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Show TO REGULATE RAILWAY RATES Hepburn Presents Bill in tne House, Measure Meets Approval of President Roosevelt and Others. Provides for Pixing "Just and Reasonable" Rea-sonable" Freight Tariff by Interstate Inter-state Commerce Commission. "WASHINGTON, Jan. 2L Represents tlvo Hepburn today Introduced his bill nmcndlng tho Interstate commcrco act which has been under consideration some time and which has been submitted to tho President and Attornoy-Gonoral and other mombcrs of tho administration. Upon complaint tho Intcrstato Com-merco Com-merco commission shall declare and order what shall bo a Just and reasonable rato, which order shall take effect ln sixty days, tho carrier having an appeal to a court of commerco to havo the ordor of tho commission reviewed. Ponding tho review the court may suspend sus-pend the ordor requiring a bond from tho carrier for tho paymont of all damages Incurred by shippers. Tho commission Is also authorized to fix a Joint rato ln caso two or more carriers fall to ogreo, orders affecting theso rates being subject to review re-view by tho court of commerce. Tho President is authorized to appoint an assistant as-sistant Atorney-General for tho enforcement enforce-ment of tho act. Modify or Suspend Order. Tho Interstato Commerce commission Is authorized during a Judicial review of its order to modify or Buspend tho order under review Carriers refusing to oboy an order of tho commission aro subject to a ponalty of $5000 a day. An appeal from the court of commorco can only bo taken to the Supremo Court of tho United Slates. Tho present Intcrstato Commcrco commission com-mission Is abolished and a new commission commis-sion croated. composed of seven commissioners commis-sioners at $7000 a year. Tho terms of tho commissioners shall be ten years. Tho court of commerce, composed of flvo circuit Judges of tho United States la created, which shall hold four regular sessions each year ln Washington. Tho court shall havo excluslvo Jurisdiction over cases brought by tho Intcrstato Commerce commission. Court of Commerce. Tho Chief Justice of tho Supremo Court of tho United States Is authorized to designate des-ignate on tho first of oach year flvo circuit cir-cuit Judges who shall constitute tho court of commorco. Tho President la authorized to appoint an additional circuit Judgo for each of tho judicial districts of tho United States, who aro authorized to perform tho duties of tho Judges of tho circuit court. The bill consists of twenty-ono soctlons, much attention being given to tho details nnd mothods of procedure under which tho commerco commission and tho court of commerce shall proceed. Provisions of Bill. Tho first section of tho bill provides that "tho tolls demanded and collected by common carriers aubject to the act to regulato commerce In section 1 thereof, Bhall be Just fair and reasonable; and whenever, upon complaint duly mado under un-der section 13 of the act to regulato commorco. com-morco. the Interstato Commerce commission commis-sion shall, after full hearing, mako any llndlng declaring any existing rato for tho transportation of persons or property, prop-erty, or any regulation whatsoever affecting af-fecting sold rato. to bo unreasonable or unjustly discriminatory, tho commission shall have power and It shall bo Its duty to declare and order what shall bo a Just and reasonable rato, practlco or regulation regula-tion to bo charged, Imposed or followed ln the futuro In placo of that found to bo unreasonable or unjustly discriminatory, discrimina-tory, ond tho order of the commission shall of Its own force take effoct and become operative sixty days after notico thereof has boon given to tho common carrier or carriers affooted thoroby; but any common carrier affected by tho order of the commission and deeming It to be contrary to law may lnstituto proceedings proceed-ings In tho Court of Commcrco of tho United States, sitting as a court of equity, to havo such ordor ro viewed and its reasonableness rea-sonableness and lawfulncHs inquired into and determined " Provision Is also mado that tho court of rovlew may, If doomed Just, suspend tho order of tho commission pending Investigation, Inves-tigation, In which case tho carrier or carriers petitioning shall furnish bond sufficient to cover all damages caused by tho dolay in tho enforcement of tho order and all transportation charges in excess of thoso declared reasonable by the commission which may be collected during tho time tho matter la pending. Supplemental Orders. Tho second section of tho bill provides that "whon tho rato substituted by tho commission as horelnbcforo provided shall bo a Joint rato and tlio carriers parties par-ties thoreto fall to agroo upon tho apportionment ap-portionment thorcof among themselves within twonty days of tho Issuance of such order, tho commission may issue a supplemental order declaring tho portion of such Joint rato to bo received by each carrier party thoreto,- which shall tako effect of Its own force ns part of tho original order, and when tho ordor of tho commission prescribes tho Just relation rela-tion of rates to or from common points on tho lines of the several carrlora par-tics par-tics to tho proceeding and such carrlora fall to notify tho commission, within twenty days after notico of such order that they havo agreed among themeolves as to tho changes to bo made to effect compllanco therewith, tho commlaslon may lssuo a supplemental order prescribing prescrib-ing tho rato to bo charged to or from common points by either or all of tho parties to tho proceedings, which order shall tako effect of Its own force as part of tho original order. Such supplemental order shall bo subject to review by tho Court of Commerco within tho tlmo and manner hcrolnbcforo provided for tho rovlew ro-vlew of tho original order of tho commission com-mission " Provision Is mado that in proceedings for revlow tho petitions and answers filed with tho commission nnd tho commission's commis-sion's finding, opinion and ordor shall, upon application of either party, bo deemed a part of tho record of tho causo ln tho court of commerco, also evidence, except such part as tho court may reject re-ject ns incompetent In all proceedings for review tho defenao Is to bo conducted under tho direction of tho Attornoy-Gonoral, but with his consent tho commission commis-sion may employ special counsel and authority au-thority Is given tho President to appoint an assistant attorney-general, at a salary sal-ary of J5000 a yoar, to perform such duties ln connection with the enforcement of tho provisions of tho proposed law as tho Attorney-General may asBlgn to him. Section 6 provides "that tho commission may at any tlmo, whether beforo, after or during tho progress of a Judicial review, re-view, of Its own motion, reopen Its proceedings pro-ceedings ln any case, and modify, suspend sus-pend or annul Its former order, ruling or requirement." Penalty for Failure. Section G provides a penalty of ?0000 a day for failure to comply with any order of tho commlaslon. It also provides that In all suits brought to onforco the ordors of tho commission or to restrain them In tho court of commerco, appeal ahall bo only to the Supremo Court of tho United States, and must bo brought within with-in thirty days; "but in nono of tho BUlts of tho procoodlng3 described shall an ap-poal ap-poal operato an a supersedeas, or shall any order bo passed suspended or staying stay-ing the decree of tho court ol commorco pondlnff. an appeal, except upon tho giving giv-ing of a bond of good and sufficient security, se-curity, conditioned that tho appellant Ahall prosecute his appeal to effect, and if ho fall to mako his plea good, shall answer ln addition to nil costs all damages, dam-ages, which shall lncludo componsatlon for whatever sums for transportation sor-vlco sor-vlco any porson or corporation Bhall bo compolled by the appellant to pay, during dur-ing tho pendency of tho appeal, ln ox-cess ox-cess of tho eums such person or corporation corpora-tion could havo bqen compelled to pay If tho order. Judgment or decreo of tho court of commcrco had not been suspended or stayed." Section S abolishes tho existlug Interstate Inter-state Commerco commission and establishes estab-lishes a new commission, also bo known as tho Intcrstato Commcrco commlEelon, to bo composed of sovon mombors, to be appointed by tho President at a salary of 510 000 a year. Tho Commissioners first appointed aro to servo for terms of four, five, six, seven, eight, nlno and ten years, respectively, from tho first day of April. 1C. their successors to be appointed for terms of ten years. All laws conferring powers upon or Imposing duties upon the present pres-ent commission are continued excopt as othorwlso provided by this bill. All pending pend-ing proceedings aro to bo continued to conclusion beforo tho new commission. |