If RAILWAY
M
Full Text of the Measure as
Passed by the House and
Amended hy the Senate
OF FAR REACHING IMPORT
Makes Pipe Lines Common Carriers
of Shippers What Rates Are Just
and Reasonable to Be Thereafter Ob
served as Maximum Charges Sub
ject to Reviow by the Federal Courts
held to be common carriers within the
meaning and purpose of this act and
to any common carrier or carriers en
gaged in the transportation of passen
gers or property wholly by railroad or
partly by railroad and partly by water
when both are used under a common
control management or arrangement
for a continuous carriage or shipment
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 Colum
bia 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
the United States and also to the
transportation in like manner of prop
erty shipped from any place in the
United States to a foreign country and
carried from such place to a port pf
transshipment or shipped from a for
eign country to any place in the United
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 trans
portation of passengers or property or
to the receiving delivering storage or
handling of property wholly within one
state and not shirpedto or from a
Phone 95
Main Avenue
nnr nnfcrxt - rnrcn nnnnnnl I 1
foreign country from or to nny state or
territory as aforesaid
Includes Express and Sleeping Cars
The term common carrier as used
in this act snail Include express com
panies and sleeping car companies
The term railroad as used In this act
Bhall Include all bridges and ferries
used or operated In connection with
any railroad and also all the road In
use by any corporation operating a
railroad -whether 6wned or operated
under a contract agreement or lease
and shall also Include all switches
spurs tracks and terminal facilities of
evqry kind used or necessary In the
transportation of the persons or prop
erty designated herein and also all
freight depots yards and grounds used
or necessary In the transportation or
delivery of any of said property and
the term transportation shall include
cars and other vehicles and all Instru
mentalities and facilities of shipment
Puts Express and Sleeping Car Com
j or carriage Irrespective of ownership
panies Under Authority of Interstate or of any contract express or implied
Commerce Commission Publicity ol for tue use thereof and all services In
Tariffs nnrl A- flllintn wmtuuu wiui tue icueijn uunvuiy
Heavy Penalties For Violation of
elevation and transfer In transit
tilation refrigeration or Icing storage
Commissions Orders Fines and andhandllng of nronertv transported
prisonment For Givers and Takers ol and it shall be the duty of every earlier
Rebates Interstate Commerce Com- subject to tue Provisions of this act to
i nrnvfrlfi nni furnish tifli frnnsnnrfn
mission to Determine
on Complaint
Uoil upou reasouable request therefor
and to establish through routes and
just and reasonable rates applicable
thereto
All charges made for any service
rpnclprpfl nr to br romlnrnrt in thr
An act to amend an act entitled An Portntlon of passengers or property as
act to regulate commerce approved I aforesaid or In connection therewith
Feb 4 1SS7 and all acts amendatory sbn11 be 3st and reasonable and every
thereof and lo enlarge the powers of unjust and unreasonable charge for
the Interstate commercfi oommtssinn I such service or any part thereof is pro-
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled that
section 1 of an act entitled An act
to regulate commerce approved Feb
4 1SS7 be amended so as to read as
follows
Makes Pipe Lines Common Carriers
Sec 1 That the provisions of this
act shall apply to any corporation or
hibited and declared to be unlawful
Restrictions on Passenger Passes
No carrier subject to the provisions
of this act shall hereafter directly or
Indirectly issue or give any interstate
free ticket free pass or free
I tation for passengers except to Its
I cers agents employees surgeons
j siclans actual and bona fide attorneys
and members of their Immediate fam
ilies to ministers of religion local and
j 11WU U1 iouua uubuBcu in uits
trveiin secretaries of Tonne Mens
transportation of oil or other Vi
Christian associations inmates of
i
i 4 i
lrTP J eXCePJ Ua 01 Pltals and charitable and eleemosynary
artificial gas by means of pipe lines or i -
fi Anlnn institutions to indigent destitute and
lj wj Alc a 4114U pui uj uj
road or partly by pipe lines and partly
by water who shall be considered and
honiee s persons and to such persons
when transported by charitable soci
eties or hospitals and the necessary
agents employed in such transporta
tion to inmates of the national homes
or state homes for disabled volunteer
soldiers and of soldiers and sailors
homes including those about to enter
and those returning home after dis
charge under arrangements with the
boards of managers and female nurses
that served during the civil war to
ex Union soldiers and sailors and ex
Confederate soldiers and to owners
and care takers of live stock when
traveling with such stock or when going
to point of shipment or returning from
point of delivery Provided that this
provision shall not be construed to pro
hibit the interchange of passes for the
officers agents and employees of car
riers and members of their immediate
families nor to prohibit any carrier
from carrying passengers free with the
object of providing relief in cases of
general epidemic pestilence or other
calamitous visitations nor prevent
such carrier from giving free or re
duced transportation to laborers trans
ported to any place for the purpose of
supplying any demand for labor at
such place Any carrier violating this
provision shall be deemed guilty of a
misdemeanor and shall for each offense
pay to the United States a penalty of
not less than one hundred nor more
than two thousand dollars and any
lVVIVVVVVVV 9
Its a
Pleasure
to be customer of the
New Brick Meat Market
The keep a full asssorment of all kinds of
meats They treat you so well and so fairry
deal with you so squarely that you want to
come back Just try it once
Paul P Anton
- v -
M
COOK TRIBUNE
Only One Dollar the Year
1 Ay ers Pills
Keep them in the house j
l aKe one when you Feel bil
ious or dizzy They act di
Co
rectly on the liver
Want your moustache or beard BUCKINGHAMS DY
aurauiuuiuiuwuui iuuuiair uoc
ran cru or dbuggists or b p hall t co Nashua h a
person olherTlinn the persons excepted
In this provision who uses or who
solicits or nccepts for lilmself or oth
er person nny such Interstate free
ticket free pass or free transportation
shall be subject to a like penalty and
fine Jurisdiction of offenses under this
provision shall be the same as that pro
vided for offenses In nnact entitled An
act to further regulate commerce with
foreign nations and among the states
approved Feb 19 1903 and any
amendment thereof
Railways Must Not Doal In Coal
From and after Hay 1 190S It
I shall be unlawful for any common car
j rler to transport from any state ter
ritory or district of the United States
to any other state territory or district
of the United States or to any foreign
country any article or commodity oth
er than timber and the manufactured
products thereof manufactured min
ed or produced by it or under Its au
thority or which It may own in whole
or in part or In which it may have any
Interest direct or Indirect except such
articles or commodities as may be nec
essary and intended for its own use
In the conduct of its business as a com
mon carrier
Must Provide Switches For All Shippers
Any common carrier subject to the
provisions of this act shall promptly
upon application of any shipper tender
ing interstate traffic for transportation
construct maintain and operate upon
reasonable terms a switch connection
with any private side track which may
be constructed to connect with its rail
road where such connection is reason
ably practicable and can be put in
with safety and will furnish sufficient
business to justify the construction
and maintenance of the same and
shall furnish cars for the movement of
such traffic to the best of its ability
without discrimination in favor of or
against any such shipper If any com
mon carrier shall fail to install and
operate any such switch or connection
as aforesaid on application therefor
In writing by nny shipper such ship
per may make complaint to the com
mission as provided in section 13
of this act and the commission shall
hear and investigate the same and
shall determine as to the safety and
practicability thereof and justification
and reasonable compensation therefor
and the commission may make an or
der as provided in section 15 of
this act directing the common carrier
to comply with the provisions of this
section in accordance Avith such order
and such order shall be enforced as
hereinafter provided for the enforce
ment of all other orders by the com
mission other than orders for the pay
ment of money
It shall be the duty of carriers en
gaged -in interstate commerce to give
equally good service and
compensation for Interstate transporta
tion of passengers
Ail Tariffs Must Be Published
Sec 2 That section G of said act
as amended March 2 1889 be amended
so as to read as follows
Sec G That ever1 common carrier
subject to the provisions of this act
shall file with the commission created
by this act and print and keep open to
public inspection schedules showing all
the rates fares and charges for trans
portation between different points on
its own route and between points on
its own route and points on the route
of any other carrier by railroad by
pipe Hue or by water when a through
route and joint rate have been estab
lished The schedules printed as afore
said by any such common carrier shall
plainly state the places between which
property and passengers will be car
ried and shall contain the classification
of freight in force and shall also state
separately all terminal charges storage
charges icing charges and all other
charges which the commission may re
quire all special privileges or facilities
granted or allowed and any rules or
regulations which in any wise change
affect or determine any part of or the
aggregate of such aforesaid rates
fares and charges or the value of the
service rendered to the passenger ship
per or consignee Such schedules shall
be plainly printed in large type and
copies for the use of the public shall
be kept posted in two public and con
go HTfo effect and the proposed and lniinl3oumenrlnlheiliscretiono7
changes shall be shown by printing the court Every violation of this sec
new schedules or shall be plainly hi- tion shall be prosecuted In nny court
dlcated upon the schedules In force at
the time and kept open to public in
spection Provided that the commis
sion may in its discretion and for good
cause shown nllow changes upon less
than the notice herein specified or
modify the requirements of this sec
tion lit respect to publishing posting
and filing of tariffs either In particular
instances or by a general order applica
ble to special or peculiar circumstances
or conditions
As to Joint Tariffs
The names of the several carriers
which are parties to any Joint tariff
shall be specified therein and each of
the parties thereto other than the one
filing the same shall file with the com
mission such evidence of concurrence
therein or acceptance thereof as may
be required or approved by the com
mission and where such evidence of
concurrence or acceptance Is filed It
shall not be necessary for the carriers
filing the same to also file copies of Uie
tariffs in which they are named as par
ties
Every common carrier subject to
this act shall also file with said com
mission copies of all contracts agree
ments or arrangements with other
common carriers in relation to any
traffic affected by the provisions of
tills act to which It may be a party
The commission may determine and
prescribe the form in which the sched
ules required by this section to be kept
open to public inspection shall be pre
pared and arranged and may change
the form from time to time as shall be
found expedient
Rebates Prohibited
No carrier shall unless otherwise
provided by this act engage or partic
ipate 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 are transported by said car
rier have been filed and published in
accordance with the provisions of this
section nor shall any carrier charge or
demand or collect or receive a greater
or less or different compensation for
such transportation of passengers or
property or for any service in connec
tion therewith between the points
named in such tariffs than the rates
fares and charges Avhich are specified
in the tariff filed and in effect at the
time nor shall any carrier refund or
remit in any manner or by any device
any portion of the rates fares and
charges so specified nor extend to any
shipper or person any privileges or fa
cilities in the transportation of passen
gers or property except such as are
specified in such tariffs
Right of Way For Troop Trains
That in time of war or threatened
tions to all persons paying the same war preference and precedence shall
spicuous places In every depot station
or office of such carrier where passen
gers or freight respectively are re
ceived for transportation in such form
that they shall be accessible to the pub
lic and conveniently inspected The
provisions of this section shall apply
to all traffic transportation and fa
cilities defined in section 1 of this act
Any common carrier subject to the
provisions of this act receiving freight
in the United States to be carried
through a foreign country to any place
In the United States shall also in like
maurer print and keep open to public
pet lion at every depot or office
whio such freight is received for ship
ment schedules showing the through
rates established and charged by such
common carrier to all points in the
United States beyond the foreign coun
trjr to which it accepts freight for ship
ment and any freight shipped from the
United States through a foreign coun
try into the United States the through
rate on which shall not have been made
public as required by this act shall
before It is admitted Into the United
States from said foreign country be
subject to customs duties as if said
freight were of foreign production
Thirty Days Notice of Changes
No change shall be made in the
rates fares and charges or joint rates
fares- and charges which have been
filed and published by any common
carrier in compliance with the require
ments of this section except after thir
ty days notice- to the commission and
to the public published as aforesaid
which shall plainly state the changes
proposed to be made In the schedule
then in force and the time when the
changed rates fares or charges jwill
upon the representation of the presi
dent of the United States of the need
therefor be given over all other traffic
to the transportation of troops and ma
terial of war and carriers shall adopt
every means within their control to
facilitate and expedite the military
traffic
That section 1 of the act entitled
An act to further regulate commerce
with foreign nations and among the
states approved Feb 19 1903 be
amended so as to read as follows
That anything done or omitted to be
done by a corporation common carrier
subject to the act to regulate commerce
and the acts amendatory thereof
which if done or omitted to be done
by any director or officer thereof or
any receiver trustee lessee agent or
person acting for or employed by such
corporation would constitute a misde
meanor under said acts or under this
act shall also be held to be a misde
meanor committed by such corporation
and upou conviction thereof it shall be
subject to like penalties as are pre
scribed in said acts or by this act with
reference to such persons except as
such penalties are herein changed
Penalties For Violation of Act
The willful failure upon the part
of any carrier subject to said acts
to file and publish the tariffs or rates
and charges as required by said acts
or strictly to observe such tariffs
until changed according to law shall
be a misdemeanor and upon cou
viclion thereof the corporation of
fending shall be subject to a fine of
not lese than 1000 nor more than
20000 for each offense and it
shall be unlawful for any person per
sons or corporation to offer grant
or give or to solicit accept or receive
anj rebate concession or discrimina
tion in respect to the transportation of
any property in interstate or foreign
commerce by any common carrier sub
ject to said act to regulate commerce
and the acts amendatory thereof
whereby any such property shall by
any device whatever be transported at
a less rate than that named in the tar
iffs published and filed by such carrier
as is required by said act to regulate
commerce and the acts amendatory
thereof or whereby any other advan
tage is given or discrimination is prac
ticed
Prison For Rebaters
Every person or corporation wheth
er carrier or shipper who shall know
ingly and willfully offer grant or give
or solicit accept or receive any such
rebates concession or discrimination
shall be deemed guilty of a misde
meanor and on conviction thereof shall
be punished by a fine of not less than
1000 nor more than 20000 Provided
that any person or any officer or di
rector of any corporation subject to the
provisions of this act or the act to
regulate commerce and the acts
amendatory thereof or any receiver
trustee lessee agent or person acting
for or employed by any such corpora
tion who shall be convicted as afore
said shall in addition to the fine herein
provided for be liable to imprisonment
in the penitentiary for a term of not
exceedingtwo years or both such fine
of the United States having jurisdiction
of crimes within the district In which
such violation was committed or
through which the transportation may
have been conducted and whenever
the offense is begun in one jurisdiction
and completed In another it may be
dealt with inquired of tried determin
ed and punished in either jurisdiction
In the same manner as If the offense
had been actually and wholly commit
ted therein
Liability of Agents
In construing and enforcing the pro
visions of this section the act omis
sion or failure of any officer agent or
other person acting for or employed by
any common carrier or shipper acting
within the scope of his employment
shall in every case be also deemed to
be the act omission or failure of such
carrier or shipper as well as that of
the person Whenever any carrier files
with the Interstate commerce commis
sion or publishes a particular rate un
der the provisions of the act to regulate
commerce or acts amendatory thereof
or participates in any rates so filed or
published that rate as against such
carrier its officers or agents in any
prosecution begun under this act shall
be conclusively deemed to lx the legal
rate and any departure from such rate
or any offer to depart therefrom shall
be deemed to be an offense under this
section of this act
Rebaters Forfeit Three Times the
Rebate
Any person corporation or com
pany who shall deliver property for in
terstate transportation to any common
carrier subject to the provisions of tins
act or for whom as consignor or con
signee any such carrier shall transport
property from one state territory or
district of the United States to any
other state territory or district of the
United States or foreign country who
shall knowingly and willfully by em
ployee agent officer or otherwise di
rectly or indirectly by or through any
means or device whatsoever receive or
accept from such common carrier nny
sum of money or any other valuable
consideration as a rebate or offset
against the regular charges for trans
portation of such property as fixed by
the schedules of rates provided for in
this act shall in addition to any pen
alty provided by this act forfeit to the
United States a sum of money three
times the amount of money so received
or accepted and three times the value
of any other consideration so received
or accepted to be ascertained by the
trial court and the attorney general of
the United States is authorized and di
rected Avhenever he has reasonable
grounds to believe that any such per
son corporation or company has know
ingly or willfully received or accepted
from any such common carrier any
sum of money or other valuable con
sideration as a rebate or offset as
aforesaid to institute in any court of
the United States of competent juris
diction a civil action to collect the said
sum or sums so forfeited as aforesaid
and in the trial of said action all such
rebates or other considerations so re
ceived or accepted for a period of six
years prior to the commencement of
the action may be included therein
and the amount recovered shall be
three times the total amount of money
or three times the total value of such
consideration so received or accepted
or both as the case may be Provided
that the foregoing penalties shall not
apply to rebates or considerations re
ceived prior to the passage and ap
proval of this act
Commission Must Report Investiga
tions
Sec 3 That section 14 of said act as
amended March 2 1SS9 be amended
so as to read as follows
Sec 14 That whenever an investi
gation shall be made by said commis
sion it shall be its duty to make a
report in writing in respect thereto
which shall state the conclusions of the
commission together with its decision
order or requirement in the premises
and in case damages are awarded such
report shall include the findings of fact
on which the award is made
All reports of Investigations made
by the commission shall be entered of
record and a copy thereof shall be fur
nished to the party who may have
complained and to any common car
rier that may have been complained of
The commission may provide for the
publication of its reports and decisions
in such form and manner as may be
best adapted for public information
and use and such authorized publica
tions shall bo competent evidence of
the reports and decisions of the com
mission therein co itained in all courts
of the United States and of the several
states without any further proof or
authentication thereof The commis
sion may also cause to be printed for
earl- distribution its annual reports
Commissions Power to Fix Rates
Sec 4 That section 15 of said act be
amended so as to read as follows
Sec 15 That the commission is au
thorized and empowered and it shall
be its duty whenever after full hear
ing upon a complaint made as provid
ed in section 13 of this act or upon
complaint of any common carrier it
shall be of the opinion that any of the
rates or charges whatsoever demand
ed charged or collected by any com
mon carrier or carriers subject to the
provisions of this act for the trans
portation of persons or property as de
fined in the first section of this act or
that any regulations or practices what
soever of such carrier or carriers af
fecting such rates are unjust or un
reasonable or unjustly discriminatory
or unduly preferential or prejudicial
or otherwise in violation of any of the
provisions 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 charg
ed andjyhat regulation or practice in
YOU WOULD DO WELL TO SEE
J M Rupp
FOR ALL KINDS OF Rrjn p
P O Box 131 McCoolt Nebraska
II P SUTTON
McCOOK
JEWELER
MUSICAL GOODS
NEBRASKA
DR A P WEJLLES
Physician
and Surgeon
OHIco Residence 124 Mniu Avenue Otllco and
Kosirieuco phoue 53 Calls nuswiireil night or
day
McCOOK NEBRASKA
Dr Herbert J Pratt
Rkoistekkd Gkauuatk
Dentist
Oflico over McConnells Drug Store
McCOOK NEB
Tuloplioni Ollico 1G0 rusiili uco 131
Former location Atlanta Georgia
McCook
J lt UnLL
AGENT FOR
THE CELEBRATED
Fairbury Hanchett
Windmill
This is a warranted and guaran
teed windmill nothing better in
the market Write or call on Mr
Rail hnfnr linvinir
W PHONE BLACK 307
avaFsBsasErsssavjsarssa BN
k
F D BURGESS
Finer and
Steam Fitter
- -- JXfc J
Iron Lead and Sewer Pipe Brass
Goods Pumps an Boiler Trimmings
Estimates Furnished Base
ment of tin Postoffice Building
McCOOK NEBRASKA
8s3SSvSN ErsEfSSJV HSSsBSSETsyS
Mike Walsh
DEAIER IN
POULTRY
and EGGS
Old Rubber Copper and Brass
Highest Market Price Paid in Cash
Mow location just across street in P Walsh
building
flcCook
Nebraska
60 YEARS
EXPERIENCE
Ijmijra
Trade Marks
Designs
Copyrights c
Anyone sending a sketch and description ma
quickly ascertain our opinion free whether an
Invention is probably patentable Communica
tions strictly confidential HANDBOOK on Patents
sent free Oldest asency forsecunnepatents
1atents taken through Ulunn Co receive
tpecial notice without charce la the
ciettiific Jfmertcan
A handsomely Illustrated weekly J ircest cir
culation of any scientific Journal Terms 13 a
year f our monthi L Soldbyall newsdealers
MUNN Co3SlBroad New York
Branch Office 625 F St Washington D C
-
c m MEWS
We handle only THE REST and
it is ALL SCREENED All or
ders big and little receive our
PROMPT ATTENTION
Everything in the Ruilding Ma
terial line and grades that will
please the most exacting
Mil
mi
LUlllBIjli u
TOTTTTTT1TTTTTJTTTTTTT
-
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is