OCR Interpretation


The commonwealth. (Greenwood, Miss.) 1896-1923, June 29, 1906, Image 3

Image and text provided by Mississippi Department of Archives and History

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn89065008/1906-06-29/ed-1/seq-3/

What is OCR?


Thumbnail for

[
j
|
j
Important New L»aw Fop the Regulation of I
, ;
Interstate tommcrce Has rassed Doth
!
i
I
ARF
^ I
I
I
Heavy Penalties Provided for Vlolallon.-Thirly
Days' Notice of Change in Rates, Papes and
Muet he Ciiven_Penvkinn fop Anocal
ChaPâes Must be Given-Provision top Appeal
to Interstate Commerce Commission.
RAILROAD RATE BILL
Houses and Received the Sanction of
the President.
DUTiLS OF "COMMON CARRIERS
DEFINED IN THE STRICTEST TERMS
M
Following is the text of the rate bill
as passed by congress and approved by
tbe president:
An act to amend an act entitled "An
act to regulate commerce," approved
February 4, 18S7, and all acts amenda
tory thereof, and to enlarge the powers
of the interstate commerce commis
sion.
Be it enacted by the senate and
house of representatives of the United
States of America in congress assem
bled, that section 1 of an act entitled
"An act to regulate commerce,'' ap
proved February 4, 1887, be amended
so as to read as follows:
Section 1. That the provisions of this
act shall apply to any corporation or
any person or persons engaged In tne
transportation of oil or other commod
liy, except water and except natural or
artificial gas by means of pipe lines or
partly by pipe lines and partly by rail
road or partly by pipe lines and partly
by water, who shall be considered and
held to be common carriers within the
meaning and purpose of this act, and
r , $Sp
k
r »
//
///?
■/
m
; j
/
mi
v .f
>!ti
mit
?■/
n
/
/w
W
f
fiy,
'W
PRESIDENT ROOSEVELT.
tecutive is believed to be
jvlth the provisions of the
The chief
well pleased
measure.
to any common carrier or carriers en
gaged in the transportation of passen
gers or property wholly by rail r oad (or
partly by railroad and partly by water
when both are used under a common
control, management, or arrangement
for a continuouo carriage
from one state or territory of the Unit
ed States, or the District of Columbia,
to any other state or territory of the
United States, or the District of Col
umbia, or from one place in a territory
to another place in the same territory,
or from any place in the United States
to an adjacent foreign country, or from
any place in the United States through
a foreign country to any other place in
tbe United States, and also to the
transportation In like manner of prop
erly shipped from any place in the
United States to a loreign country and
shipment),
carried from such place to a port
transshipment, or shipped from a for
eign country to any place in the Unit
ed States and carried to such place
from, a port of entry either in the
.United States or an adjacent foreign
country: Provided, however, that the
,
provisions of this act shall not apply to
* . ... „
the transportation of passengers or
. .
property, or to the receiving, deliver
, ' , , ,,, ,
ing, storage or handling of property
, ,, , , . ,
wholly within one state and not ship
ped to or from a foreign country from
or to any state or territory as afore
said.
"Common Carriers" Defined.
Tbe term "common carrier.," as used
ln this act, shall include express com
panies and sleeping car companies. The
term "railroad," as used in this act.
shall Include all bridges and ferries
used or operated ln connection with
any railroad, and also all the road ln
use by any corporation operating a
tailroad, whether owned or operated
under a contract, agrément or lease,
and shall also include all switches,
•purs, tracks, and terminal facilities of
•very kind used or necessary in the
transportation of the persons or prop
erty designated herein.
All charges made for any service ren
dered or to be rendered in the trans
portation of passengers or property as
aforesaid, or in connection therewith,
shall be just and reasonable; and every
unjust and unreasonable charge for
such service or any part thereof is
prohibited and declared to be unlaw
ful.
What Basses May Be Issued.
A. No carrier subject to the provis
ions oAhis act shall hereafter, direct
ly or indirectly, issue or give any in
terstaate free ticket, free pass pr free
transportation for passengers, except
to its officers, agents, employes, sur
geons, physicians, actual and bona fide
attorneys, and members of their im
mediate 'families; to ministers of reli
gion, local and traveling secretaries of
Yeung Men's Christian associations, tn
HERE IS REAL RURAL CONTENT.
Ever hang your horse up at the gate j
small farmer's house
of the average
about an hour before noon or sundown
and get his promise of "a meal's vie
tuais" and a night's rest? If not,
you've missed a great experience, says
the Washington Post. You are taken
out to tbe back porch, where a big j
tin basin sits on a long, low shelf. 1
There is coo! water a-plenty, with yel- 1
low soap anl clean, rough towels. !
There is, also, a brown stone jug with j
S
mates of hospitals and charitable an 1
eieemosvnary Institutions; to Indigent,
destitute and homeless persons, and to
such persons when transported by |
charitable societies or hospitals, and
tlie necessary agents employed ln such ,
transportatlon; to Inmates of the na
tional homes or state homes for dis
abled volunteer soldiers and of sol
diers' and sailors' homes, including ]
!
;
those about to enter and those return- :
ir.g home after discharge, under ar
rangements with b<3ards of managers,,
an d female nurses that served during
the civil war; to ex-union soldiers and
sailors ■ and ex-confederate soldiers;
i and to owners and caretakers of livc
j stock when traveling with such stock
; or when going to point of shipment or
i returning from point of delivery,
Exceptions to the Eule.
Provided, that this provision shall
rot, be construed to prohibit the inter
change of passes for the officers, «agents
and employes of carriers, and members
of their immediate families, nor to
prohibit any carrier from carrying
pcssengers free with the object of pro
viding relief in cases of general epi
demic, pestilence or other calamitous j
visitations, nor prevent such carrier j
front giving free or reduced transpor- ]
ta tion to laborers transported to any j
pmee lor the purpose of supplying any
demand for labor at such place.
Any carrier violating this provision
shall be deemed guilty of a misde
meanor and shall for each offense pay
to the United States a penalty of not
less than $10 nor more than $2,000, and
any person, other than the persons ex
cepted in this provision, who uses, or
who solicits or accepts for himself or
ether person, any such interstate free
ticket, free pass, or free transportation
stall be subject to a like penalty and
fine.
Cannot Own Coal Mines.
From and after May 1, 1908, it shall
bj unlawful for any common carrier to
transport from any state, territory or
district of the United States to any
ether state, territory or district of the
United States, or to any foreign coun
try any article or commodity manufac
tured, mined or produced by it or uh
der its authority or which it may own
in whole or ln part, or in which it may
have any Interest, direct or indirect ex
cept such articles or commodities as
may be necessary or used in the conduct
of its business as a common carrier.
j } hoae offere ., for transportation by
! oim petitors,
j
j
j
!
Provided, however, that pipe lines
operated by oil companies may trans
port '.heir own commodities as well as
j Any common carrier subject to the
provisions of this act shall promptly,
upon application of any shipper ten- j
dermg interstate traffic for transporta- ;
tion, construct, maintain, and operate :
upon reasonable terms a swltchc on- i
nection with any private side track j
which may be constructed to connect
with its railroad, where such connec
tion is reasonably practicable and can
j be put in with safety and will furnish
j sufficient business to justify the con
j
1
j , .
I struction and maintenance of the
i _, ,
same and shall furnish cars for tha
L „„ . , .
movement of such traffic to the best if
„ , , . ,
iU ability without d scrmiination n fa
, . . / ,
vor ot or against any such shipper,
11
11 8113,1 1,6 tlle dut y O* carriers en
K a S e<1 ln interstate commerce to give
equally good service and accommoda
tions to all persons paying the same
compensation for interstate transporta
tion of passengers.
a
The amendment requiring that the
interstate commerce commission be
given five days' notice before the is
suance of any interlocutory order, in
junction or decree suspending an or
der of the commission Is retained.
This is an extremely important provi
sion. Its presence in the law will pre
vent a court from giving snap Judg
ment on a complaint filed by a com
mon carrier against a decision of the
commission. The commission will have
to be informed of the nature of the
complaint and will have ample oppor
tunity to make reply.
Railroads carrying lumber are ex
empted from the operations ot the
Elkins amendment prohibiting com
mon carriers from transporting their
own product. This was done because
there ore so many small railroads in
the south and west that own tracts
of timber and haul their own products,
which would tie mined if they were
not exempted.
Section 2. That section 6 of said act,
as amended March 2, 1889, be amended
so as to read as follows:
Rates to Be Posted,
Section 6. That every common car
rier subject to the provisions of this
act shall file with the commission cre
ated by this act and print and keep
open to public Inspection schedules
a corn cob stopper ami a shining tin
cup, and you're welcome to all the
to drink.
mountain dew you care
You and the master of the house
compose yourselves in big splint-bot
tom rocking chairs, light your pipes
and watch your "critter" rolling in the
stable lot, while a small black person
waits for him to get through, holding
two bundles of sweet-smelling fodder
to give him afterward.
At last, after inhaling many grats
-hall
cept,
showing all the rates, tares and charges
for transportation between different
points on Its own route and between
[ points on Its own route and points on
j the route of any other carrier by rall
| read or by water when a through route
j a net joint rate* have been established.
Any common carrier subject to thejm
I provision« of this «et receiving freight |
; hi the United States to be carried j
through a foreign country to any place ! of
in the United States shall also In like raerce
! manner print and keep open to public j ot,
i inspection, at every depot or office ; agent
I where such freight Is received for i by
shipment, schedules showing ta» !
through rates established and charged tion
by such common carrier to all points i'bla
I in th e United States beyond the foreign tiary
I country to which It accepts freight tor years,
I shipment' and any freight shipped ment,
piss:r:sr:::?r:s:
art, shall, before it Is admitted Into the lation
States from said foreign conn
^ gubject tQ cu8toma dutles „ tcaa
said freight were of foreign produe- fense
! tion. '
S -No change shall be made In the with.
mes fares, and charges, or joint rates and
fare6t am , chargea wh i cb have been the
fand pubUBhed by anv common been
| Cf , rier , n compliance with the require-1
nlfnts c f tb i a section, except after 110
, days - no tlce to the commission and to ; who
(ho puh | lc published as aforesaid, state
]
ou
bj
schedules, or shall be plainly indicated !
upon the schedules in force at the time J shall
and kept open to public Inspection, i
Provided, that the commission may, ln ;
Us discretion and for good cause 1
shown, allow changes upon less than
the notice herein specified, or modify sum
the requirements of this section ln re
sped to publishing, posting, and tiling
of tariffs, either in particular instances
or by a general order applicable to spe- the
dsl or peculiar circumstances or con- this
a
tion
! which shall plainly state the changes ;
; proposed to be made in the schedule I this
then in force and the time when the 1
: c i ia , 1 g e d rates, fares, or charges will go port
efl - ect . an( | proposed changes , or
8 j ia p i b0 ghowm by printing new other
dttions.
j copies of all contracts, agreements, or
j arrangements with other comomn car
] rieir in relation to any traffic affected
j by the provisions of this act to which
it may be a party,
No carrier shall, unless otherwise
provided by this act, engage or partici
pate in the transportation of passen
gers or property, as defined in the first
section of this act, unless the rates,
fares «and charges upon which the same
All Contracts to Be Filed.
Every common carrier subject to this
act shall also file with said commission
shall any carrier charge or demand or!
collect or receive a greater or less or I or
any
act,
the
such
,for
are transported by said carrier have
been filed and published in accordance !
isions of this section ; nor 1
with the pr
different compensation for such trans- j <
portatlon of passengers or property, or! ac
there- !
n-lined ln
s, and ! to
for any service in connection
with, between the points
such tariffs than the rates, f{
charges which are specified in the tariff ;
filed and ln effect at the time;
shall any carrier refund or remit
as
nor !
in !
by
any manner or by «any device any por- ;
tion of the rates, fares and charges so i
specified, nor extend to any shipper or be
person any privileges or facilities in ! ing
in
the transportation of passengers
property, except such as are specified I
be
in such tariffs.
That ii
threatened ! or
time of war or
war preference and precedence shall,,
upon the representation of the presi- !
dent of the United States of the need j
therel'or. be given, over all other traf- j *'
in
as
fir, to the transportation of troops and .
material of war,and carriers shall adopt : aR
. I
j
;
:
i
j
ing
tice
.
if
Aek À
&
■:/u
BBSS.
-U
m.
W
Â
for
the
. .. , . ... ,
act to further regulate comemree with ;
foreign nations and among the states I ,,
approved February 19 1903, be amend-, ,
ed so as > rea as o ows. j ,j
flhe willful failure upon the part of j ed
any carrier subject to said acts to (He ! mi!
and publish the tariffs or rates and j by
charges as required by said acts, or
strictly to observe such tariffs until
changed according to law, shall be a ;
misdemeanor, and upon conviction
tnereof the corporation offending shall
1
¥
REPRESENTATIVE HEPBURN.
Introducer of the original rate measure
in the house.
every means within their control to fa
cilitate and expedite the military traf
ftc
be
is
Penalties Are Provided,
That section 1 of tbe act entitled "An
bo subject to a fine of not less than j
II 000nor more than »20,000 for each of- tbe
fuse- and it shall be unlawful for any i
person, persons or corporation to offer,
g-ant or give, or to solicit, accept or
receive any rebate, concession or dis
crimination In respect to the transpor
tation of any property in interstate or
foreign commerce by any common car- ed
rier subject to said act to regulate
commerce and the acts amendatory P'
thereto whereby any such property
shall by any device whatever be trans- ,on
ported at a less rate than that named
in the tariff's published and Hied by
such carrier, as is required by said act
to regulate commerce and the acts
amendatory thereto, or whereby any
other advantage is given or discrimin
ation is practiced.
in
as
fui odors, you are summoned to the j
living-room and there, assembled with- i
out ostentation, are the fried relics |
of your feathered friends, great cuts ;
of savory home-made bacon, heaps of j
fresh eggs, cooked on both sides, hot, j
biscuits and combread, honey, yellow :
milk, steaming coffee and slabs of j
butter, with the perfume of the clover ;
j
Any industrious and patient and j
determined man can build for him- j
rich upon it. So you feast!
wfio ' tion
con- j is
1 be i dor
isdemeanor. ami
Every person or corporailon
-hall oner, grast or S''*. or solicit, ac
cept, or receive any such rebates
cession, or discrimination stm
person, or any officer or director of any ;
corporation subject to the provisions j
of this act. or the act to regulate com
raerce and the acts amendatory there- j the
ot, or any receiver, trustee, lessee,
agent or person acting for or employed j
by any such corporation, who shall be u
convicted as aforesaid, shall, In add!
tion to line herein provided for. bo 11a
i'bla to imprisonment In the
tiary for a term of not exceeding two
years, or both such flue and imprison
ment, ln the discretion of the court.
ÎÏÏÂKS'«™
lation was committed, or through
wbith the transportation may have
tcaa «.„jucted: and whenever the of-1
fense l* begun in one «nrlsdlc! Ion and
completed In another It may be dealt:
with. Inquired of, tried, determined.
and punished In either jurisdiction In
the same manner as If the offense had j
been actually and wholly committed
therein.
Any person, corporation, or company
; who shall deliver property for lnter
state transportation to any common
deemed guilty or n
ou conviction thereof shall be punished i
bj a fine of not less than 11,000 nor pay
than $20,000: Provided, that any
! United States or foreign country, who j
J shall knowingly and willfully, by cm- jn
i ploye, agent, officer or otherwise, dl- r(
; rectly or Indirectly, by or through any j fm
1 means or device whatsoever, receive or. of
accept from such common earner any j
sum of money, or any other valuable
consideration, as a rebate or offset
against the regular charges for trans- bo
portatlon of such property, as fixed by
the schedules of rates provided for in of
this act, shall be deemed guilty or a
fraud, which is hereby declared to be
a misdemeanor, and, shall, upon con
vlctlon thereof in any court of the
United States of competent Jurisdtc- t |
tion within the district where such of
1 and
i
; carrier, subject to the provisions of;
I this act, or for whom, as consignor or,
1 consignee, any such carrier shall trans- j , )U
port property from one state, territory, j
, or district of the United States to any
other state, territory or district of the 1 )il3
as
j
three times the total amount of money
I or three times the total value of such
moderations so received or accepted,
fense was committed, in addition to
any other penalties provided by this
act, be subjected to a fine equal to
three times the sum of money so re
ceived
value of any other consideration so re
ceived or accepted, to be ascertained by
the trial court; and in the trial for
such offense, all such rebates or other
considerations so received or accepted
accepted, and three times the
,for a perlo.) of six years prior to the
! commencement of the action may be
1 considered, and the said fine shall be
j <
ac the case may be: Provided, that the
! foregoing penalties shall not apply to
rebates or considerations received prior
! to the passage and approval of this act.
Authorized to Fix Rates.
;
Sec. 4. That section 15 of said act be
!
! amended so as to read as follows:
See. 15. That the commission is
;
i thorized and empowered, and it shall j
be its duty, whenever, after tuil hear
! ing upon a complaint made as provided! fî
in section 13 of this act, or upon com
a
I plaint of any common carrier, it shall
be of the opinion that any of the rates,
charges whatsoever, demanded,
! or
! carrier or carriers, subject to the pro
j visions of this act, for the transporta
j *' on persons or property a3 defined
in the first section ot this act, or that
charged, or collected by any common
a
.
: aR y regulations or practices whatso
. I ever of such carrier or carriers affect
ing such rates, are unjust or unreason
able, or unjustly discriminatory, or un
duly preferential or prejudicial, or oth
erwise in violation of any of the pro
visions of this act, to determine and
prescribe what will be the just and
reasonable rate or rates, charge or
charges, to be thereafter observed in
such case as the maximum to be
charged; and whnt regulation or prac
tice in respect to such transportation is
just, fair and reasonable to be there
after followed; and tp make an order
that the carrier shall cease and desist
from such violation, to the extent to
which the commission find the same to
demand, or collect any rate or charge {
for such transportation in excess of the
maximum rate or charge so prescribed, j
and shall conform to the regulation °r
practice so prescribed. All orders of j
the commission, except orders for the
payment of money, shall take effect
within such reasonable time, not less
, than 3 Odays, and shall continue in
; fo;co such , od Qf t ,
I ,, eedlng two y(wra , as 8haI1 pra .
, CTlbed , Q the order of th9 comml8 .
j ,j on , un i es8 the same shall be suspend
j ed or mol j(f| e q 0 r set aside by the com
! mi! , 8lon or fi0 s , jspended or Bet a8lde !
j by a poprt 0 f competent Jurisdiction
;
exist, and shall not thereafter publish,
I
• !
May Make Joint Rates,
The commission may also, after I
hearing on a complaint, establish J
through routes and Joint rates as the j
j n^ximum to be charged and prescribe
tbe divlslon of euch 38 h 6 ™'" 1 " 1 -
i fore P rcvlded ' and the terms ttnd ™ n -
dulons und8T wlllch " uch throu 8 h
route8 aha11 bB °P era,ed ' wh(!n that
raay be necf ' 8i,arJ ' w K |ve efrect t0
Pulsion of this act, and the carriers
«'"P !alned of have ret,Ised neglect
ed t0 voluntarll y establish such
throUf5h routes and J° lnt rates ' P rovld -
P' 1 no reaiionab B or aatl8factor >'
through route exists, and this provls
,on Bba a P p,y wbeD one of the con
n{cting carr!ers 13 a water Une '
Provision for Damages.
Sec. 6. That section 16 of said act, as
amended March 2, 1889, be amended so
as to read hs follows:
Sec, 16. That If, after bearing on a
complaint made as provided in see
dio
But the hon
very J
j self just such a home ln almost any
i southern neighborhood. There is no
| room in that region for the incendi
; ary agitator—for the man
j preaches discontent and expects to
j thrive on social chaos,
: est toiler, equipped with tbe
j smallest glimmer of Intelligence arid j
; thrift, can build a competence for j
j himself and bestow upon his family I
j health, happiness and civilization, j
j Take it or leave it 1
' tion 13 of this act, th® commission shall !
deUtmine that any party
j is entitled to an award of daman's*
i dor the provisions ot this act lor a vlo
lation thereof, the commlsalo
; named.
j If a carrier does not comply
order for the payment of mom
j the time limit in such order, ■
plninant, or any per.- >n for
j bcuellt such order was made,
u the
States for the district In which he re
sides or In which la located the prlBcl
penlten-1-•-j
!
-p y ag yw g. i
WÊf]L
■hV** AT\
Œ
. V- 1
|
f
j x'vfcT I
1
,V\limr A ^PY'\
• ' ^ \ \ \

'ruplainanl
shall
i make an
dei directing the carrier to
pay to the complainant the rum to
which he is entitled ou or before a Jay
ith nu .
within
the com - 1
whose :
• file
United
dreuIt court of the
;
I
J
i
j nges> and the order of the commission
jn the p remlse s. Such suit shall pro- j
r( , eil m a il respecU like other civil aults •
j fm . damag „, exoept that on the trial '
or. of such 8ult , Uo «„dings and order of
j t)ie commls , lon shall he prima fade ,
elldeuc0 of the (aclil therein stated,
nnd except that , ho petitioner shall not
bo llnble Ior costs In the circuit court
nor for costs at any subsequent stage
in of tb# proceedings unless they accrue
a n h „ appea |, lr the petitioner shall
be ßnElly pr8ïnll h0 8Ua ,l be alh.wed a
reaaonabia attorney s fee, to he taxed
an ,| collected aa a part or the coats of
t | lc 8Ui |
F F NATO Ft Til T,M \ N'
be upper hou
1 and was prominent in all the debates that
i followed.
of;
or,
j , )U j opera t.ing office of the carrier, or
j tinoiigti which the road of the carrier
iunr a petition setting forth brletty
1 )il3 J, ausea j or w i,lch ho claims d am
In such suits nil parties ln whose fa
vor the commission may have made an
award for damages by a single order
may be Joined as plaintiffs, and all of
the carriers parties to such order
awarding such damages may bo joined
as defendants, and such suit may be
maintained by such joint plaintiffs
and against such joint defendants in
any district where any one of such
joint plaintiffs could maintain such
suit against any one of such Joint de
fendants; and service of process
j against any one of such defendants as
ma y n ot be found in the district where
to
to
be
be
the suit is brought may be made in any
district. where such defendant carrier
has Its principal operating office. In
case of such Joint suit the recovery, If
any, may he by Judgment in favor of
any one of such plaintiffs, against the
defendant found to be liable to such
to
be
plaintiff.
Any carrier, any officer, représenta
Orders of the Commission.
j ^ v6| or agent of
fî 1 1 hci- of them, who knowingly tails or
r any re
•elver, trustee, lessee, or agent of,
neglects to obey any order made tin
der the pmvjHiou« ot section J£Lpf this
act, shall forfeit to the United States
the sum of $5,000 for each offense.
Every distinct violation shall be a sep
a rate offense, nnd ln case of a continu
Ir.g violation each day shall be deemed
a separate offense.
It shall be the duty of the various
district attorneys, under the direction
of the attorney general of the United
Stales, to prosecute for the recovery of
foifeitures. The costs and expenses of
such prosecution shall he paid out of
the appropriation for the expenses of
the court« of the United States.
un
or
in
be
is
to
to
Provision for Court Review.
If any carrier fails or neglects to
obey any order of the commission,
other than for the payment of money,
while the same le in effect, any party
Injured thereby, or the commission in
its own name, may apply to the circuit
court in the district where such carrier
has its principal operating office, or In
which the violation or disobedience of
such order shall happen, for an en
forcement of such order. Such appilca
{ tion ghaU be by petition,
the 8ba { e bb0 8 „t) 8 t a nce of the order and
j bbe respect ln which the carrier lias
°r -failed of obedience, and shall be served
of j
the
less
in
.
.
!
tiicli shall
upon the carrier in such manner as the
court may direct, and the court shall
prosecute such Inquiries and make such
Investigations, through such means as
it shall deem needful in the ascertain
ment of the facts at issue or which
may arise upon the hearing of such
I petition. If, upon such hearing as the
court may determine to be necessary,
it appears that the order was lawfully
made and duly sprved, and that the
• ! cat rier is in disobedience of the same,
the court shall enforce obedience to
I such order by a writ of Injunction, or
J other proper process, mandatory or
the j otherwise, to restrain such carrier, its
officers, agents or representatives, from
1 - turl^.T disobedience of such order, or
n - t0 c "3° ln "P 011 lf - or "bodl'-ncc to
h ,he Mme; and ln thfl *a*> r cement of
««<* P roceBS thfi Cflurt 8lia11 hav<! those
P ,,7rera '»rdinarily exercised by it In
compelling obedience to !U writ» of
injunction and mandamu«.
-
>'
From any action upon such petition
on appeal shall Be by either party to
the supreme court of the United States,
anti ln such court tbe case shall have
priority in hearing and determination
over all other causes except rrlminal
causes, but such appeal shall rot va
cate or suspend the order appealed
fiom.
as
so
a
Text of Allison Proviso.
The venue of suits brought in any of
the circuit courts of the United States
THE SUNDAY ROWDY.
The Sunday rowdy Is one of the j
most pestiferous of the minor nuis- ;
ances in New York. He makes life :
miserable for many persons whose j
only holiday is Sunday and whose only j
means of escaping from the beat and !
noise of the city is the public trans-1
portatlon system. It is impossible to ;
the Sunday .
He may be explained as an
find any defense for
rowdy,
overdeveloped physique with an un- j
derdeveloped mind. This year the |
transportation managers—whose fail-1
! against the eommtsslo* to enjoin, §«t
re tl.e ten.shall b« In th* district wher.
> Id can,or has Its principal offlea and
Jutbdiotiou to hear and détermina such
®" u * ls heieUy T " 1 * d ln * arh court*.
! 1 he provisions of An act to upedtu
i the heurlug and determination of suits
!:ää»=s
J
preliminary Injunction, and me .so
* "W 11 ' a " any pmi ng
''unity to enforce any order or require
ment of the commission, or any of .he
provisions of the act to regulate oom
| *' eb ™ Mir ' lss7 ' *"■»
..'1 nets amendatory thereof or supple
I n ' n!al l5|t r ' M ** 0< -
1 f t tll ' > an " mey f ,m8ral ln * yi ' ry such
ricpend uoy order or
• requirement of th« commission shall
arrler
a^tdc, Annul
b-' in the district where the
horn such order or rrquirc
auuinat
jen: may tune been mad# ln its prln
offlce, and nuy t>#
to
to nr» operating
bt ou g lit at any time af-er auch order la
And if the order or r#
pivpiuUate 1
nu . qui renient has bean made against two
<>r more carrier» then In th# dlsulct :
here any one of said carrier* bed Us
and If the j
- 1
: principal operating office
file ret Her has Its principal operating of- ;
flee in the District of Columbia, then
; case to tile the certificate provided for
in said expediting act of February 11,
I 31/03, aw necessary to the application of !
the provisions thereof, and upon ap- j
J peal as therein authorized to the eu* ■
preme court of the United States, th®
case shall have in such court priority ln
hearing and determination
'other causes except criminal caueos:
i Provided, that no Injunction, lntorlocu
„Tfiwc.mmnrôràn ordM
pro- j . .. . . , .
• 0||ll n
trial ' d T,° , , Ä . „.ï .
of ; j . ,. nv ln i«rlocu
fade , ", J _ or mn
,J * .....
not ' ' f 1 " J " . f ... ..
! h U, b p' H ., tllrlhBr
stage j ' ,ù. L ' ,, ht '
j . ' . ' r . .
shall ; ' uh ',,
a £ îbë àpndla^, coiirt ovm aÙ .ther
taxed ; ' Px ) . 0 f like character
of
1111(1 criminal causes,
that
or
am
over all
Appeal for Rehearing.
Sec, 0. That a new section be added
to said act immediately after section
10, to bo numbered aa section 10a, us
fa
an
order
of
order
her. IGa. That after a decision, order,
be oi requirement lias been made by the
commission in any
in party thereto may at any time make
such 1 application for rehearing of the earn«,
such or any matter determined therein, and
de- it shall he lawful lor the commission
in Its discretion to grant such rehear«
as ing if sufficient reason therefor be
where mado to appear. Applications for re
follows:
procoodlng any
any hearing shall be governed by such gen
oral rules as the commission may es
In tahlish. No such application «hall ex
If cuse any carrier from complying with
of or obeying any decisions, order or re
the quirement of the commission, or ope
such j rate in any manner to stay or postpone
tbe enforcement thereof, without the
special order of the commission. In
! case a rehearing Is granted the pro
or
re- ! ceedlngs thereupon shall conform as
of, nearly as may be to the proceedings
ln an original hearing, except as th#
tin- commission may otherwise direct,
this
States
sep- transportation or reduced rates to the
officers of organizations or employes
for the purpose of transacting the busi
ness of such organizations with such
railroads. Provided, that such reduced
rates or free transportation are not ls
Sec. 1Gb. Nothing ln this act shall
y common carrier btipjoo#
to its provisions from giving free
prevent f
United
of
of
of
of
sucd with the view of discriminating
.A
th, : {
\
à -•*?■
to
party
in
circuit
carrier
E
1
A
So
m
In
of
en
and
lias
served
m
,
\
I
v
shall
SENATOR BAILEY.
the bill was ques
tioned by newspaper correspondents at
the capitol.
Whose attitude
the
shall
such
as
which
such
the
the
same,
to
in favor of or against any particular
class of employes.
Other provisions of tbe bill provide
that the commission shall be empow
ered to require annual reports from all
common carriers, and providing that
such reports shall be of the fuilesf
character; giving the commission n
ail times access to the books of com
mon carriers, heavy penalties are en
joined for false entries in accounts. A
fine of |5,000 or imprisonment for a
term of two years, or both, is decreed
for any examiner who shall wrongly
divulge Information acquired through
examinations of accounts. Circuit and
district courts are to have jurisdiction
to Issue writs of mandamus compell
ing common carriers to obey the or
ders of. the commission. Bills of lad
or
or
its
from
or
to
of
those
In
of
ing are to be issued by any common
carrier accepting goods for transporta
tion, making railroad companies liable
to for loss or damage done in transit
States, over their or any other line. The corn
have mission I.-; empowered to employ spe
j dal agents or examiners with full
| powers,
va
' force from and after its passage,
This ad takes effect and Is ln
The Interstate commerce commission
will atmslst of seven members,
shail draw salaries of »10,000 per an
num each.
of
States
ho
j ure to perform their duties In the
; past is largely responsible for the con
: ditions that exist—appear to be mak
j ing a real effort to suppress the young
j toughs that abuse their lines. In this
! they should have the active and hearty
cooperation of the city authorities. A
; dozen or so disturbers of the peace
. sent to Jail would stop many of the
mos t acute annoyances,— N. Y. Sun.
j
| And the more justice some men g«(
the more they are dissatisfied.
I
§«t
' Ä
and
J
.so
.he
*"■»
such
or
*
t.h
n?
L
t>#
la
r#
k«crifl:»
ar.d tears w®
Qrcw
To be the he r*
of liberty,
High-flung.
emblem waves
anew
the tea.
. Thrc
3*
Ä
:
b
■ »
our
Us
the j
of- ;
X
It« sacred promise o'<
Saved the
Declaration
From British
V
ii
of the present
to being
iparatively fo'
Co I
generath
is of our
as once the most preci
low!
al Jofumems, the Declaration of
nut lc
vas during the
It
var
of Independ*
of 1SI2
•ears, ln a I'ram#
ig, for mai
the room
the state
ent ii
ii
hei
gton ln 180
Mr Monne,
win
» veil t<
u .1 *hli
for
11,
of !
ap- j
eu* ■
th®
ln
.
mn
.....
..
ht '
.
.ther
lih th«
ruinent.
when he w.
•(inferred
lied u
vh li'li
pmi Mr
the liglitlumsi* estahliahment, to
vhloh
as added the auditing of the mlnU
ccounUi.
naary of prison
consular
all
Mr. Beaseley, com mi
ers of
department Home I/mdon
newspapers statin« that the Kngllsh
fleets and transports were receiving
ix. France, with th#
»peratlng against WaaU
fhe state
it Borden
roopa
Intention
lmttoi
.f tills information.
welp
is ii few days bo I ore the ene
d Washing!'
Mr. Monroe,
my enttu
.•rotary of state, James Madison
homo,
being president,
Itod bln
ill village on
edict, ft s
. where the British forces
ind climbed an
vithln a quarter of a mil#
of I be village, In order to ascertain Urn
strength of the enemy. Being <
vinrod after Ills Inspection that wo
added
us
order,
the
make
earn«,
and
be
re
had no force available that could sue«
cessfully resist them, he sent a note to
Mr. l'leaaonb
him to S'
of the 1)
by a videt.te, advising
that the best care was taken
>f the stats
iks and papers
apart mont.
Art Ing at once upon this authority
purchased some coarso
and had it made Into bags of
suitable size, In which ho, assisted by
the others of the office, placed the
any
Mr I'lens
llnei
books and other papers.
While engaged Id this work Gen.
Armstrong, then secretary of war,
passing the state department on his
tfflee, remarked that
he thought they were unnecessarily
alarming themselves, ns he did not
ta Ink the British w#re serious In their
intentions of coming to Washington.
Fortunately Mr. Pleasonton was of a
different opinion, nnd observed that It
was the part of prudence to take
measures to preserve these valuable
papers of the revolutionary govern
ment, Had Mr. Pleasonton delayed
few days, had he followed the
advice of the secretary of war, an Ir
reparable loss would have been sus
tained. For the papers which Mr.
Pleasonton had placed in the côars#
linen bags comprised the secret Jour
nals of congress, then not published;
the correspondence of Gen. Washing
ton, hla eommislson, resigned at the
close of the war; the correspondence
of Gen. Greene «and other officers of
the revolution, as well as laws, trea
ties, and correspondence of the depart
ment. of state, from the adoption of the
constitution down to that time.
gen
es
ex
with
re
ope
the
my to his
In
pro
as
th#
the
busi
such
reduced
ls
but
shall
btipjoo#
free
Mr. Pleasonton had the hags carter!
to a grist, mill which he selected ns a
suitable depository. The mill, wtflch
was unoccupied, belonged to Edgar
Paterson, and was situated
the Vir
ginia side of the Potomac, beyond the
Chain bridge, two miles above George
town.
The Inst load bad left and Mr. Pleas
onton was just quitting the vacant
rooms, when, turning back suddenly
to see whether anything had been loft
behind, to his consternation he saw
i^io Declaration of Independence,
which had been overlooked, still hang
ing upon the wall. He hast liy cut it
out of the frame and carried it away
with the other papers.
He then began to be uneasy about
the place he nad chosen, for If the
British took Washington, which he
firmly believed they would do, and
very soon at that, they would in all
probability detach a force for the pur
pose of destroying a foundry for the
making of cannon and shot In the
neighborhood, and of course would
consider a grist mill too valuable a
thing to be left standing In a country
they meant to subdue. Mr. Pleasonton
therefore visited some of the Virginia
farm houses, whose owners were only
too willing to loan him wagons in
which to convey the documents to
Leesburg, a distance of 3S miles. There
they were deposited In an empty
house, the keys of which were given
to Rev. Mr. Littlejohn, who was one
of the collectors of internal revenue.
Worn out. with his labors, Mr. Pleas
onton states in a letter, he retired
early to bed that night and slept
soundly. Next morning he was in
formed by the people of the little tav
ern where he had stayed that evening
that they had seen (luring the night,
the same being the 24th of August, a
large fire in the direction of Washing
ton, which proved to lie the light, from
the public buildings, which the enemy
had set on fire and burned to the
ground.
When he returned t,o Washington on
the 26tli he found the public build
ings still burning, and learned that tha
British army had evacuated the city
the preceding evening, in t.he belief
that the Americans were again assem
bling In the rear for the purpose of
cutting off their retreat.
But as the British fleet still hovered
in the neighborhood nnd threatened
Washington with a second invasion,
it. was not considered safe to bring th»
papers of the state department back
for some weeks. In the meantime Mr.
Pleasonton made occasional trips to
!«>eshiirg for particular papers to
which the secretary of state had oce»
ilor, to refer In the transaction of bn*J
ness. -
\
ques
at
provide
all
that
fuilesf
n
com
en
A
a
and
or
lad
liable
transit
corn
spe
full
ln
an
ho
the
con
mak
young
this
hearty
A
peace
the
g«(

xml | txt