The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countriesParsons, Frank
History
The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countries
Parsons, Frank
Railroads -- Freight -- Rates -- United States; Railroads and state -- United States
The Hepburn Bill, which is one of the strongest measures before
Congress, provides that the Interstate Commission, on complaint and
proof that any railway rates or charges, or any regulations or practices
affecting such rates are unjust, or unreasonable, unjustly
discriminatory, or unduly preferential or prejudicial, may determine and
prescribe what will, _in its judgment_,[385] be the just and reasonable
rate or charge, which shall thereafter be observed as the maximum in
such case; and what regulation or practice in respect to such
transportation is just, fair, and reasonable to be thereafter followed.
The order is to go into effect thirty days after notice to the carrier.
And any company, officer, or agent, receiver, trustee, or lessee who
knowingly fails and neglects to obey any such order is liable to a
penalty of $5,000 for each offence; and in case of a continuing
violation each day is to be deemed a separate offence. It is provided
that the Commission may establish maximum joint rates or through rates
as well as rates pertaining to a single company, and may adjust the
division of such joint rates if the companies fail to agree among
themselves. The Commission may also determine what is a reasonable
maximum charge for the use of private cars and other instrumentalities
and services, such as the switching services of terminal railways, etc.
No change is to be made in any rate except after thirty days’ notice to
the Commission, unless the Commission for good cause shown allows
changes upon shorter notice.
The Commission may petition the Circuit Court to enforce any order the
railroads do not obey. And if on hearing “it appears that the _order_
was _regularly made and duly served_, and that the carrier is in
disobedience of the same, the _court shall enforce_ obedience to such
order by a writ of injunction, or other proper process, mandatory or
otherwise, to restrain such carrier, its officers, agents, or
representatives, from further disobedience of such order, or to enjoin
upon it or them obedience to the same.” Appeal may be taken by either
party to the Supreme Court of the United States. The Commission may in
its discretion prescribe the forms of all accounts, records, and
memoranda to be kept by the railways, and provision is made for
inspection as follows:
“The Commission shall at all times have access to all accounts, records,
and memoranda kept by carriers subject to this Act, and it shall be
unlawful for such carriers to keep any other accounts, records, or
memoranda than those prescribed or approved by the Commission, and it
may employ special agents or examiners, who shall have authority under
the order of the Commission to inspect and examine any and all accounts,
records, and memoranda kept by such carriers.”[386]
Public-domain text, read in full here on John Shaqi.
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