| Show f I 1 HEPBURN BILL I 1 I 1 the hepburn bill as it passed the ho house last week contained tho the following provisions the first section of tho the bill Is substantially I 1 ly section I 1 of tho the act of 1887 enlargement of 0 the definition of the word railroad and the word vord transportation the definition is as follows the term railroad as used in this act shall include all bridges and ferries used or a operated in connection n with any railroad and also all tho the road jn ja use by any corporation operating a railroad whether owned or operated under a contract agreement or lense lease and shall also include all switches spurs epurs tracks and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein berei n and also all freight depots yards and grounds used or necessary in the transportation por tation or delivery of any of said property and the term transportation shall include cars and other vehicles and all instrumentalities and facilities cili ties of shipment or carriage irrespective spec tive of ownership or of any con tract expressed or implied for the use thereof and all services in connection ith tahe receipt delivery elevation dim nafe i transit ventilation re f or icing storage and handling of property transported and it shall be the duty of every carrier subject to the provisions of this act to provide and furnish such transports transportation trans upon reasonable request and to establish through routes and just and reasonable rates applicable thereto by this enlargement it is believed that the cLe devices vices resorted to by ar carriers through the uso use of sn switches itches and cars owned by shippers and by the use of refrigerator cars and so forth can call be obviated se section alon 2 contains certain amendments of section G of tile tho act of 1887 as amended by the act of 1889 under its provisions more prof prompt obedience to the law on the part of the carriers relating to tariff schedules will be secured and there is also a require ment that icing and other charges bo be stated in their schedules it Is believed that requiring thirty days notice of trio tale changing of schedules will do away with the discriminations heretofore made through what is called midnight tariffs thrifty days not fee Is required either cither of an advance or reduction in rates the section how eveaj gives to the commission power to permit the filing of changes of rates on less than thirty days notice section 3 modifies section 14 of the net act of 1887 the present law requires the commission whenever an ti gation is made to make and report I 1 a finding of facts as well as of conclusions clu it is believed that in the great majority of instances tho the labor of making a finding of facts is unnecessary and therefore the section is so modified as to eliminate that as a duty except in cases where damages are awarded section 4 contains marked I 1 A eions tion af section 15 of the iho act ot of 1987 it 11 Is 15 this section that confers tho power upon the commission to establish a I 1 rate or to declare what will be a proper er charge in certain instances As before observed ho alie power to initiate rates Is 1 not given to the commission so far as Is known but very few persons peru have thought u t it wise to confer tills power and it is just to the interstate commerce commission to say gay that as we are advised no member of of the commission thinks it wise that they should be invested with this power the ie recommendations commendations of the section on this subject are that the commission shall be authorized and empowered and it shall hall t be i its duty upon hearing on complaint made as provided in section 13 or upon complaint of a common carrier it shall be of the opinion that any of the bates or charges whatsoever demanded charged or collected by any com common mon carrier or carriers subject ao the provisions of this act for the transportation por tation of persons or property as de i fined in ili the first section of this act or that any regulations or practices whatsoever of suph such carrier or carriers affecting such rates are unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or otherwise in violation of any of the provisions of this act to determine and prescribe what will in its judgment judgie it be the just and reasonable and fairly remunerative rate or bates rate charge oi or charges to be thereafter observed in such case as the maximum to bo be charged charge 4 and what regulation lation or practice in respect to such transportation Is just fair and reasonable thereafter to be foil followed owed and to make an order that tho the carrier shall cease and desist irom uch auch violation to the extent to which the commission find the bame to exist and shall not thereafter publish demand or collect any rate or charge h for such u transport transportation atton in excess of the maxi maximum munt rate or charge so prescribed and shall conform to the regulation or practice 0 to o pi prescribed described bed this order goes into effet effect in thirty da days ys after notice to the carrier and remains in force unless it be suspended modified or set aside by the commission or set aside or suspended by a court of competent A provision of the wl bill however limits tile the existence of the t order to a period of three years after the same has been obeyed by the carrier the provision above quoted requires the com commission to establish the maximum rn rate or charge that may bo be exacted by the currier carrier the word maximum was used in order that some flexibility might be given to the rate and that the carrier might it if it so elected charge a less sum than that fixed by the commission this section further provides that it if the owner of property transported transport edo directly or indirectly i lenders enders any service in connection with or furnishes any instrumentality the charges for these shall be no moro more than is just and reasonable and also gives to the commission power upon complaint to determine what is a reasonable charge as the maximum to bo be paid by the carrier or carriers tor for the service or the use of the instrumentality it ls believed that under binder this provision those excessive charges constituting rebates that are in some instances paid to shippers who own their own cars may bp be controlled the commission may also ilso establish through routes and determine upon the division of rates when such division can not be agreed upon by the carriers but this power is limited to cases when no reasonable pr satisfactory through route exists the fifth section is an amendment to section 16 of the act of 0 1887 a as ani amended ended by the act of 1889 and is intended to aid complainants in whose behalf dama damages are awarded added on complaint by the commission it provides the method of service of notice it authorizes the commission to suspend or modify its ciders it authorizes the commission to modify the time in which an all order shall take effect fact it imposes upon the carrier its duty to comply with the order of the commission as long as it Is in effect it provides a penalty of for disobedience of an order nude under tinder section 15 of the act of 1887 and the forfeiture shall be paid to the united states and the duty of prosecution for reco recovery vety of the forfeiture is imposed upon the attorney general the com nil A 10 lo n is given power with the consent bent of the attorney general to employ counsel in any proceeding under this act the section also provi provides deg for the enforcement of the order of the commission other than for the payment of money by the commission or any party injured applying to the circuit court in the district where the carrier has its principal office or in which the violation shall happen for the of the order this application catlon shall be made by petition if upon such hearing as the court may determine to be necessary it appears that the order was regularly made and duly served and that the currier carrier is in disobedience of the same the court shall enforce obedience to tuch such order by a writ of injunction or other proper process mandatory or otherwise to restrain such carrier its officers agents or r representatives from further disobedience or to enjoin upon aitor if or them obedience to the same and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience bence to its writs of injunction and mandamus appeals lie to the supreme court direct and such cases are to have prior ity in hearing and determination over all other causes except criminal causes but such appeals shall not vacate or suspend tho the order appealed from section 6 provides for rehearing before the commission I 1 section 7 is an amendment of section 20 of the act of 1887 and gives the commission additional power with regard jo to reports from ail cammon common carrie carriers rs subject to tho law and to prescribe the manner in which suan reports shall dball be made and the subject matter of the report and provides a I 1 penalty for failure to obey such requirements quire ments it also rives gives tho the c commission 0 amis power in ili its discretion to proscribe the form ot of accounts records and ft nd I 1 memoranda ment orAnda to be kept by carriers and that tho the commission shall at at all times havo have access to such records and boo books ka and other accounts bo be kept it provides penalties for the wrongful making ot of ece accounts or records oi or lor destroying records or booke of account it authorizes examinations to be made by experts appointed by the commission and imposes a peli penalty penally of fine of not more than or imprisonment of not more than two years upon any an examiner who divulges i any knowledge that may conic come to him in the performance of his duties section 8 provides for the enlarge nent of tho commission by the appointment of two additional commissioners vy by the president with the advice and consent of the senate extends tho the terms of commissioners to seven years yearn and increases the annual salary of commissioners from to section 0 9 makes applicable all existing laws jaws with reference to the attendance of witnesses and the production of af evi evidence denoe and the compelling of testimony to any and all prosecutions under this act section 10 is a repeal of all parts of laws in conflict with tho the provis provisions ribs of this act but provides that such repeal shall not interfere with causes now pending in tho the courts of the united stages |
