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HAVING UNDER CONSIDERATION THE BILLS (S. 3521) “TO ENLARGE THE JURISDICTION
AND POWERS OF THE INTERSTATE COMMERCE COMMISSION,” INTRODUCED
IN THE SENATE FEBRUARY 4, 1902, BY MR. ELKINS; AND (S. 3575)
“TO AMEND AN ACT ENTITLED 'AN ACT TO REGULATE
COMMERCE,' APPROVED FEBRUARY 4, 1887, AND ALL
ACTS AMENDATORY THEREOF,” INTRODUCED

FEBRUARY 5, 1902, BY MR. NELSON.

VOLUME L.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

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THE ELKINS BILL AS ORIGINALLY INTRODUCED.

[S. 3521, Fifty-seventh Congress, first session.]

A BILL To enlarge the jurisdiction and powers of the Interstate Commerce Commission.

1 Be it enacted by the Senate and House of Representatives of the United States of 2 America in Congress assembled, That any definite order made by the Interstate 3 Commerce Commission after hearing and determination had on any petition 4 hereafter presented pursuant to section thirteen of an act entitled "An act to 5 regulate commerce,” approved February fourth, eighteen hundred and eighty6 seven, declaring any existing rate or rates in said petition complained of, for the 7 carriage of any given article or articles, person or persons, or any regulation or 8 practice affecting such rates, to be unjustly discriminative or unreasonable, 9 and declaring what rate, regulation, or practice affecting such rate for the 10 future, in substitution, would be just and reasonable, shall become operative 11 and be observed by the party or parties against whom the same shall be 12 made, within thirty days after notice; or in case of proceeding for review as 13 hereinafter provided, then within forty days after notice; but the same may 14 at any time be modified, suspended, or revoked by the Commission, but shall 15 in no case continue in force and be obeyed beyond the period of one year 16 from the day the same becomes originally operative and is observed. If 17 such substituted rate shall be a joint one, and the carriers parties to that rate 18 shall be unable to agree upon the apportionment thereof among themselves 19 within ten days after any such order shall become operative, then the Com20 mission may declare as part of its order what would be a just and reason21 able proportion of such rate to be received by each carrier. Such order

as to its justness, reasonableness, and lawfulness, whether in respect to the rate, 23 regulation of practice complained of, or that prescribed in substitution therefor, 24 or the apportionment of a joint rate, or otherwise, shall be reviewable by any 25 circuit court of the United States for any district through which any portion of 26 the road of the carrier shall run, to which a petition filed on its equity side shall 27 be first presented by any party interested. Pending such review the said order 28 shall be suspended unless upon application to and hearing by said court it shall 29 be otherwise ordered; said court and the Supreme Court in case of appeal may, 30 at any time, upon application and notice, suspend or revoke the said order. The 31 several circuit courts of the United States are hereby invested with full jurisdic32 tion and powers in the premises, including the issuance and pursuit of the neces33 sary process to secure appearance of the parties. The court shall also direct 34 notice to the Commission of the filing of said petition; whereupon it shall be the 35 duty of the Commission, within ten days after the receipt thereof, to cause to be filed

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