Show he would amend interstate commerce law and abolish abuses without giving autocracy to the commission n atif washington ov 24 senator foraker today presented to the senate committee on commerce the draft of his bill to amend the interstate commerce law the senator stated that he had tried to meet tiro complaints against present railroad conditions and at the bame time avoid conferring upon the interstate commerce commission or any similar body tho power over railroad rates the foraker bill however provides for enjoining the publishing and the charging of excessive rates and for enjoining any forbidden ty law whether as between shippers places commodities or otherwise and whether effected by means of rates rebates classifications private cars or jn any other manner whatever while this does not confer upon the court the power to fix a rate it does authorize the court to say what is an unlawful rate and how much is unlawful and to enjoin the carrier from charging more than is found to be lawful the bill also is designed to prohibit the giving of passes to allow tree access to railroad documents and to meet complaints as to railroad rates as to export and import freight tha important provisions of the faraher bill are contained in a section which amends section S of the elgins act and ia as bollons fol lons section 3 that whenever the interstate ter state commerce commission shall have reasonable ground for belief that any common carrier is engaged in the carrying of passengers or freight traffic between given points at less than the published rates on file or is either fingl in operation cooperation co with one or more other carriers publishing and charging unjust or unreasonable rates or is committing any discriminations forbidden by law whether as between shippers places commodities or otherwise and whether effected by means of rates rebates classifications prorate cars refrigerator cars switching or terminal charges elevator charges failure to supply shippers equally with cars or in any other manner whatsoever it shall be its duty it such carrier or carriers will not after due notice delist from such violation of the taw to file with the attorney general a brief statement of its grounds tor such belief and evidence in support thereof and thereupon upon bis direction and in the name of the united states a petition shall be presented alleging such facts to the circuit court of the united states sitting in equity having jurisdiction and when the act complained of is alleged to have been committed or as being committed fo part in more than ono judicial district or state it may be dalt with inquired of tried and determined in any one 0 such judicial districts or states whereupon it shall be the duty of the courts summarily lo 10 inquire into the facts and circumstances upon such notice and in such manner aa the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity and to make such other persons or corporations parties thereto as the court may deem necessary and upon being satisfied ol 01 the truth of the allegations of said petitions said court ahall enjoin according to the ground of complaint the publishing and charging of all or any such rate or rates so complained of in excess of what the court shall find to be reasonable and just such injunction to continue in force during such period as the same or substantially the same conditions may continue as are established by the evidence in such case or shall enforce an observance of the published tariffs it they are found to be just and reasonable or direct and require a discontinuance of such discriminations by euch proper orders writs and process as will as nearly as may be secure equality of right and treatment to all shippers which said orders writs and processes may be enforceable as veil against the parties interested in the traffic as against the carrier or carriers complained of and all proceedings hereunder shall be subject to the right of appeal to the supreme court aa now provided by tho act of february to expedite lie hearings of suits in equity but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon unless the circuit or supreme court on application therefore buado for good cause so order it shall be the duty of the several district attorneys of the united states whenever the attorney general shall direct either of disown motion or upon the request of the interstate commerce commission to institute such proceedings and the proceedings provided for by this act shall be prosecuted at the cost of the united states or the railway company or companies as the court may adjudge equitable and juat and such proceedings shall not preclude the bringing of suit for the recovery of damages by any railroad or any other action provided by said act approved february 8 entitled an act to regulate commerce and acts amendatory thereof and in proceedings under this act and the acts to regulate commerce the said court shall have the power 10 compel attendance of witnesses both on the present carrier and any shipper or shippers who may be interested who shall ba required to answer on all questions relating directly or indirectly to the matter in controversy and to compel the production of all books and papers both of the carrier and the shipper or the shippers which relate directly or indirectly to such transactions the claim that such testimony may tend to criminate the person giving such evidence shall not excuse auch persons from testifying in regard to such corporation producing its books and papers but no person shall be prosecuted or subjected to any pen alty or forfeiture for or on account of any transaction matter or thing con berning which he may testify or produce evidence or information documentary or otherwise in such proceedings provision is made so that ahe aws to expedite in the courts will apply to tho new lav no carrier is allowed to grant a special raie or in any manner collect from any person a greater or less compensation than it receives from any other person another section ot the bill Is as follows that nothing in the act to regulate commerce approved february 4 1887 or in the act to protect trade and commerce against unlawful restraints and monopolies approved february or in any act amendatory ot either 0 said acts shall hereafter apply to the establishment of rates or the changing or publication ot the same with respect to foreign commerce it carried in of american registry or ahall prohibit necessary or reasonable act association or agreement with respect to interstate ter state transportation that is not unreasonable restraint of trade or commerce with foreign nations or among the several slates or shall hereafter authorize forfeiture of property as punishment tor any violation of such acts during the two hours tho committee was in session today senator foraker explained the regulations of the bill in detail he made the following statement which Is an epitome of his argument before the committee the results desired by the president should be accomplished but it they can be secured without conferring rate making power on the interstate commerce commission or any ot governmental ern mental agency a number of very troublesome legal questions will be avoided such as the constitutional prohibition hibi tion about giving preference to the ports of one state over those ot another the right to delegate legislative power as all question as to the power of the court to review the legislative act of making rates except in cayea that aro etc the great evil to be reached and dealt with Is this takes the form of discrimination between localities cali ties and individuals it is practiced under such as terminal charges elevator charges refrigerator friger ator charges private car line charges classification false weights refusal to supply cars equally to shippers and in numerous nume ious other ways the basis of the most important feature of the bill I 1 have presented is the third section of the elkins act I 1 have sought to attend it so as to make it applicable not only to every form of discrimination that can arise but also to excessive rates as well as rebates and I 1 have sought to make tho law available to the humblest shippers in the land and to make it immediately respected whenever he may see the necessity to invoke it the proposition of tho bill is that upon complaint and the showing of cause the bill shall be heard on its merits in the first instance in the court where full relief can be granted this is not a delay to the shipper because it will take no longer stating il conservatively to try the cases before the court in the first instance than it would to try it before the interstate commerce commission and the probabilities bili ties are that any judge of tho circuit court of the united baies accas lomed to hearing witnesses applying tho law and disposing of legal questions sitting iniquity try the case in much less time than the inter commerce commission or any other associate body would require the of going in iho first instance to affo court where a remedy caa be administered is manifest when li is remembered hat every case must it tho parties to t are so disposed go to the court ashow before it is ended for it Is tace right of ever to have his day in court and that right cannot bo taken away by congress even if there were a disposition lo 10 do s another feature of ahe bill provides for the appointment of examiners ft ho under tho direction ot the interstate commerce commission can make an examination at any time of all books documents add papers of any railroad thai to interstate transportation of commerce this will enable the commission to ascertain the facts aud secure evidence another provision of the bill is designed to prohibit the givins of passes this provision comment another provision prohibits the carrying of freight that is to bo exported or freight that has been imported on through rates less as to rail portion charge ihan is exacted for tire carrying of similar domestic shipments between the same points unless the carriage bo in ships of american registry the amount of freight carried on these lower through rates is constantly increasing and there is a constantly complaint from manufacturers rs on this account this provision will bot be in conolt alth any of our reciprocal treaties and it is not without precedent tor practically the same kind of measures have been resorted to by both russia and germany and probable also by other countries at tho conclusion of senator for akers remarks the committee ad journea until tomorrow |