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Show FREIGHT BATES MEASK READY Republicans Agree on Interstate Commission's Powars Enlarged, Membership Mem-bership Increased. Establishes Court of Transportation, Composed of Five Circuit Judges of the United States. WASHINGTON, Jan. 30. The House Committee on Intcrstato and Foreign Commerce, by a party vote today authorized au-thorized a favorable report to the House on a bill extending authority to the Interstate In-terstate Commerce commission to fix rates. Increasing the slr.e of the commission commis-sion from five to seven members, and creating a "court of transportation." The bill Is a combination of the Esch-Townsend Esch-Townsend measure, with amendments taken from the Hepburn bill. The nctlon of the commlttco was reached after sessions ses-sions lasting nearly all day. Finally Chairman Hepburn moved to icport tho Ksch-Townsend measure with trrendmonts, and then the Democratic members of the committee were called In and an hour given them to caucus on the bill. During this time It developed that two of tho six minority members were not satisfied with the Davey hill. The four members who did support it ngreed to udd two amendments, one providing pro-viding that whero a rate Is named by tho commission affecting two or mote roads, the commission, on tho fnllure of tho roads to agree on a division of the rate, shall make a ruling on the matter, and the other expediting litigation over a rate that has been fixed by the commission. Republicans Agree. Tho full committee met at I o'clock, and after voting down the Davey bill by a party vote, the Republicans carried the Hepburn motion. The Democrats gave notice that they would present the Davey bill ln the House with n minority report. Mr. Townsend nubsequcntly introduced In tire House the meusure agreed on ln order to have It printed. The bill, as reported, contains twenty-two twenty-two sections. Sections 1 and 2 extend authority au-thority to tho Interstr te Commerco eummlsslon whenever after full hearing hear-ing It has declared any existing rate for tho transportation of persons or proi-erty, proi-erty, or any regulation or practice whatsoever what-soever affecting the transportalon of persons per-sons or property to bo unreasonable or unjustly discriminatory, to declare and order what shall be a Just and reasonable rate, practice or regulation to be charged. Imposed or followed ln the future In place of that found to be unreasonable or unjustly un-justly discriminatory', and the order of the commission shall of Its own force become be-come operative thirty days after notice has bocen given to tho person or persons directly nflected thereby; but at any tlmo within sixty days from date of such notice no-tice any persons directly affected by the order of the commlslson and deeming It to be contrary to law. may Institute proceedings pro-ceedings In the court of transportation sitting as a court of equity, to havo It reviewed re-viewed and Its lawfulness. Justness or reasonableness determined. liny Apportion the Vote. ( When the rate substituted by the commission com-mission shnll be a Joint rat and the e.ir-rlcrs e.ir-rlcrs fall to agree on the apportionment apportion-ment thereof among themselves within twenty days after notloe of such order., the commission, nfter full hearing, may lsstif a supplemontarv order declaring tho portion of such Joint rate to bo recehed Ly each carrier party f.iereto. which shall taJ'e effect of its n vn force 11s part tf the original order, subject lo review like I he ordinal order. Section 3 mnkes all proceedings beforo the commission. Including the record of evidence, findings and records of the commission com-mission a part of the record In the caoe. to bo sent to the court of transportation within ten days aftor notice for review has been given. All proceedings beforo the court aro to bo conducted by the Attorney-General. Tho commission, however, may emplov special counsel, with tho approval of tho Attorney-General, and, moreover. Is given giv-en full power, ocn during proceedings, to modify, suspend or annul Its former order, or-der, ruling or requirements. Section I Imposes a penalty or a fine of JSG00 a day for each day parties violate tho rulings of tho commission made under sections 1 and 2 of the hill. Section 5 defines tho word person to include in-clude corporations Section fi Increases tho membership of tho commission lo seven and makes tho salary of each 510,000 a year, and concludes: con-cludes: "The President shall appoint, by and with tho consent of tho Senate, two additional addi-tional Interstate Commerce Commissioners. Commission-ers. Not moro than four commissioners shall be appointed from tho same political politi-cal party." Court of Transportation. Section 1 establishes the court of transportation, trans-portation, to bo composed of fivo Circuit Judges of the United States, no two of whom shall bo from tho same Judicial district. dis-trict. They shall be designated by tho President for terms of one. two. three, four and five years, respectively, from April 1, 1003. nnd as their terms expire tho President shall, from the Circuit Judges, appoint their uucccssors for terms of fivo years each. Section 8 provides that this court shall hold four rogular sessions annually In Washington, beginning on the first Tuesday Tues-day in March, Juno, September and Do-comhor Do-comhor Special sessions of the court may be held at other places "when Justice would bo thereby promoted." Section 0 authorizes the President to appoint five additional Circuit court Judges, no two of whom shall be from tho same Judicial circuit, to exercise tho authority and powers and perform tho duties now required by law of a Circuit court Judgo. Section 10 grants tho court of transportation trans-portation exclusive original Jurisdiction In all cases brought under the provisions of the bill nnd also the Inlorstnlo commerce com-merce net. It also provides that proceedings proceed-ings to force contumacious wlfnossos to nttond and testify or produce documentary document-ary evidence boforo tin; Intcrstato Commerce Com-merce commission may bo brought ln any court of original Jurisdiction. Section 11 extends to tho court of trans- portatlon all tho powers of a Circuit court of tho United States, so far as tho same may bo nppllcable. Sections 12 and lo relate to cvldcnco bo-fore bo-fore the court. The court of transportation Is given power to summon before It all parties named as defondnnts or respondents In proceedings beforo It, nnd its subpoenas for witnesses may "run into any Judicial district or any Territory or possession of tho United States." Section 14 dcclnres tho court of transportation trans-portation always open for tho filing of pleadings, motions or orders Section 15 provides for appeal to the United States Supremo court, from tho court of transportation, providing It Is taken within thirty days of the date of entry of tho order or decree of tho court of transportation. Tho Supreme court shall give precedence prece-dence to tho hearing and decision of such appeal over all other cases, except criminal crim-inal cases. Sections 10. 17. IS, 19, 20 nnd 21 provide for the organization of the court, appointment ap-pointment of court officers and rules of pructlco. Tho last section of the bill provides: "This act shall lako effect on the first day of April, 1903." , |