Show PENALTIES SUSPENDED UNTIL JANUARY 1910 washington april lo 10 chairman elkins today brought to the attention of the senate committee on interstate comm commerce erce a tetter letter from attorney general er bonaparte sub submitting an amendment amender dal to the resolution to suspend until january 1 1910 the penalties attached to the commodity clause or of the railroad rate law the amendment is intended to protect the right of railroads and the government to test the constitutionality n of the clause in advance of its operation the suggestion of 0 the attorney general follows in ia view of the fact that some difference fe rence of opinion seems to exist as to whether any appropriate civil remedy exists to enforce the provi of the commodities clause of the hepburn act as the law now stands I 1 venture to suggest that the resolution be amended by adding the following words 11 provided that nothing in this resolution shall be construed to prevent the bringing of any civil suit of proceeding for the enforcement of said provision or prevention of viola violations t tons thereof and that the attorney general Is hereby authorized to institute or cause to bo be instituted inthe in the name of the united states and against any person or corporation falling failing to comply with said provision such guch civil suit whether by application for mandamus bill in equity tor for injunction or other effective remedy in the promises premises in any circuit court of the united states having jurisdiction in the premises to secure the enforcement ent and 0 observance of said provision and the respective parties to any such suit herein authorized to be commenced shall enjoy joy the right of appeal as in suits of like character when instituted by the request of the interstate commerce commIs commission slon to compel the observance of the inter interstate 1 I comine commerce ace law |