Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-04
Provisions of Railroad Bill
as Finally Passed by Senate

The bill provides for the creation of A
new court of commerce for the con-
sideration exclusively Of appeals from
orders of the interstate commerce COM
mission. The court is to consist of FIVE
judges, to sit in Washington: their pow
ers are to be coordinate with the judges
Of the federal circuit court, they are to
receive the same pay and emoluments
and are to be appointed in the first in
stance by the President for terms, re-
spectively, Of one, two, three, four and
five years.
Each, as he retircs to take up the work
of a circuit Judge. is to be succeeded by
designation from the circuit bench,
these and other vacancies to be filled by
appointment by the Chief Justice of the
Supreme Court.
While the Offices of the court are TO be
in Washington, and regular sessions are
to be held here, provision is made for
sittings anywhere In the United States.
The government rather than the inter-
state commerce commission is made the
defendant in all cases coming before
tie court, but the commission is per-
mitted 10 intervene, as are other inter-
ested parties.
The defense is placed under the di-
rection of the Attorney General. but the
commission and interested parties are
permitted to have counsel and to carry
on the suit in case of the failure Of the
Attorney General to do SO. Appeal may
be taken to the Supreme Court.
Long and Short Haul.
The long and short haul provision of
the present interstate commerce law
would be amended SO as to permit
greater charge for a short haul than for
long haul, only with the consent of
the interstate commerce commission. Es
pecial provision is made against the fix
ing of a lower rate for the purpose of
destroying water competition.
Railroad companies required to furnish
written statements of rates from one
place to another upon the written appli-
cation of shipper, under penalty of
$3.50 for misstatement or for failure to
comply with such application. In addi-
ton, the shipper could bring suit for
additional damages.
Either upon complaint or upon its own
initiative. the commission is authorized
to determine the reasonableness of indi-
yidual or joint rates or classification, and
IL such rates are found to be unreason-
able, discriminatory, preferential or pref
JUDICIAL the commission is authorized to
determine and prescribe proper maxi
mum rate. Rates reduced TO meet water
competition must not he restored unless
after a hearing by the commission to de-
otherwise than by the elimination of the
water competition.
Authority Of Commission.
Unless set aside by competent court,
orders Of the commission are to continue
In force for two years. The commission
also Is given authority to investigate the
propriety Of any new rate, regulation or
classification, individual Or 1o,nt of any
common carrier, and pending such hear
Ing q suspension for ten months of the
rate, classification regulation is pro-
vided for. The carrier is required to re-
fund all charges found to he excessive
Authority is also given the commission
to establish through routes and joint
classification and to prescribe maximum
rates over the same. whenever the car
riers themselves neglect to do so. This
regulation also covers water lines which
are connecting carriers.
Shippers are given the right to desig-
nate a through route or part of route
over which their property shall be car
lied a penalty OF $4,000 is imposed
upon carriers for disclosing any infor-
nation concerning shipments. ~ like
penelty is provided for violation Of or
lers under section Is of the existing in
terstate commerce Law, and in this case
each day that the violation continues is
1
At intervals OF six months the commits
sion is required to make an analysis of
tariffs and classincations anu to inves-
tisate the advisability of a uniform
, classification.
Telegraph and telephone lines are
placed under the jurisdiction Of the inter-
state commerce commission. The COM
mission is authorized to determine the
reasonableness Of rates and penalty is
imposed of from 500 to $1,000 against
era ming franks or passes for the trans
mission OF messages, except to officers
and employees and their families. Special
night and press report rates are author
lied.
The only provision in the bill applica BILE
to other than railroad corporations is one
reg ulating injunctions by the federal
courts which suspend the operation of
state laws 1t is provided that such
action shall be taken only when present
ed to a Justice of the Supreme Court or Il
circuit judge and heard by three judges.
one of whom shall be Supreme Court
justice or circuit court judge.
William G. Page. aged fifty-siX years. IS
dead at his home in South -Lynchburg,
va after q long illness of tuberculosis.