The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-06-23
unreasonable transportation charges
by withholding authority for a valUa-
ton of railroad property.

uAACdooAdUlS lIdIlSpOTlallOn charges
by Withholding authority for a valUa-
ton of railroad property.
Appears in New Form.
Soon after the bill was brought in
announcement was made that It
must be put through without change.
This announcement was not taken
seriously by the insurgents in either
the senate or house. and as a result
of their four months campaign the
bill comes out in entirely new form.
Senator La Toilette has prepared
a summary showing what has been
accomplished by the insurgents. He
points put that:
L. The bill has been amended by
providing that the proposed law shall
not be construed as enlarging the jur-
lsd1ct1On now possessed by the courts
to review and set aside the orders OF
the commission.
2. 1t has been amended by a pro-
vision which permits appeals to tho
supreme court from the ~interlocutory
orders of the court Of commerce.
3. The commission has been au-
thorized to employ counsel and to ap-
pear In the court of commerce and
defend its orders.
4. 1t has been amended by requir-
ing five days notice to the commits
sion and opportunity for hearing be-
fore a temporary restraining order
shall be issued by the court Of COM
merce.
May Prosecute or Defend.
s.. Under amendment interested
parties may intervene in the court OF
commerce and prosecute or defend
the orders Of the commission made
in their behalf.
6. It has been so amended that
In cases and proceedings in the court
of commerce and the supreme court
the encouragement shall not dispose
of any suit or proceeding over the
objection of the interstate commerce
commission or any interested party.
=. The privilege conferred on tho
railroads of appearing before the
court of commerce with a prepared
case and securing in advance a de-
cree has been stricken from the bin
8. The provision legalizing agree
and classification, has been stricken
from the bill.
9. The three sections relating to
the control of railroad capitalization,
the sections which propose to legal
ize existing capitalization, have been
stricken from the bill.
10. The original measure has been
so amended as, to bring telephone and
telegraph COMPANIES engaged in the
transmission of interstate messagexs
under the supervision and control OF
the interstate commerce commission,
as to rates and+seryices.
Hearing Before Injunction.
IL. 1t has been so amended as to
require carriers engaged in interstate
commerce to maintain an Office in
washington or an agent IN whom
services can be made in all actions
and proceedings before the interstate
commerce commission or the court Of
commerce.
70. 1t has been SO amended as to
provide that no injunctional order
suspending or restraining the action
of any officer of a state, in the en-
forcement of a state statute. shall DO
granted or issued by the federal, cir
cult or district courts, upon tne
ground of the unconstitutionality Of
the state statute, unless tnere shall
be a hearing before three judges.
~. It has been so amended as to
prevent the making OF a lower rate
for a longer than for a shorter dis
lance whenever the commission finds
that the lower rate will. destroy wa
ter traffic.
IA. Provision is made under
which it is believed the injustices
done to shippers under the long and
short haul clause Of the old law may
be stopped.
is. 1t has been SO amended that
any new fare, charge or classification,
filed by the commission for ten
months unless sooner declared by the
commission to be Just and reasonable.
Burden Of Proof on Roads.
16. 1t has been so amended that
IL any case involving the reasonable
ess of a rate increased after jan
nary 1, this year, of any rate which
the railroads may seek to increase
after the bill becomes a law, the bur-
den of proof to show that the increas-
ed rate is Just and reasonable Is
placed upon the common carrier. In
other words, 1t shifts the burden in
regard to these rates from the COM
plainants to the railway company.
HfE ~