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DUTIES AND POWERS OF THE INTERSTATE COMMERCE COMMISSION.
COMMITTEE ON INTERSTATE COMMERCE
UNITED STATES SENATE,
December 16, 1904, and subsequently,
THE COMMITTEE HAVING UNDER CONSIDERATION THE BILL (S. 2439-QUARLES
FEBRUARY 10, 1905.
58th CONGRESS, 3d SESSION.
INTERSTATE COMMERCE COMMITTEE
SENATE OF THE UNITED STATES.
STEPHEN B. ELKINS, of West Virginia.
(S. 2439, Fifty-eighth Congress, second session. In the Senate of the United States. December 12, 1903.]
Mr. Quarles introduced the following bill; which was read twice and referred to the Committee on Interstate Commerce:
A BILL Further to define the duties and powers of the Interstate Commerce Commis
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any order made by the Interstate Commerce Commission, after hearing and determination had on any petition now pending or hereafter presented, pursuant to section thirteen of an Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, declaring any existing rate or rates in said petition complained of for the transportation of persons or property, or any regulation or practice affecting such rates, or facilities afforded in connection therewith, to be unjustly discriminative or unreasonable, and declaring what rate or rates, regulation, or practice affecting such rate or rates, would be just and reasonable, and requiring them to be substituted therefor, shall become operative and be observed by the party or parties against whom the same shall be made within thirty days after notice, or, in case of proceedings for review, as hereinafter provided, then within sixty days after notice; but such order may at any time be modified, suspended, or revoked by the Commission upon full hearing of all parties in interest.
SEC. 2. That when the rate substituted by the Commission as hereinbefore provided is a joint rate, and the carriers, parties thereto, fail to agree upon the apportionment thereof among themselves within twenty days after notice of such order, the Commission may issue a supplemental order declaring the portion of such joint rate to be received by each carrier party thereto, which order shall be observed by such carriers. When the order of the Commission prescribes the just relation of rates to or from common points on the lines of the several carriers parties to the proceeding, and such carriers fail to notify the Commission within twenty days after notice of such order that they have agreed among themselves as to the changes to be made to effect compliance therewith, the Commission may issue a supplemental order prescribing the rates to be charged to or from such common points by either or ali of the parties to the proceeding, which order shall be observed by the carriers concerned.
SEC. 3. That every such order, as to its justness, reasonableness, and lawfulness, shall be reviewable by any circuit court of the United States for any district through which any portion of the road of any carrier named in such order shall run, to which a petition filed on its equity side, within twenty days from the service of such order, shall be first presented by any party interested. It shall be the duty of the Commission, within twenty days after notice, to cause to be filed in any