, 900 and not more than $4,000, and the indt-
vidual guilty of such act is liable 10 imprison-
rnent for not more than two years, in addition
10 the fine I'm the discretion OF the court.
ANY shipper who wilfully accepts a rebate
discrimination must, in addition 70 the above
penalties, pay to the United states three times
the value OF such rebate or discrimination. ana
the Attorney General is required TO bring civil
suit 20 recover this penalty whenever he believes
such violation OF law has occurred.
The authority OF the Interstate Commerce
Commission fix maximum rates refers not
only TO single but TO joint rates, and applies
where OF the parties 10 the joint rate is q
water line
For failure to obey order of the commits
sion the carrier fOrfettS TO the united states
IS, 900 for each offence. and each day OF a con-
tinuIng violation is deemed separate offence
Where the Interstate Commerce Commission
orders q refund TO shipper and the carrier
fails so TO refund the shipper may institute civil
suit to recover; the finding Of the commission
constitutes prina facie evidence OF the facts. and
the petitioner is not liable for the costs in the
court or az any subsequent stage Of the proceed
ings and If the petitioner finally prevails a rea-
sonable attorney fee is allowed him.
COAL ROADS AND PASSES.
Common carriers are prohibited. and after
May !, 1903, from transporting across any state
or territorial line any article commodity other
than timber and the manufactured products
thereof. manufactured, mined or produced by IT
or under fits authority. They are required 20
construct and operate uron reasonable terms
sidetracks and switch lines and TO furnish cars
for the movement OF traffic without discrimina-
ton, and TO furnish equally good accommoda-
tions 10 all persons paying the same fare
The issuance Of passes or free transportation In
any form 20 all persons, except employees of car
riers and their families and certain exempted
classes after January j, 1907, is forbidden. and
a penalty Of not less than 500 nor more than
$1,000 is provided, not only for the person issu-
ing such free transportation, but also for the
person applying for or accepting IL.
The commission IS authorized TO require the
most comprehensive statistics from all common
carriers regarding their business, under a PEN
atty the carriers OF 500 for every day in de-
fault
The commission is authorized to prescribe the
form OF ali accounts kept by carriers. shall con-
stantly have TO all records, accounts and
memoranda kept by them, refusal TO grant such
access entatling penalty OF 5000 for each OF
fence or for each day such refusal is maintained.
False entries made by my person keeping the
books OF a carrier are made punishable by a fine
of from $1,000 20 $1,000. or Imprisonment for
from one 70 three years, or both
Authority conferred on the commission 20 pre-
scribe practices, etc, includes not only switch
CHARGES services. icing