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through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the
through rate on which shall not have been made public as required To pay duty on fail by this act, shall, before it is admitted into the United States from ure to post.
said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section
is hereby repealed. Notice of advances. "No advance shall be made in the rates, fares, and charges which
have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or
shall be plainly indicated upon the schedules in force at the time and Notice of reductions. kept open to public inspection. Reductions in such published rates,
fares, or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance
in rates must be given. Unlawful to deviate “And when any such common carrier shall have established and from schedules.
published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at
the time be in force. Copies to be filed
fled “Every common carrier subject to the provisions of this act shall with Commission.
file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions
of this act to which it may be a party. And in cases where passenJoint tariffs of rates. gers and freight pass over continuous lines or routes operated by
more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint
tariffs shall also, in like manner, be filed with said Commission. To be made publ Such joint rates, fares, and charges on such continuous lines so filed
as aforesaid shall be made public by such common carriers when directed by said Commission, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carrier to publish, and the places
in which they shall be published. Advances in joint "No advance shall be made in joint rates, fares, and charges,
shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made
in the schedule then in force, and the time when the increased rates, Reductions in joint fares, or charges will go into effect. No reduction shall be made in
joint rates, fares, and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public, such proposed advances, or such reductions, in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to
time the measure of publicity which common carriers 'shall give to advances or reductions in joint tariffs.
(“It shall be unlawful for any common carrier, party to any joint Deviations unlawful. tariff, to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon than is specified in the schedule filed with the Commission in force at the time.
“The Commission may determine and prescribe the form in Form of schedules. which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to timo as shall be found expedient.
“If any such common carrier shall neglect o: refuse to file or pub- Proceedings on faillish its schedules or tariffs of rates, fares, and charges as provided in schedulede etc. Pubasa this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of Writ of mandamus mandamus, to be issued by any circuit court of the United States in to
in to issue. the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and Failure to comply
punishable as conthe said Commissioners, as complainants, may also apply, in any such tempt. circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiv- Injunction to issue. ing or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act."
Sec. 2. That section ten of said act is hereby amended so as to read .Amendment to secas follows:
Vol. 24, p. 282. “SEC. 10. That any common carrier subject to the provisions of Penalty for violation. this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person, acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed five Fine.
Proviso. thousand dollars for each offense: Provided, That if the offense for Imprisonment for which any person shall be convicted as aforesaid shall be an unlaw- unlawful
unlawful discrimina ful discrimination in rates, fares, or charges, for the transportation of passengers or property, such person shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court.
Punishment for false “Any common carrier subject to the provisions of this act, or, billing, classification, weighing, etc. whenever such common carrier is a corporation, any officer or agent
thereof, or any person acting for or employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such of. fense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each
offense. Punishment to ship- “Any person and any officer or agent of any corporation or compers falsely billing,etc.
pany who shall deliver property for transportation to any common carrier, subject to the provisions of this act, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly and willfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject for each offense to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term
of not exceeding two years, or both, in the discretion of the court. Punishment to sb “If any such person, or any officer or agent of any such corporaper for inducing dís.
tion or company, shall, by payment of money or other thing of value, solicitation, or otherwise, induce any common carrier subject to the provisions of this act, or any of its officers or agente, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person, or such officer or agent of such corporation or company, shall be deemed guilty of a misdemeanor, and shall; upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting
therefrom.” Amendment to sec. SEC. 3. That section twelve of said act is hereby amended so as to Voj, 24, p. 383. read as follows: Scope of Commis- “SEC. 12. That the Commission hereby created shall have au
thority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and catry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, it shall be the duty of any district attorney
of the United States to whom the Commission may apply to insti- District attorneys to
institute necessary tute in the proper court and to prosecute, under the direction of proceedings. the Attorney-General of the United States, all necessary proceedings for the enforcement of the provisions of this act, and for the punishment of all violations thereof; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpæna, Power to send for
persons and papers. the attendance and testimony of witresses and the production of all books, papers, tariffs, contracts, agreefcents, and documents relating to any inatter under investigation, and in case of disobedience to a subpoena, the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. “And any of the circuit courts of the United States within the Circuit courts to is
sue subpoenas. jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.' The claim that any such testimony or evidence may Crimination of party tend to criminate the person giving such evidence shall not excuse
not to excuse. such witness from testifying ; but such evidence or testimony shall .. not be used against such person on the trial of any criminal proceeding.” SEC. 4. That section fourteen of said act is hereby amended so as,
Amendments to sec
tion 14. to read as follows:
Vol. 24, p. 384 “SEC. 14. That whenever an investigation shall be made by said investigations to be
mit ten ahhmah : Written reports of Commission, it shall be its duty to make a report in writing in re- made. spect thereto, which shall include the findings of fact upon which the conclusions of the Commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured ; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence aş to each and every fact found.
"All reports of investigations made by the Commission shall be Record. entered of record, and a copy thereof shall be furnished to the party Copy. who may have complained, and to any common carrier that may have been complained of. "The Commission may provide for the publication or its reports Publishing reports
and decisions. and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commis-, sion therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports."
SEC. 5. That section sixteen of said act is hereby amended so as to Amendments to secread as follows:
Vol. 24, p. 384. “SEC. 16. That whenever any common carrier, as defined in and sub- Proceedings in cir.
cuit courts for violaject to the provisions of this act, shall violate, or refuse or neglect to tions of this act or disobey or perform any lawful order or requirement of the Commission obeying order of Com
mission created by this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, it shall be lawful for the Commission or for any company or person interested in such order or requirement, to apply in a summary way, by petition, to the circuit court of the United States
sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said
court shall have power to hear and determine the matter, on such Court to hear on
short notice to the common carrier complained of as the court shall short notice.
deem reasonable ; and such notice may be served on such common carrier, his or its officers, agents, or servants in such manner as the court shall direct; and said court shall proceed to hear and deter
mine the matter speedily as a court of equity, and without the forPleadings. mal pleadings and proceedings applicable to ordinary suits in equity,
but in such manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and proseute in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form
a just judgment in the matter of such petition; and on such hearReport of Commis- ing the findings of fact in the report of said Commission shall sioa prima facie as to facts.
be prima facie evidence of the matters therein stated; and if it be made to appear to such court, on such hearing or on report of any such person or persons, that the lawful order or requirement of said
Commission drawn in question has been violated or disobeyed, it Court to issue in shall be lawful for such court to issue a writ of injunction or other junction, etc.
proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said Commission, and enjoining obedience
to the same; and in case of any disobedience of any such writ of in. Writ of attachment junction or other proper process, mandatory or otherwise, it shall be on disobeying process.
lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction, or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so
disobeying such writ of injunction or other proper process, mandatory Fine.
or otherwise, to pay such sum of money, not exceeding for each carrier or person in default the sum of five hundred dollars for every day, after a day to be named in the order, that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the Treasury; and payment
thereof may, without prejudice to any other mode of recovering the Enforcement.
same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. When the subject in dispute shall
be of the value of two thousand dollars or more, either party to such Appeals to Supreme proceeding before said court may appeal to the Supreme Court of the
United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or super ede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed
reasonable. Whenever any such petition shall be filed or presented District attorney to by the Commission it shall be the duty of the district attorney, prosecute,
under the direction of the Attorney-General of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts
of the United States. Proceedings in mat- “If the matters involved in any such order or requirement of said ters requiring jury trial.
Commission are founded upon à controversy requiring a trial by