Excerpt from Vital Points in Railway Rate Regulations: An Address Delivered by Samuel Spencer Before the Board of Trade of the City of Newark, October 11, 1905
Most of the delays which have been complained of antedated of course the passage of the Elkins Law in 1903.
One of the chief purposes of that law was to expedite hear ings and decisions in contested cases against the carriers, and this would be one of its greatest benefits if the swift procedure there provided should be utilized.
It provides, whenever the Commission shall be satisfied that the carriers have been guilty of illegal acts, whether in the form of rebates, or unjust discriminations, or the charging of unreasonable rates, the case may be carried forthwith to the Circuit Court, injunction obtained if necessary to protect com plainants, and the case advanced on the docket for early hearing in preference to all except criminal cases.
This process is as summary as court action can be made con sistent with due process of law. If the action relates to a rate which is adjudged to be unreasonable or nuj ust, the finding of the Circuit Court is sufficient to put the revised rate into effect, and it continues in effect pending any appeal to the Supreme Court.
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