The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
History
The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
The Committee on Interstate Commerce, to which was referred
Senate bill 423 "To amend section 6 of an act entitled 'An act to
regulate commerce,' approved February fourth, eighteen hundred and
eighty-seven, and acts amendatory thereof," respectfully reports said
bill adversely, and recommends its indefinite postponement.
The amendment proposed to section 6 will be found on page 4,
commencing on line 10, and ending on page 5, on line 8, of the bill,
as follows:
_Provided further_, That at any time prior to the expiration of
the notice herein required to be given of a proposed increase
of rates, fares, or charges, or of joint rates, fares, or
charges, any shipper or any number of shippers, jointly or
severally, may file with the commission a protest, in writing,
against the proposed increase in whole or in part, stating
succinctly the grounds of his or their objections to the
proposed change. The filing of such protest shall operate to
continue in force the then existing rate or rates, fare or
fares, charge or charges, proposed to be changed and protested
against as aforesaid, until the reasonableness of the rate
or rates, fare or fares, charge or charges, proposed to be
substituted shall have been determined by the commission. Upon
the filing of such protest, a copy thereof shall be mailed by
the Secretary of the commission to the carrier or carriers
proposing the change and thereafter the commission shall
proceed to hear and determine the matter in all respects as it
is required to do by sections thirteen and fifteen of this act,
in case of a complaint made because of anything done or omitted
to be done by any common carrier, as provided in said section
thirteen; but throughout the proceeding, the burden of proof
shall be on the carrier proposing the change to show that the
rate, fare or charge proposed to be substituted is just and
reasonable.
An amendment was offered in the committee which would modify
the original proposition of the amendment, by leaving it to the
discretion of the Interstate Commerce Commission, upon the filing
of a protest against the proposed increase of rates, to determine
whether the schedule filed should go into effect at the end of
thirty days or should be suspended by order of the commission until
after final hearing, upon the question as to whether the advance was
reasonable.
This proposed amendment to the amendment of the 6th section, although
somewhat modifying its effect, did not alter the principle upon
which the original amendment rested, or remove the objections that
influenced the committee in reporting the bill adversely. The reasons
which control the action of the committee may be briefly stated as
follows:
REVIEW OF QUESTION BEFORE COMMITTEE.
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