Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-07-21
NEW RAILROAD LAW
Commerce Court To Have Juris-
dictiOn Now Possessed BY
United States Circuit
Court
SOME ESSENTIAL FEATURES
The President Authorized To AppOin
COmmissiOn-.Th Commissions
Powers


The most notable provision of the
administration railroad bill, 4" which
has Just become law, is for Com
merce Court This tribunal is to have
the jurisdiction now possessed by
United States Circuit Courts over the
enforcement Of orders of the Inter
state Commerce Commission, with
certain specified exceptions. The ex-
ceptions include orders for the pay
ment of money, cases to annual orders
of the Commission, and mandamus
proceedings provided for in Sections
/ 20 and % of the act of February 4,
1887.
The Commerce Court is to be COM
/ posed of five judges, appointed from
among the circuit judges by the Chief
Justice of the Supreme Court for five
years. In the first instance, however,
the court is designated by the Presi-
dent to serve for one, two, three, four
and five years, respectively, in order
that the term of one may expire each
year thereafter.
An appeal from a decision of the
Commerce Court may be taken within
sixty days to the Supreme Court, but
such an appeal is in no case to super
sede or stay the decree of the Com
merce Court unless the Supreme Court
so directs. Appeals from it to the
Supreme Court have priority over all
other causes except criminal cases.
Suits brought to stay an order of the
Commission do not suspend the opera
tion of the order unless expressly
directed by the Commerce Court.
The provisions of the interstate
commerce act are extended to include
persons and corporations transporting
oil or any other commodity Except
water and natural gas in pipe lines),
telegraph and telephone companies,
both wire and wireless, cable compa-
nies express companies and sleeping
car companies. All service in connec-
tion with the receipt delivery eleva-
tion and transfer in transit ventilat-
ing rerigerating, icing, storage and
handling is included in the term
transportation as used in the act
The Commissions powers over
rates are greatly increased under
the new law. When q. new rate is
proposed the Commission may suspend
it for 12o days in addition to the usual
thirty days notice pending an inves-
tigation of its reasonableness. If the
time for investigation is not sufficient
it may be extended for an additional
six months. The Commission must
give preference over all other matters
to questions concerning rates and rem
der the speediest decision consistent
with a proper consideration of the
| issues.
If the Commission finds a rate or
regulation unreasonable, unjust or dis
criminatory, it may fix a reasonable
rate, and may also act upon its own
| initiative without waiting for a for
NAL complaint. Orders of the Com
mission are to take effect in not less
than thirty days and are to remain in
| force not more than two years, and
may be modified or suspended by the
! Commission or the court. If carriers
fail to agree OH the division of joint
rate the Commisson, after hearing.
| NAV apportion the rate. If carriers
neglect to establish through routes
and rates the Commission is empow-
cred to do so.
The new act makes it unlawful for
common carriers to charge more tor
the transportation of passengers or
freight for a short distance than for a
longer haul in the same direction on
| the same line, the shorter being in
cluded within the longer distance; or
to charge more as a through route the
aggregate of the intermediate rates,
but this is not to be construed as
authorizing any carrier to receive as
great a compensation for shorter
as for a longer distance. The Com
mission is empowered, however, to
authorize a carrier to charge less for
longer than for shorter distances in
special cases.
Rates now existing are not to be
changed by reason of this act with
in six months after its passage. If
a railroad cuts rates to compete
with water route it may not there
after increase the rates unless II
can show at a hearing before the
Commission that the proposed in
crease is due to other conditions
than the elimination of water com
petition.
Any officer or agent of carrier
who knowingly assists or permits any
person to obtain transportation at less
than regular rates through false bill
ing, classification or weigh or any
other means, is deemed guilty of q
misdemeanor and may, upon convic
tion, be subjected to fine of $4,000
or two years in the penitentiary ol
both. Shippers who are found guilty
of such acts are liable to the same
penalties; so are those found guilty
of inducing or attempting to induce
common carrier to discriminate un
Justly in their favor against othel
, shippers.
The President is authorized to ap
! point a commission to Investigate
questions pertaining to the issuance
Of stocks and bonds. An appropriation
Is made to defray the expenses of tn
/ Commission