The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-01
NEW RAILROAD LAW
BROADER IN SCOPE
Creation of Commerce Court Is
Most Important
COMMISSIONS POWERS
Interstate Railroad Regulation VIII be
Stricter and Telegraph and Teie-
phone as Well as Express
Companies Controlled


most notable provision of the admins
tration railroad BILL" which has just be-
come a law, is for a commerce court.
This tribunal is to have the jurisdiction
now possessed by United States circuit
courts over the enforcement of orders OF
the interstate commerce commission with
certain specified exceptions. These excep-
lions include orders for the payment OF
money, cases to annul orders or the COM
mission and mandamus proceedings pro-
yided for in sections 20 and % of the act
of February 4. 1887.
The commerce court is to be composed
of five judges, appointed from among the
circuit judges by the chief justice OF the
supreme court for five years. In the hrst
instance, however, the court is designated
by the President 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 decision of the COM
merce court may be taken within 60
days to the supreme court, but such an
appeal is in no case to supercede or stay
the decree of the commerce court unless
the supreme court so directs. Appeals
from it to the supreme court have prl-
ority over all other causes except crime
inal cases. Suits brought to stay an oroer
of the commission do not suspend the
operation of the order unless expressly
directed by the commerce court.
New Powers of Commission
The provisions of the Interstate COM
merce act are extended to include per-
sons and corporations transporting oil
or any other commodity Except water
and natural gas in pipe lines), telegraph
and telephone companies, both wire ana
wireless; cable companies, express COM
panies and sleeping car companies. All
service In connection with the receipt, de-
livery, elevation and transfer in transit,
ventilating. refrigerating, 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 a new rate is proposed the COM
mission may suspend it for 120 days In
addition to the usual 80 days notice pend
ing an investigation of its reasonable
ness. If the time for investigation is not
sufficient it may be extended for an adj
must give preference over all other mat
tiers to questions concerning rates and
render the speediest decision consistent
with proper consideration of the is
Sues
Reasonable Rates
If the commission finds a rate or regula-
ton unreasonable. unjust or discrimina-
tory 1t may fix a reasonable rate, and
may also act upon its own initiative with
out waiting for a formal complaint Or
ders of the commission are to take effect
in not less than 30 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 on the division Of joint rate
the commission, after a hearing, may
apportion the rate. II carriers neglect to
establish through routes and rates the
commission is empowered to do so.
The new act makes 1t unlawful for
common carriers to charge more for 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 included within
the longer distance; or to charge more as
a through route than the aggregate OF the
intermediate rates. but this is not to be
construed as authorizing any carrier to
receive as great compensation for a
shorter as for longer distance. The
commission is empowered, however, to
authorize a carrier to charge less for
longer than for shorter distances In spe-
cial cases.
SIX Months Time
Rates now existing are not to be
changed by reason of this act within six
months after Its passage. If railroad
cuts rates to compete with water route
1t may not thereafter increase the rates
unless 1t can show at hearing before
the commission that the proposed in
crease Ia due to other conditions than
the elimination of water competition.
Any officer or agent of a carrier who
knowingly assists or permits any person
to obtain transportation at less than reg
ular rates through false billing. classic
cation or weight or any other means. Is
deemed guilty of a misdemeanor and NAV
upon conviction be subjected to a fine OF
5000 or two years In the penitentiary or
both. Shippers who are found guilty of
such acts are liable to the same penal
ties; so are those found guilty of inducing
or attempting to induce common car
rier to discriminate unjustly in their
favor against other shippers
The President is authorized to appoint
a commission to Investigate questions per-
tanning to the Issuance of stocks and
bonds An appropriation is made to de-
frn