The San Francisco call., 1910-06-04
dismal HOWLS
OF HARD Times
BY RAILROADS
Passage of Traffic Bill by the
Senate Followed by Threat
of Retrenchment
Railways Profess to Be $780,
G00,9O0 to the Bad in the
Last Two Years

as il passed the senate may be de-
scribed as follows:
The bill provides for the creation of
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
powers are to be coordinate with the
judges of the federal circuit court. they
are ID receive the same pay and emolu-
ments and are TO be appointed in the
first instance by the president for terms
respectively Of one, two, three. four and
I'VE years,
Each, as he retires to take UP the
work Of a circuit judge. is to be sue
sceeded by a designation from the cir
cuit bench, these and other vacancies
to be filled by appointment by the chief
justice of the supreme court.
Sittings of 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 interstate commerce commission is
made the defendant in all cases coming
before the court. but the commission is
permitted to intervene, as are other in
terested parties
The defense IS placed under the direc-
tion Of the attorney general, but the
commission and interested parties are
permitted to have counsel and to carry
on the suit in case the attorney general
fails 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 is
amended so as to permit a greater
charge for a short haul than for long
haul. only with the consent of the in
terstate commerce commission. Espe-
cial provision is made against the fix
ing Of a lower rate for the purpose of
destroying water competition
Railroad companies are required to
furnish written statements of rates
from one place to another upon the
written application OF a shipper, under
a penalty of $3.50 for misstatement or
failure to comply with such applica-
ton
In addition. the shipper can bring
suit for additional dana ges.
REASONABLENEss OF RATES
Either upon complaint or upon its
own initiative the commission is au-
thOriZed to determine the reasonabl BILE
ness Of Individual or joint rates or
classihcations and if such rates are
found unreasonable. discriminatory,
preferential or prejudicial, the commits
sion is authorized TO prescribe a proper
maximum rate. Rates reduced to meet
water competition must not be restored
unless after hearing by the commits
sion to determine whether conditions
have changed otherwise than by the
elimination Of the water competition.
Unless set aside by A competent
court, orders of the commission are to
continue in force for two years. The
commission is also given authority to
investigate the propriety of any new
rate, regulation or classification, indi-
Vidual or Joint, Of any common carrier
and pending such hearing a suspension
for 10 months of the rate, classification
or regulation is provided. The carrier
is required to refund all charges found
TO be excessive.
Authority is also given the com
mission to establish through routes and
maximum rates over them whenever
the carriers themselves neglect to do
so. This regulation also covers water
lines that are connecting carriers
DESIGNATING ROUTES
Shippers are given the right to desig-
nate through route or part Of a route
over which their property shall be car
ried penalty OF $1,000 is imposed
upon carriers for disclosing any infor-
nation concerning shipments A like
penalty is provided for violation Of
orders under section Is Of the existing
interstate commerce law and in this
case each day that the violation con-
tinues is TO be construed as a separate
offense.
At intervals Of six months the com
mission is required to make an analv-
sis Of the tariff and cIassifcations and
10 investigate the advisability of a uni
form classification
TELEGRAPH AND TELEPHONE
Telegraph and telephone lines are
placed under jurisdiction Of the inter