JsB/ ^-1 ^ivii f* » ,003 The date shows when this volume was' t: All books not in use » for instruction or re- search are limited to four weeks to all borr .:^L.\1. "^ Periodicals of a gen- eral character should be returned as soon as _^^__^^^^_^ possible ; when needed beyond two weeks a fyxmW ■■ ^, Tmadr"'' '"""'^ All student borrow- ers are limited to two weeks, with renewal privileges, when the book is not needed by others. Books not needed during recess periods I A \ -lis i QU should be returned to jS„.\ (..Q..s?.J.. J.. the library, orarrange- ^-^— ^-~^ tnents made for their return during borrow- er's absence, if wanted. Books needed by more than one person belong on the reserve list. ""'r-3 TRUST LAWS. ACT TO REGULATE COMMERCE (AS AMENDED) ACTS SUPPLEMENTARY THERETO. 1887-1903. Cornell University Library HD2778 .A2 1903 Trust laws. Act to regulate commerce (as 3 1924 030 066 645 COMPILED BY i °'i" _ JOEL GRAYSON, Special Clerk, Document Room, House of Eepeesentatives. WASHINGTON: GOVERNMENT FEINTING OFFICE. ] 903. I Cornell University f Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030066645 TRUST LAWS. ACT TO REGULATE COMMERCE (AS AMENDED) ACTS SUPPLEMENTARY THERETO. 1887-1903. COMPILED BY JOEL GRAYSON, Special Cleric, Document Room, House of Representatives. WASHINGTON: GOVERNMENT PRINTING OFPtOE. ] 903. ACT TO KEGTTLATE COMMEKCE AND AMENDING ACTS, SHOWING CITATIONS. 1887-1903. Public No. -11, approved February 4, 1887, and in effect April 5, 1887, 2d sess., 49th Cong. (U. S. Stat. L., vol. 24, p. 379; Supp. to Rev. Stat., vol. 1, p. 529). Public No. 237, approved and in effect August 7, 1888, 1st seas., 50th Cong. (U. S. Stat. L., vol. 25, p. 382; Supp. to Eev. Stat., vol. 1, p. 602). Public No. 125, approved and in effect March 2, 1889, 2d sess., 50th Cong. (U. 8. Stat. L., vol. 25, p. 855; Supp. to Rev. Stat, vol. 1, p. 684). Public No. 72, approved and in effect February 10, 1891, 2d sess., 51st Cong. (U. .S. Stat. L., vol. 26, p. 743; Supp. to Rev. Stat., vol. 1, p. 891). Public No. 54, approved and in effect February 11, 1893, 2d seas., 52d Cong. (U. S. Stat. L., vol. 27, p. 443; Supp. to Rev. Stat, vol. 2, p. 80). Public No. 38, approved and in effect February 8, 1895, 3d sess., 53d Cong. (U. S. Stat L., vol. 28, p. 643; Supp. to Rev. Stat., vol. 2, p. 369). Public No. 82, approved February 11, 1903, 2d sess., 57th Cong. (U. S. Stat L., vol. 32, p. — *). (Suits in equity.) Public No. 103, approved and in effect February 19, 1903, 2d sess., 57th Cong. (U. S. Stat. L., vol. 32, p. — *). (Elkins-Mann act) SAFETY-APPLIANCE ACT AS AMENDED. Public No. 113, approved and in effect March 2, 1893, 2d sess., 52d Cong. (U. S. Stat. L., vol. 27, p. 531; Supp. to Rev. Stat, vol. 2, p. 102). As amended by Public No. 70, approved April 1, 1896, 1st sess., 54th Cong. (U. S. Stat. L., vol. 29, p. 85; Supp. to Rev. Stat, vol. 2, p. 455). Public No. 171, approved March 3, 1901, 2d sess., 56th Cong. (U. S. Stat. L., vol. 31, p. 1446; Supp. to Rev. Stat, vol. 2, p. 1810). Public No. 133, approved March 2, 1903, 2d sess., 57th Cong. (U. S. Stat. L,, vol. 32, p.-*). TKUST ACTS, 1890-1903. Public No. 190, approved July 2, 1890, 1st sess., 51st Cong. (U. S. Stat. L., vol. 26, p. 209; Supp. to Rev. Stat, vol. 1, p. 762). (Sherman antitrust act) Public No. 227, became a law August 27, 1894, 2d sess., 53d Cong. (U. S. Stat L., vol. 28, p. 570; Supp. to Rev. Stat, vol. 2, pp. 333-334). (Antitrust amendments to Wilson tariff act. ) Public No. 11, approved July 24, 1897, 1st sess., 55th Cong. (U. S. Stat L,, vol. 30, p. 213; Supp. to Rev. Stat, vol. 2, p. 714). (Antitrust amendments to Dingley tariff act.) Public No. 82, approved February 11, 1903, 2d sess., 57th Cong. (U. S. Stat L.,, vol. 32, p. — *). (Suits in equity.) Public No. 87, approved February 14, 1903, 2d sess., 57th Cong. (U. S. Stat L., vol. 32, p. — *). Extract from Department of Commerce act. Pubhc No. 115, approved February 25, 1903, 2d sess., 57th Cong. (IT. S. Stat. L., vol. 32, p. — *). Extract from legislative, executive, and judicial act. Appropria- tion to enforce the Sherman antitrust act. Public No. 156, approved March 3, 1903, 2d sesa., 57th Cong. (U. S. Stat. L., vol.32, P- — *) ■ Extract from general deficiency act. Authority for appointment of assist- ants to the Attorney-General. *NoTE. — 32d Statute not yet in print. 2 THE ACT TO REGULATE COMMERCE. He it enacted hy tlie Senate and Iloune of Representatives of the United States of America in Congress assembled. That the provisions of this act shall apply to anj^ common carrier or carriers engaged in the transportation of pas- sengers or property wholly by railroad, or partl}^ by lail- road 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 Terri- tory of the United States, or the District of Columbia, to any other State or Territory of the United States or the District of Columbia, or from anj' place in the United States to ah 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 transpor- tation in like manner of property shipped from an^- place jj,^^™gj'jj^^j'j,jj in the United States to a foreign country and carried from ™^^'^'" '° ^^^ such place to a port of transshipment, or shipped from a foreign countr}' to any place in the United States and car- ried 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 ^^p-^f* to^tran°- one State, and not shipped to or from a foreign country ^vltMn onrs^teS from or to any State or Territory as aforesaid. The term " railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by anj^ corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term " transporta-,.^Jj^*^5?,'<'™| tion" shall include all instrumentalities of shipment or !|5™°^P°'''^*i°'^" carriage. All charges made for any service rendered or to be ren- dered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be 3 4 TRUST LAWS. Charges must reasonable and just; and every unjust and unreasonable and just °°°' charge for such service is prohibited and declared to be unlawful. Sec. 2. That if any common carrier subject to the pro- visions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it Unjust dis-chai-g-es, demands, collects, or receives from any other crimination de- o ' ' ' t i i fined and forbid- person or pcrsons f or doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. Sec. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, Undue or un- or any particular description of traffic, in any respect reasonable prei- -> r ^ jr ^ j ■ j r CTence or advan- whatsoever, or to subjcct any particular person, company, firm, corporation, or localitj'^, or any particular descrip- tion of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all infereh"n|e ^°oi reasonable, proper, and equal facilities for the interchange trafiiu. of traffic between their respective lines, and for the receiv- ing, forwarding, and delivering of passengers and prop- erty to and from their several lines and those connecting be''t'we'e'^'"con° therewith, and shall not discriminate in their rates and bfddSf""'''^'"'"*^^^^^^^ between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Sec. 4. That it shall be unlawful for any common car- rier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the haX^^siom'' transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed TRUST LAWS. 5 aa authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided^ however, That upon application to the Commission appointed under the, commission , , , ^^ has authority to provisions of this act, such common carrier may, in special relieve carriers ^ ... , from tne opera- cases, after investigation b}' the Commission, be author- tj"" of this sec- ized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. Sec. 5. That it shall be unlawful for any common carrier tr^ghti'and m- subject to the provisions of this act to enter into any con- Sgs'*forbida1m?^ tract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such rail- I'oads, or any portion thereof; and in any case of an agree- ment for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense. Sec. 6. {As amended M.arch 2, 1889.) That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any .such common carrier has estab- lished, and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad be- tween which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed ^n^^™^f^f^^^J_ large type, and copies for the use of the public shall be^^es^of ra^tes^ posted in two public and conspicuous places, in every pba's^f^.^inciud^ depot, station, or office of such carrier where passengers J|ft'J^ag"°jf^',^^fe; or freight, respectively, are received for transportation, in *^„7jy^e?^£|^^[f^! such form that they shall be accessible to the public and 'fixations. can be conveniently inspected. . 1 ... ,1 • • i! iU- i. Printing and Any common carrier subject to the provisions or tnis act posting of sched- receiving freight in the United States to be carried through "reTght "^"cMried a foreign country to any place in the United States shall country. also in like manner print and keep open to public inspec- tion, at every depot or office where such freight is received 6 TBUST LAWS. for shipment, schedules showing the through rates estab- lished and charged by such common carrier to all points in the United States beyond the foreign country to which Freight sub- it accepts freight for shipment; and any freight shipped dutiesta''cS^£ f rom the United States through a foreign country into thXgh^rates.'''' 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 for- eign 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. Ten days' pub- ]^q advance shall be made in the rates, fares, and charges lie notice ol ad- -'■ " . , , , , i. i i ji -j u vances^in^ rates ^hich 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 Three days' and kept Open to public inspection. Keductions in such Feductfon fi published rates, fares, or charges shall only be made after givln.""'' "^ three days' previous public notice, to be given in the same manner that notice of an advance \n rates must be given. Published rates And whcn any such common carrier shall have estab- not to be devi- ,,,.,,. , o i i ated from. Rshed and pubhshed its rates, fares, and charges in com- pliance 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 of sched- Every common carrier subiect to the provisions of this Ul6S of rfl.t69 fares, and charj act shall file with the Commission hereinafter provided for ges must be filed ,ti » o 11 1.1 with commis- 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 Copies of con- said Commission of all changes made in the same. Every ments, 'and ar- such common Carrier shall also file with said Commission rangementsmust • j. 1, . . . . -ii be filed withcopics 01 all Contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by Joint tariffs the provisions of this act to which it may be a party. And mustbefiledwith . ^ i,.-ii . Commission. in cascs Where passengers and freight pass over continuous liaes or routes operated by more than one common carrier. TRUST LAWS. 7 and the several common carriers operating such lines or routes establish joint tai-iffs 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. 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 mav, in the judgment of the Commission, be deemed power of com- , . , 1 1 . ^ rt • • 1 1. » . • mission to pre- practicable; and said Commission shall from time to time scribe publicity. 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 carriers to publish, and the places in which they shall be published. No advance shall be made in joint rates, fares, and^j^^'^'Jo'^gy^j^j^; charges, shown upon joint tariffs, except after ten days' f ""^ °^ advance notice to the Commission, which shall plainly state the^^/'^*'' """^ joint rates, res, ' charges. 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. No reduction shall be made in joint rates, fares, and charges, except after three days' notice, no^ufe^^to'^ com- to be given to the Commission as is above provided in the JJo?'! n°'/o'i n't case of an advance of joint rates. The Commission may ^^i'arges"^'*' ''"'* make public such proposed advances, or such reductions, in mSton^o^mak^e such manner as may, in its judgment, be deemed prac-^^™^^®^^ "^jf^" ticable, 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 Joint rates, fares and, any joint tariff, to charge, demand, collect, or receive from charges' must ■' ■' ' ^ ' ' , ' ^. . not be deviated any person or persons a greater or less compensation tor from. the transportation of persons or property, or for any serv- ices 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 iorm. ^^y^^vllctibl in which the schedules required by this section to be kept f"™^ °/ ^J^^J^- open to public inspection shall be prepared and arranged, ^^ar|gg' '^"'^ and may change the form from time to time as shall be found expedient. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other 8 TRUST LAWS. Penalties for penalties herein prescribed, be subject to a writ of man- neglectorrefusal ^ . t -, . ., i. j! j.i TT -j- J to file or publish damus, to be issued by any cii'cuit court or tJie Unitea charges. ' States in the judicial district wherein the principal office of said cooimon carrier is situated, or wherein such offense may be committed, and if such common carrier be a for- eign corporation in the judicial circuit wherein such com- mon 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 the said Com- missioners, as complainants, may also apply, in anj'- such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving 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 com- mon carrier shall have complied with the aforesaid pro- visions of this section of this act. Sec. 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any com- bination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or in- terruption made by such common carrier shall prevent the carriage of freights from being and being treated as one con- car°r'iag"e"°of tinuous Carriage from the place of shipment to the place of pTl^ceoi 8h?"- destination, unless such break, stoppage, or interruption raent to place of j * j ji *j.i _e -, destination. was made m good laith tor some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the pro^'isions of this act. Sec. 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such common car- TRUST LAWS. 9 rier shall be liable to the person oi* persons iniured thereby Liabuujr of commoii GflrrriGrs for the full amount of damages sustained in consequence of for damages. any such violation of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. Sec. 9. That any person or persons claiming to be dam- aged by any common carrier subject to the provisions of this act may either make (complaint to the Commission as hereinafter provided for, or may bring suit in his or their ing^ to"be''dam- own behalf for the recovery of the damages for which such XethSTo com- common carrier may be liable under the provisions of thisPjI'^^^^j^^o™^ act, in any district or circuit court of the United States of ^'^fjf^^^l^^'Jg^ competent jurisdiction; but such person or persons shall '"'"'^*- not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recover}- of damages the court before which the same shall be pending may compel ae^Sdan't^m a°' any director, officer, receiver, trustee, or agent of the cor- J'e^sHf'5'P'*"'"^ *° poration or company defendant in such suit to attend, appear, and testify in such case, and may compel the pro- duction of the books and papers of such corporation or company party to any such suit; the claim that any such testimonj'' or evidence may tend to criminate the person giving such evidence shall not 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. 10. (As amended March 2. 1899.) That any com- Penalties for ^ . p , . 1 violatioDs of act mon carrier subject to the provisions of this act, or when- by carriers, or ^ ^ . -, . when the carrier ever such common carrier is a corporation, any diroctori? a corpora- ^ 1 tion, Its officers, or officer thereof, or any receiver, trustee, lessee, agent, agents, or em- ' -' ' ' . ploy^s; Fine and or person, acting for or employed by such corporation, imprisonment. who, alone or with any other corporation, company, per- son, 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 10 TEUST LAWS. of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdic- tion of which such offense was committed, be subject to a fine of not to exceed five thousand dollars for each offense: Provided^ That if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimi- nation 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 impris- onment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. faSebiiiinfr et*c" ^^^ common Carrier subject to the provisions of this offlcerforae-entsr ^*^^' *^^'' whenever such common carrier is a corporation, onment'^ impris- g^jjy 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 know- ingly and willfully assist, or shall willinglj^ suffer or per- mit, 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 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. lai^l wiiinl, etc.! ^^1 person and any officer or agent of any corporation o th e^'^peLonsI or Company who shall deliver property for transpoi'tation rament'^ ™''"*" 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 will- fully, 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 prop- erty 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 j urisdiction within the district in which such offense was committed, be subject for each offense to TEUST LAWS. 11 a fine of not exceeding five thousand dollars or imprison- ment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court. If any such person, or any officer or agent of any suchj,j|™?J^'^^g(j*^'; corporation or company, shall, by payment of money or ^igcriminatfun" other thing of value, sohcitation, or otherwise, induce any J'^^^y- ^™^ ^"^ «=> ' ' 7 J imprisonment. common carrier subject to the provisions of this act, or any ^vi/ii"oarrfe^'for of its officers or agents, to discriminate unjustly in his, its, "Jamagea. 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 com- pany 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 dis- cretion of the court, for each offense; and such person, cor- poration, 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 discrimi- nated against in any court of the United States of com- petent jurisdiction for all damages caused by or resulting therefrom. Sec. 11. That a Commission is hereby created and estab- c Jmme1:ce com^ lished to be known as the Inter-State Commerce Commis- ^^XTd"*"'"' sion, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioners first ap- pointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from the first day of January, anno Domini eighteen hundred and eighty-seven, the term of each to be designated by the j^?f[™«gO' C"'"- President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Com- missioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the Commissioners shall be appointed from the same political party. No person in the emploj^ of or holding any offi'cial relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the 12 TRUST LAWS. duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission. du^ty of"oi^is^ ' ' Sec. 12. {As amended March ^, 1889, and February 10, into toin"e'S''o1-^'^^^-) '^^^*' *^® Commission hereby created shall have iteSfTnfomediS authority to inquire into the management of the business regard thereto. Qf j^u 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 Commission re- i-jofht to obtain from such common carriers full and com- quired to exe- ® , ^ . . cute and enforce pletc information necessary to enable the Commission to provisions of this ^ •^ ,..,,.-,. act. perform the duties and carry 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 trict'7tto?ney'*to '^^ty of any district attorney of the United States to whom di?lcti^n of°A^ ^^^ Commission may apply to institute in the proper court torney-Generai. g^jjj ^q prosecute Under the direction of the Attorney- General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the Costs and ex- punishment of all violations thereof, and the costs and ex- penses of prose- 1^ ' om ofap ro^rii^ penses of such prosecution shall be paid out of the appro- ''pJiwer'S^com- P''^^*^°" ^^^' ^^^ expenscs of the courts of the United "lifeattondance®^^*^''^' ^^^ ^^^ ^^^ purposcs of this act the Commission w"itn*es'se's"and shall have powcr to require, by subpcEna, the attendance production of and testimony of witnesses and the production of all books, documentary •' J- ' evidence papers, tariffs, contracts, agreements, and documents re- lating to any matter under investigation. ma°hivoke'aid " Such attendance of witnesses, and the production of "ef 'wUne^sses' to ^'^'^^ documentary evidence, may be required from any attend and tes- place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Com- mission, may invoke the aid of any court of the United States in requiring the attendance and testimony of wit- nesses and the production of books, papers, and docu- ments under the provisions of this section, obedient to'^o'^: "^n^ any of the circuit courts of the United States derof the court, -^^ithin the 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 TEUST LAWS. 13 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 pun- • ished by such court as a contempt thereof. The claim ciaim that tes- that any such testimony or evidence may tend to crimi- aence^vm tend , , 1 . . 1 • 1 in, 1 to criminate will nate the person giving such evidence shall not excuse such not excuse wit- witness from testifying; but such evidence or testimony °'^^''' shall not be used against such person on the trial of any criminal proceeding. "The testimony of any witness may be taken, at the Testimony ^ . , ' may be taken by instance of a party m any proceeding or investigation deposition. depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be may m^ct te°t?- taken by deposition in any proceeding or investigation ^™Jp°gjy*^^*^" pending before it, at any stage of such proceeding or inves- tigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in notice ^^^Ss^t'' be writing by the party or his attorney proposing to take such si^™- deposition to the opposite party or his attornej^ of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depoStS^TVay depose, and to produce documentary evidence, in the same thesaS^manner manner as witnesses may be compelled to appear and testify ||a|'''°''® ^p®"' and produce documentary evidence before the Commission as hereinbefore provided. "Every person deposing as herein provided shall be cau- ^^^f^^{ll^^^; tioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testi- mony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. "If a witness whose testimony may be desired to t)e.^when^witaes^ taken by deposition be in a foreign country, the deposi- country. tion may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stip- 14 TRUST LAWS. m?st''bl"fli "I ul^^ion in writing to be filed with the Commission. All ^Sion^^ °°°'" depositions must be promptly filed with the Commission." Fees o£ wit- Witnesses whose depositions are taken pursuant to this nesses and mag- . *■ i i • j.1, iatratea. act, and the magistrate or other officer taking trie same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. coTmfision" ^^^- ^^- "^^^^ ^'^J person, firm, corporation, or associa- whom ''made^*^^'^' ^^ ^^J mercantile, agricultural, or manufacturing HowservedupongQgjg^y^ qp j^jjy body poUtic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commission. If such common car- Reparation by rier, within the time specified, shall make reparation for inyestigatiou. the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the par- ticular violation of law thus complained of. If such car- rier shall not satisfy the complaint within the time speci- fied, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Investigations Commission to investigate the matters complained of in of complaints by ° .inn the Commission, such manner and by such means as it shall deem proper. wSd'by stat'e Said Commission shall in like manner investigate any SSons. '^°™" complaint forwarded by the railroad commissioner or rail- road commission of any State or Territory, at the request of in"^ uwe?b" the ^^°^ Commissioner or commission, and maj^ institute any SXSiotion"^"'^'^^'^^ '^^ ^^^ °^^ motion in the same manner and to the same effect as though complaint had been made. ne*^?rnot bTdi* ^o Complaint shall at any time be dismissed because of rectiydamaged. ^^le absence of direct damage to the complainant. ^commUsion Sec 14. {As amended March 2, 1889.) That whenever gortofinvestiga-an investigation shall be made by said Commission, it shall be -its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the con- clusions of the Commission are based, together with its rec- Eeparation. ommendation as to what reparation, if any, should be made by the common carrier to anj"- party or parties who Findings of may be found to have been injured: and such findino-s so Commission j i n i J ' "u^iugo ou prima facie eyi- made shall thereafter, in all judicial proceedings, be proceedings. deemed prima facie evidence as to each and every fact found. XKUST LAWS. 15 All reports of investigations made by the Commission ^^epf^^^f^jjig shall be entered of record, and a copy thereof shall be fur- Xecora'^"*"'"^ nished to the pai'ty who may have complained, and to any service oi , 1.1, 1-jj: copies on parties. common carrier that may have been complained of. The Commission may provide for the publication of its ^^f^^^ "■^^_ reports and decisions in such form and manner as may be tilfif ^to'^^e'com- best adapted for public information and use, and such au- patent evidence. thorized publications shall be competent evidence of the reports and decisions of the Commission therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The Publication ^~, .. . -T .jir. iTi_' ^'^d distribution Commission may also cause to be printed tor earlv distri- of annual reports - , . . , , . ■■ of Commission. bution its annual reports. Sec. 15. That if in any case in which an investigation shall be made by said Commission it shall be made to ap- pear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anj'thing has been done or omitted to be done in violation of the pro- visions of this act, or of any law cognizable by said Com- mission, by any common carrier, or that any injury or damage has been sustained by the party or parties com- plaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such Notice to com- . , ■ p ii • ■ J? J i ^°^ carrier to Violation, or to make reparation for the miury so tound to cease from vioia- 1.1. 1 1 j_ • i. T, ^io^ o^ ^ct. have been done, or both, withm a reasonable time, to be specified by the Commission ; and if, within the time speci- fied, it shall be made to appear to the Commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the Com- ,,£g'"P„\ie\" to mission, or to the satisfaction of the party complaining, a oe^^^^e |;t>m ™ia- statement to that effect shall be entered of record by the oration. Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such par- ticular violation of law. Sec. 16. (As amsnded March %, 1889.) That whenever ^Peuuo^n^ to any common carrier, as defined in and subject to the pro- cour^ts^^in^cases visions of this act, shall violate, or refuse or neglect to to. order of com- obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a con- troversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United 16 TRUST LAWS. States, it shall be lawful for the Commission or for any company or person interested in such order or require- ment, to apply in a summary way, by petition, to the cir- cuit 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 dis- obedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may Power o i be; and the said court shall have power to hear and deter- United States ' , i , . j • j_ xi courts to bear mine the matter, on such short notice to the common car- casesofdisobedi-rier complained of as the court shall 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 determine the matter speedily as a court of equity, and without the formal pleadings and proceedings appli- cable 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 prosecute in such mode and by such persons as it may appoint, all such in- quiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and fa^t'oj'the^com-Oii ^ucli hearing the findings of fact in the report of said JfriSaVc'if evi? Commission shall be prima facie evidence of the matters dence. 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 shall be. lawful for such court to issue juS'cdo'n or°other a Writ of injunction or other proper process, man- carriere in^cases datory or Otherwise, to restrain such common carrier of disobedience, f^.^^^ further continuing such violation or disobedience of such order or requirement of said Commission, and enjoin- ing obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be 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 com- mon carrier, and if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, les.see, trustee, receiver, or other person fail- ing to obey such writ of injunction, or other proper proc- ess, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common car- TRUST LAWS. 17 rier or other person so disobe3'ing such writ of iniunction funishmenttor ,1 ■■ J ^^ ^" refusal to obey 01 otner proper process, mandatory or otherwise, to oav 'V"*^ °' '"J'^"'=- 1 J. i. -I. " "^ "on or other sucn sum or money, not exceedmg for each carrier or per- p™per process; son in default the sum of five hundred dollars for every day, after a day to bo 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 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 proceeding before said court may appeal to the Supreme Court of the United States, under the same regu- Appeals to su- lations now provided by law in respect of security for such {fnued states. °' appeal; but such appeal shall not operate to stay or super- sede the order of the court or the execution of any writ Appeals shall or process thereon; and such court may, in every such^o'y "p^^™^'® *° matter, order the payment of such costs and counsel f ees J^'^^'^^^^™^'^ ^^ as shall be deemed reasonable. Whenever any such peti- costsand couu- tion shall be filed or presented by the Commission it shall '^' '^®'- be the duty of the district attorney, under the direction of attorneys to pros- the Attorney-General of the United States, to prosecute ecut.e^u°d«^di- the same; and the costs and expenses of such prosecution "'g'^^™!™^^- ^^ shall be paid out of the appropriation for the expenses of ^uHrastobep°afd the courts of the United States. Sins' fTcXte If the matters involved in any such order or require- ment of said Commission are founded upon a controversy requiring a trial by j ury , as provided by the seventh amend- ment to the Constitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Com- mission as provided in the fifteenth section of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to » , T-r -i J oj. i -j-j.- United States petition to the circuit court of the United btates sitting as courts in cases ^ ,..,...,. I • 1 ii . ol disobedience a court of law in the ludicial district in which the carrier when trial by . . . -, ^ • 1 • 1 J.U • 1 jury is necessary. complained of has its principal oflBce, or in which the viola- tion or disobedience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time 24879—03 2 18 TRUST LAWS. and place for the trial of said cause, which shall not be less than twenty nor more than fort}- days from the time said order is made, and it shall be the dut}^ of the marshal of the district in which said proceeding is pending to forth- with serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. Findinga ojAt the trial the findings of fact of said Commission as set SMon*sha?i° be forth in its report shall be prima facie evidence of the deiSe. '"'^'^ *^^'' matters therein stated, and if either party shall demand a jury or shall omit to waive a jury the court shall, by its order, direct the marshal forthwith to summon a jury to Trial by joiy. t^T t^^® causc; but if all the parties shall waive u jury in writing then the court shall trj' the issues in said cause Trial by court. ^11^ render its judgment thereon. If the subject in dis- pute shall be of the value of two thousand dollars or more Appeals to either party may appeal to the Supreme Court of the oj United States. United States under the same regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twentj^ daj's from the day of the rendition of the judgment of said circuit court. If the j udgment of the circuit court shall be in favor of the party complaining he or they shall be entitled to recover Counsel or a reasonable counsel or attorney's fee, to be fixed bv the attorney's fees. ^ j ? j court, which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be alwaj-s in session. Sec. 17. {As umeiided March 2, 1889.) That the Com- mission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and mSra '''c™m'S- *" '^^' ^"'^■'^ °^ justice. A majority of the Commission pr°o°edure™ °' shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the appl^r"' bXrl United States. Any party may appear before said Com- in%erT™or'by mission and be heard, in person or hj attorney. Every attorney. ypte and ofiicial act of the Commission shall be entered of record, and its proceedings shall be public upon the TRUST LAWS. 19 request of either party interested. Said Commission shall have an official seal, which shall be judicially noticed, official seal. Either of the members of the Commission may administer oaths and affirmations and sign subptenas. Sec. is. {As amended.) That each Commissioner shall Kaiariesofcom- , missioners. receive an annual salary of seven thousand live hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall appointed'~'la7 appoint a secretary, who shall receive an annual salary of '">■ three thousand live hundred dollars, payable in like man- ner. The Commission shall have authority to employ and Employees. fix the compensation of such other emploj^ees as it may find necessary to the proper performance of its duties. Until otherwise provided h\ law, the Commission may ,o™'='^^'^°'^*^"p- hire suitable oflices for its use, and shall have authority to procure all necessary office supplies. Witnesses sum- witnesses' fees. moned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. All of the expenses of the Commission, including all the^c^ommfsston necessary expenses for transportation incurred by the "''"^^ '"'"^' Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission. Sec. 19. That the principal office of the Commission principal offite shall be in the city of Washington, where its general ses-sion. sions shall be held; but whenever the convenience of the sessions of the public or the parties may be promoted or delay or expense prevented thereby, the Commission may hold special ses- sions in any part of the United States. It maj^, by one commission or more of the Commissioners, prosecute any inquiry Squiries™by"nl necessary to its duties, in any part of the United States, members in any into any matter or question of fact pertaining to the busi- st"te°.' ®"'"*®'^ ness of any common carrier subject to the provisions of this act. Sec. 20. That the Commission is hereby authorized to .^carners^sujo- require annual reports from all common carriers subject ™;stj|i'_,ider^M^ to the provisions of this act, to fix the time and prescribe commission. the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such ^ whj-^\^^^^^p°rt« annual reports shall show in detail the amount of capital contain. stock issued, the amounts paid therefor, and the manner 20 TRUST LAWS. of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equip- ments; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such information in relation to rates or regulations con- cerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commisson m*a°y"pr«icribe ™'J'.V require; and the said Commission may, within its Sg account '^^' ., j r, n fuse to receive poration enp-ap'ed in interstate commerce by railroad shall carp from con- I & & p • j necting lines or jj^ve eouinrjed a sufficient number of its cars so as to com- shippers. ' '^f _ n ,i • j_ -j. ply with the proyisions of section one or this act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this act. GrabironBand Qec. 4. That froiu and after the first day of July, eight- handholds. - _ j i i een hundred and ninet^'-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for an}^ railroad company to use anjr car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater securit}^ to men in coupling and uncoupling cars. standard Sec. 5. That witMu ninety days from the passage of this bars for freight act the American Railway Association is authorized hereby to designate to the Interstate Commerce Commission the standard height of drawbars for freight cars, measured per- pendicular from the level of the tops of the rails to the centers of the drawbars, for each of the several gauges of railroads in use in the United States, and shall fix a max- imum variation from such standard height to be allowed between the drawbars of empty and loaded cars. Upon their determination being certified to the Interstate Com- merce Commission, said Commission shall at once give notice of the standard fixed upon to all common carriers, owners, or lessees engaged in interstate commerce in the United States by such means as the Commission may deem proper. But should said association fail to determine a standard as above provided, it shall be the duty of the Interstate Commerce Commission to do so, before July first, eighteen hundred and ninety-four, and immediately to give notice thereof as aforesaid. And after July first, eighteen hundred and ninety-five, no cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the standard above provided for. ia?iro?;i";ro: Sec. 6. (.4.S cmimded April i, 1896.) That any such vteions ot this common carrier using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its TRUST LAWS. 25 line any car in violation of any of the provisions of this act shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdic- tion in the locality where such violation shall have been committed; and it shall be the duty of such district attor- Dutvofumted ney to bring such suits upon duly verified information «'"""* "'" being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Duty of mter- Commission to lodge with the proper district attorneys commSiS"""'" information of any such violations as may come to its knowledge: Provided, That nothing in this act contained Exceptions to shall apply to trains composed of four-wheel cars or to "'' '"'^' trains composed of eight-wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty -five inches, or to loco- motives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs. Sec. 7. That the Interstate Commerce Commission may Power of inter- fromtime to time upon full hearing and for good cause comnSrion'S extend the period within which any common carrier shall ear'?/^rs tifcom- comply with the provisions of this act. ^'*' ^""'^'hisaet. Sec. 8. That any employee of an}' such common carrier Employees not who maj' be injured by &n\ locomotive, car, or train in sumrrisk of em- use contrary to the provision of this act shall not )jgP'°y'°™'- deemed thereby to have assumed the risk thereby occa- sioned, although continuing in the emplojanent of such carrier after the unlawful use of such locomotive, car, or train had been brought to his knowledge. Public, No. 113, approved, March 2, 1893, amended April 1, 1896. Note. — Prescribed standard height of drawbars: Standard-gauge roads, 34J inches; narrow-gauge roads, 26 inches; maximum variation between loaded and empty cars, 3 inches. An act to amend an act entitled "An act to promote the safety of em- ployees and travelers upon railroads by compelling common car- . riers engaged in interstate commerce to equip their cars with auto- matic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes," approved March second, eighteen hundred and ninety -three, and amended April first, eighteen hundred and ninety-six. JBe it enacted hy the Senate and House of Representatives of the United States of America in Cmiqre&s assembled. 26 TKUST LAWS. anceictof Ma^r!2; ^hat the provisions and requirements of the Act entitled by^iw oripr^'i'^ "-^n ^ct to promote the safetj'' of employees and travelers in''Te'l:rUo?Fes^P°'^ railroads by compelling common carriers engaged in cofunSJfa"*^' °* interstate commerce to equip their cars with automatic safrty'^ippSln °e couplers and continuous brakes, and their locomotives with feS shau appfj- j the acts incorporating them, or by any act^jf^'^'^/i'^gy^^JJ^ amendatory or supplementary thereto, are required to con- j4'J^|g'°™^'X?n struct, maintain, or operate telegraph lines, and all com- '^"'^ °p'^™*®- panics engaged in operating said railroad or telegraph lines shall forthwith and henceforward, by and through their own respective corporate officers and employees, maintain, and operate, for railroad. Governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon thcni and obligations assumed by them under the acts making the grants as aforesaid. Sec. 2. That whenever any telegraph company which shall have accepted the provisions of title sixty-five of the Revised Statutes shall extend its line to any station or office of a telegraph line belonging to any one of said railroad or telegraph companies referred to in the first .,, 1 ij;™ Connectingtel- section of this act, said telegraph company so extending egraph lines. its lines shall have the right and said railroad or telegraph company shall allow the line of said telegraph company so extending its line to connect with the telegraph line 28 TRUST LAWS. of said railroad or telegraph company to which it is ex- tended at the place where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies referred to in the first section of this act shall so operate their respective telegraph lines as to afford Equaifaciiities equal facilities to all, without discrimination in favor of required. ^ • i. j. or against any person, company, or corporation whatever, and shall receive, deliver, and exchange business with connecting telegraph lines on equal terms, and affording equal facilities, and without discrimination for or against any one of such connecting lines; and such exchange of business shall be on terms just and equitable. Sec. 3. That if any such railroad or telegraph company referred to in the first section of this act, or company operating such railroad or telegraph line, shall refuse or fail, in whole or in part, to maintain, and operate a tele- graph line as provided in this act and acts to which this is Complaints to supplementarv, for the use of the Government or the pub- Interslate Com- ^ ^ ^ " . . . merce Commis- 1[q^ for commercial and other purposes, without discrimi- nation, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Interstate Commerce Commission, whose Duties of the duty it shall thereupon be, under such rules and resfula- Commissiou' A ^ *^ where complaint tions as Said Commission mav pi'escribe, to ascertain the IS made. • ^ ' facts, and determine and order what arrangement is proper to be made in the i^articular case, and the railroad or tele- graph compan}' concerned shall abide bj^ and perform such order; and it shall be the duty of the Interstate Com- merce Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the mayiSsTituti^rT-^"^^'''*^"" "^ either of said Interstate Commerce Commis- !SJt?on°°"^°"'°®^°'^°^''^' Provided, That the said Commissioners may in- stitute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made. toS!?y-Generai ^EC. 1. That in Order to secure and preserve to the United States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to said luilroad and telegraph com- panies referred to in the first section of this act, and to under this act. TRUST LAWS. 29 have the same possessed, used, and operated in conformity with the provisions of this act and of the several acts to which this act is supplementary, it is hereby made the duty of the Attorney-General of the United States, by proper proceedings, to prevent any unlawful interfer- ence with the rights and equities of the United States under this act, and under the acts hereinbefore mentioned, and under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any con- trol or interest of any kind in any telegraph linos or property, or exclusive rights of way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfull3' and beyond their powers entered into hj said railroad or telegraph com- panies, or any of them, with anj^ other person, company, or corporation. Sec. 5. That any oiHcer or agent of said railroad or tele- , Penalties tor . , , failure to comply graph companies, or ot any company operating the railroads with the provi- and telegraph lines of said companies, who shall refuse or of t^e orders of rt»i 11 II" nn T tnc i n 1 6 r s t8i t G fail to operate the telegraph lines of said railroad or tele- commerce com- 1 ■ T 1 • I'll- mission. graph companies under his control, or which he is engaged in operating, in the manner directed in this act and by the acts to which it is supplementary, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein pro- vided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said con- necting companies, or shall refuse to abide by or perform or carry out within a reasonable time the order or orders of the Interstate Commerce Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum not exceeding one thousand dollars, and may be impris- oned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action aamag°e°^may for the damages sustained thereby against the company '"'° *""'™"^''*- whose officer or agent may be guilty thereof, in the circuit or district court of the United States in any State or Terri- 30 TEUST LAWS. torv in which anj^ portion of the road or telegraph line of said company ma}^ be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient. roaa'^ai°d tele- '^^'^- ^- "^^^^ it shall be the duty of each and every one %''to thifacTto o^ t^® aforesaid railroad and telegraph companies, within fractrnnT a*^""- sixty days f roni and after the passage of this act, to tile c°mmissi'on "^^ '^ith the Interstate Commerce Commission copies of all contracts and agreements of every description existing between it and e^'cry other person or corporation whatso- ever in reference to the ownership, possession, maintenance, control, use, or operation of an}^ telegraph lines, or prop- erty over or upon its rights of way, and also a report describing with sufficient certainty the telegraph lines and property belonging to it, and the manner in which the same are being then used and operated by it, and the telegraph lines and property upon its right of way in which any other person or corporation claims to have a title or interest, and setting forth the grounds of such to'*'the"''commis^ I'laim, and the manner in which the same are being then ■'^'™- used and operated; and it shall be the duty of each and every one of said railroad and telegraph companies annu- ally hereafter to report to the Interstate Commerce Com- mission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and reFu™'i"to''ma*keits relation and business with all connecting telegraph mrf^ton.'" *^°™" companies during the preceding year, at such time and in such manner as may be required hj a system of reports which said Commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said Commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a for- iiey^Geneiat" to ^®^*^^®' *" ^^^^'^ ^^^^ °^ ^^^^ neglcct or refusal, of a sum prosecute. not less than one thousand dollars nor more than five thousand dollars, to be recovered by the Attorney-General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Interstate Commerce Commission to inform the Attor- ney-General of all such cases of neglect or refusal whose duty it shall be to proceed at once to judicially enforce the forfeitures hereinbefore provided. TRUST LAWS. 31 Seo. 7. That nothing in this act shall be construed to ,^ll\„°^ ^^^; affect or impair the right of Congress, at any time here- ^^-^^ ""epeai'. after, to alter, amend, or repeal the said acts hereinbefore mentioned; and this act shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, jus- tice or the public welfare maj^ require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now existing in the United States, or any authority that the Postmaster-General now has under title sixty-five of the Revised Statutes to fix Equity rights A. fl J.1 /-^ of tne Govern- rates, or, or tne Government, to purchase lines as pro- m™t preserved. vided under said title, or to have its messages given precedence in transmission. Public, No. 237, approved, August 7, 1888, first session Fiftieth Congress. An act requiring common carriers engaged in interstate commerce to make full reports of all accidents to the Interstate Commerce Commission. £e it enacted by the Senate and Souse of Mepresentatives of the United States of America in Congress assembled. It shall be the duty of the general manager, superintendent, or other proper otiicer of every common carrier engaged in interstate commerce by railroad to make to the Inter- state Commerce Commission, at its ofiice in Washington, District of Columbia, a monthly report, under oath, of all ^^j^^l^^g^^^" collisions of trains or where any train or part of a train accidents. accidentally leaves the track, and of all accidents which may occur to its passengers or employees while in the service of such common carrier and actualty on dutj^, which report shall state the nature and causes thereof, and the circumstances connected therewith. Sec. 2. That any common carrier failing to make suchj^^^^iij^^'^e^t" report within thirty days after the end of any month shall 3a'y,''ijter''end be deemed guilty of a misdemeanor and, upon conviction ^^il'^^em^aTor'^ " thereof by a court of competent jurisdiction, shall be pun- pg^aity. ished by a fine of not more than one hundred dollars for each and every offense and for every day during which it shall fail to make such report after the tmie herein speci- fied for making the same. Sec. 3. That neither said report nor any part theref ^, R^^po^t^i^"* ^ shall be admitted as evidence or used for any purpose denoeagainstthe against such railroad so making such report in any suit or action for damages growing out of any matter mentioned in said report. 32 TRUST LAWS. Form of report. Sec. 4. That the Interstate Commerce Commission is authorized to prescribe for such common carriers a method and form for making the reports in the foregoing section provided. Public, No. 171, approved, March 3, 1901, second session Fifty-sixth Congress. An act to protect trade and commerce against unlawful restraints and monopolies. Be it enacted hy the Senate and House of Representatmes of the United States of Ame7'ica in Congress assemUed, contracts.com- SECTION 1. Evcrv contract, combination in the form of binationsinform , ^ ,. j_*i.i!i.i of trust or other- trust or otherwise, or conspiracy, in restraint oi trade or corn- wise, or conspir- in -ii i! ■ acies, In re merce among the several btates, ov with foreign nations, or commerce is hereby declared to be illegal. Every person who shall among the States . i_ i^ • or with foreign make any such contract or engage in any such combina- Penaity. ' tion or conspiracy, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprison- ment not exceeding one year, or by both said punishments, in the discretion of the court. ing'^ta'^moSo^f- ^^*^' -^- Evcry person who shall monopolize, or attempt misdemelnor °* *° monopolize, or combine or conspire with any other per- son or persons, to monopolize any part of the trade or commerce among the several States, or with foreign na- tions, shall be deemed guilty of a misdemeanor, and, on Penalty. convictiou thcrcof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. Contracts.com- Sec. 3. Every contract, combination in form of trustor binationsinform , . of trustor other- otherwise, or conspiracy, in restraint of trade or commerce wise, or conspir- ' l ^ ■> acies, in re- in any Territory of the United States or of the District of straint of trade ^ . or commerce in Columbia, or in restraint of trade or commerce between or between Ter- . ritories or be- any such Territory and another, or between anv such Ter- tween District ot *' _, . . ■ „ .J Columbia andritorv or Territories and any State or States or the Dis- Territones or be- .^ i • • i tweenTerritoriestrict of Columbia, or With foreign nations, or between the or District of . • /-~. i i . n % Columbia and District of Columbia and any State or States or foreign states or foreign • i i i i i nations illegal, nations, IS hereby declared illegal. Every person who shall make any such contract or engage in any such com- bination or conspiracy shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be punished by Penalty. gjjg ^q^ exceeding five thousand dollars, or by imprison- TKUST LAWS. 33 ment not exceeding one year, or by both said punishments, in the discretion of the court. Sec. 4. The several circuit courts of the United States courts may 1 1 . J. T • 1 . . 1 . prevent and re- are nere by invested with jurisdiction to prevent and restrain strain violations. violations of this act; and it shall be the duty of the sev- eral district attorneys of the United States, in their suits brought respective districts, under the direction of the Attorney- district attor- Geneial, to institute proceedings in equity to prevent andrection of Attor- restrain such violations. Such proceedings may be liy way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending- such petition and before final decree the court ma\' at any Temporary re- . . , \ . . . straining orders. time make such temporary restraining order or prohibition as shall be deemed just in the premises. Sec. 5. Whenever it shall appear to the court before Additional ^^ parties may be which any proceeding under section four of this act may summoned. be pending- that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to service o£ sub- that end may be served in any district by the marshal ^'*"^'*^' thereof. Sec. 6. Any property owned under any contract or by ^^se^^'e^jj a^"^y law. Public, No. 87, approved February l-i, 1903, second session Fifty-seventh Congress. An act to further regulate couimerce with foreign nations and among the States. Jie it enacted l>y the Senate and ILnifieof Rejjresentati'oes - of the United States af America in Congress asseniNed, Carrier corpo- That anvthiup- douc or omitted to be done by a corpora- ration as weii as J & ^ .' sr oiiifrr ,,!■ agent tion commou carrier, subiect to the Act to regulate com- liable to convic- ' •' ^ tii.n for misde- jugpee and the Acts amendatory thereof which, if done or meanor. -^ ^ omitted to be done 1 )y an^' director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a mis- demeanor under said Acts or under this Act shall also be Penalty. held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by this Act with reference to such persons except as such penalties are Failure of car- herein changed. The willful failure upon the part of anv ricr to publisli ■*■ j. i7 rates or observe cai-ricr subiect to said Acts to file and publish the tariffs tariffs a misde- ^ , ■ i i_ • i * meanor. or rates and charges as I'equirea bj^ said Acts or strictly to ol)serve such tail lis until changed according to law, TRUST LAWS. 39 shall be a misdemeanor, and upon conviction thereof the corporation oiJending shall be subject to a fine of not less Penalty. than one thousand dollars nor more than twenty thousand dollars for each offense; and it shall be unlawful for any person, persons, or corporation to offer, g-rant. or ffive or Misdemeanor ,.. "■, 5&'ta to offer, grant, to solicit, accept, or receive any rebate, concession, or dis-^ive, solicit, ac- . . ' ' " cept, or receive crimination in respect of the transportation of anv prop- »">; jebate from . . *■ ^ J 1- r published rates erty in interstate or foreig-n commerce bv anv common »? other conces- " -' -> sion or discrimi- carrier subject to said Act to regulate commerce and the°a'io»- Acts amendatory thereto whereby an}' such property shall bjr anj' device whatever be transported at a less rate than that named in the tariff's published and tiled by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereto, or whereby any other advantage is given or discrimination is practiced. Every Penalty. person or corporation who shall offer, grant, or gi^'e or solicit, accept or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. In all con^•ictions occurring after the imprisonment => penalty a b o 1 - passage of this Act for offenses under said Acts to regu-i*ed. late commerce, whether committed before or after the passage of this Act, or for offenses under this section, no penalty shall be imposed on the convicted party other than the fine prescribed by law, imprisonment wherever now prescribed as part of the penalty being hereby abolished. Every violation of this section shall be prosecuted in any ^^J.'J'iiJj^ai^^'i^i^s^ court of the United States having jurisdiction of crimes ^^^||^^™^y be within the district in which such violation was committed or through which the transportation may have been con- ducted; and whenever the offense is begun in one juris- diction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. In construing and enforcing the provisions of this sec- or'^agent to ''be tion the act, omission, or failure of any officer, agent, or o/?arr1™'' other person acting for or employed by any common car- rier acting within the scope of his employment shall in every case be also deemed to be the act, omission, or fail- ure of such carrier as well as that of the person. When- ever any carrier files with the Interstate Commerce Com- jlclpated i°n mission or publishes a particular rate under the provisions J ^l^^'g'j l^^h of the Act to regulate commerce or Acts amendatory ^^'f^l^/^r^ate,'"^" 40 TRUST LAWS. thereto, 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 be 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. ested'iS'matte'r Sec. 3. That in any proceeding for the enforcement of i'lfOTrinteSI the provisions of the statutes relating to interstate com- miSSn'^or^dJ^mercc, whether such proceedings be instituted before the be^madnartfes Interstate Commerce Commission or be begun originally ^°c't to'^ordlrf or i" »".'*' circuit court of the United States, it shall be lawful decrees, ^o include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or prac- tice under consideration, and inquiries, investigations, orders, and decrees maj^ be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be au.thorized by law with respect to carriers. Proceedings to gjjQ^ 3_ That whenever the Interstate Commerce Com- enjom orrestrain departures from niission shall havc reasonable ground for belief that any published rates ^ *= ^ •-' or any discrimi- common carrier is engaged in the carriage of passengers nation prolilb- o o o jr & ited by law or freight traffic between given points at less than the against carriers " . . and partiesinter- published rates On file, Or is committing any discrimina- ested m traffic, i^ ' ^ ^ b j tions forbidden by law, a petition may be presented allepf- ing such facts to the circuit court of the United States sitting in equit}^ having jurisdiction; and when the act complained of is alleged to have been committed or as being committed in part in more than one judicial district or State, it ma}' he dealt with, inquired of, tried, and deter- mined in either such judicial district or State, whereupon it shall be the dut}' of the court summarily to inquire into the circumstances, upon such notice and in such manner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other j^ersons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the ti'uth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States, whenever the Attorne3'-General shall direct, either TRUST LAWS. 41 of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such such proceed- proceedings, and the proceedings provided f or by this Act prfyen^acttons shall not preclude the bringing of suit for the recovery damagesOToaer of damages hy any party injured, or any other action L^edTyacUoreg- provided by said Act approved February fourth, eighteen M^'anSSente hundred and eighty-seven, entitled An Act to regulate com- *'^^'^"'°'- merce and the Acts amendatory thereof. And in proceed- ings under this Act and the Acts to regulate commerce the compulsory said courts shall have the power to compel the attenclance testimony of wit of witnesses, both upon the part of the carrier and the ship- ductson'of'^bo'oks per, who shall be required to answer on all subjects relat- ""^"^ ^''^^^' ing directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the carrier and the shipper, which relate directly or indi- rectly to such transaction; the claim that such testimonj^ or evidence may tend to criminate the person giving such immunity to evidence shall not excuse such person from testif3'ing ornesser"^ such corporation producing its books and papers, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he maj' testify or produce evidence documentary or otherwise in such proceeding: Provided, That the provisions of an Act entitled "An Act to expedite ^f^JP^'^ii^f^a' the hearing: and determination of suits in equity pending or to apply in' eases » . , presented under hereafter brought under the Act of July second, eighteen direction of At- o ./ 7 » torney-General hundred and ninety, entitled 'An Act to protect trade i^nanie^ofinter^ and commerce against unlawful restraints and monopolies,' commission. 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or any other Acts hav- ing a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three," shall apply to any case prosecuted under the direction of the Attorney-General in the name of the Interstate Commerce Commission. Sec. 4. That all Acts and parts of Acts in conflict with]^c°?gfl|^«t^"g the provisions of this Act are here1)y repealed, but such repeal shall not affect causes now pending nor rights which have already accrued, but such causes shall be pros- ecuted to a conclusion and such rights enforced in a man- ner heretofore provided by law and as modified by the provisions of this Act. Sec. 5. That this Act shall take effect from its passage. Public, No. 103, approved, February 19, 1903, second session Fifty-seventh Congress. 42 TRUST LAWS. [Extract from legislative, executive, and judicial appropriation act, second session rifty-seventli Congress.] Appropriation That foi' the enforcement of the provisions of the Act ot Attorney- ^ it-» General to en- entitled "An Aot to regulate commerce," approved Feb- force interstate ° i commerce a n d j-yarv f ourth , eighteen hundred and eig-hty-seven, and all antitrust acts. •' i & o ^ i Acts amendatory thereof or supplemental thereto, and of the Act entitled ''An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, and all Acts amendatory thereof or supplemental thereto, and sections seventy-three, seventy-four, scA^enty-five, and seventy-six of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved August twenty-se\'enth, eighteen hundred and ninety-four, the sum of live hundred thousand dollars, to be immediately available, is hereby appropriated, out of any money in the Treasur3' not heretofore appropriated, to be expended under the direction of the Attorney-General in the employment of special counsel and agents of the Department of Justice to conduct proceedings, suits, and prosecutions under .said Acts in the courts of the United Immunity togtatcs: Provided, That no person shall be pro.secuted or testifying wit- , ^ ^ ^ uesses. be Subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or othei"- wise, in any proceeding, suit, or prosecution under said ceptld^'^"' *'^" Acts: Fnii'UJed further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying. Public, No. 115, approved, February 2.5, 190.3, second session Fifty-seventh Congress. [Extract from general deficiency act, second ses.sion Fifty-seventh Congress.) That under, and to be paid from, the appropriation of five hundred thousand dollars for the enforcement of the provisions of the Act entitled "An Act to regulate com- merce," approved February fourth, eighteen hundred and eighty-se\'en, and all Acts amendatory thereof or supple- mental thereto, and other Acts mentioned in said appro- priation, made in the legislative, executive, and judicial appropriation Act for the fiscal year nineteen hundred and four, the President is authorized to appoint, by and with As-sistanttoAt-the advicc and consent of the Senate, an assistant to the tomey-General. . ' liu u^ h±id Attorney-General with compensation at the rate of seven TRUST LAWS. '13 thousand dollars per annum and an Assistant Attorney- ^„^jf|jf*^^*g„^^'- General at a compensation at the rate of five thousand dol- lars per annum; and the Attornej^-General is authorized to appoint and employ, without reference to the rules and regulations of the civil service, two confidential clerks ateiS-ks,^'^'^"'"*' a compensation at the rate of one thousand six hundred dollars eacli per annum, to be paid from said appropria- tion. Said assistant to the Attorney-General and Assist- ant Attorney-General shall perform such duties as maj^ be required of them by the Attornej^-General. Public, No. 156, approved, March 3, 1903, second session Fifty-seventh Congress. INDEX. . Act to regulate commerce, Public No. 41, approved February 4, 1887, second session, Forty-ninth Congress 3-22 Section 6 (as amended March 2, 1889), printing and posting of schedules of rates, fares, and charges 5-8 Section 10 (as amended March 2, 1889), penalties for violation of act by car- riers or when the carrier is a corporation 9-11 Section 12 (as amended March 2, 1889, and February 10, 1891), power and duty of Commission to inquire into business of carriers 12-14 Section 14 (as amended March 2, 1889), Commission must make report of investigations 1 4-15 Section 16 (as amended March 2, 1889) , petition to United States courts in cases of disobedience to order of Commission 15-18 Section 17 (as amended March 2, 1889), Interstate Commerce Commission form of procedure 1 8-19 Section 18 (as amended), salaries of Commissioners; secretary, how appointed; salary of employees; office and supplies 19 Section 21 (as amended March 2, 1889), annual reports of the Commission to be transmitted to Congress on or before December 1 in each year 20 Section 22 (as amended March 2, 1889, and February 8, 1893), persons and property that may be carried free or at reduced rates 20-22 New section (added jNIarch 2, 1889), jurisdiction of United States courts to issue writs of peremptory mandamus commanding the movement of inter- state traffic or the furnishing of cars or other transportation facilities 22 An act in relation to testimony and attendance of witnesses and production of documentary evidence before the Commission and in any case criminal or otherwise in the courts. Public No. 54, approved February 11, 1893, second session, Fifty-second Congress 22-23 An act to promote the safety of employees and travelers upon railroads by com- pelling common carriers engaged in interstate commerce to equip their cars with automatic brakes and couplers and their locomotives with driving- wheel brakes, and for other purposes. Public No. 113, approved March 3, 1893; amended April 1, 1896 2,3-25 Section 6 (as amended April 1, 1896), penalty for violation of the provisions of this act. Public No. 70, approved April 1, 1896, first session. Fifty-fourth ''4-25 Congress An act to amend an act entitled "An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged m mter- state commerce to equip their cars with automatic couplers and contmuous brakes and their locomotives with driving-wheel brakes, and for other pur- poses " This act as amended shall apply to all equipment of any railroad engaged in interstate commerce in Territories and District of Columbia. Pub- lic No. 133, approved March 2, 1903, second session, Fifty-seventh Congress. . 25-27 45 46 INDEX. Page. An act to aid in the construction o£ a railroad and telegraph line from the Missouri River to the Pacific Ocean. Government aidcil railroad and tele- graph lines must themselves maintain and operate said lines. Public No. 2.S7, approved August 7, 1888, first session, Fiftieth Congress 137-31 An act requiring common carriers to make monthly reports of railway acci- dents. Public No. 171, approved March 3, 1901, second session; Fifty-sixth Congress 31-32 An act to further regulate commerce with foreign nations and among the States (Elkins-Mann Act). Public No. 103, approved February 19, 1903, second session Fifty-seventh Congress 38-41 An act to protect trade and commerce against unlawful restraints and monop- olies (Sherman antitrust act) . Public No. 190, approved July 2, 1890, first session Fifty-first Congress 32-34 Extract from the Wilson tariff act. Public No. 227, became a law August 27, 1894, second session. Fifty-third Congress, withcmt the President's signature (antitrust amendment) 34-35 Extract from the Dingley tariff act. Public No. 11, approved July 24, 1897, first session Fifty-fifth Congress (antitrust amendment) 35-37 An act to expedite the hearing and determination of suits in equity pending or hereafter brought under the act of July 2, 1890, entitled "An act to pro- tect trade and commerce against unlawful restraints and monopolies, ' ' ' 'An act to regulate commerce," approved February 4, 1887, or any other act having a like purpose that may be hereafter enacted. Public No. 82, approved February 11, 1903, second session Fifty-seventh Congress 36-37 Extract from the Department of Commerce and Labor act, Public No. 87, approved February 14, 1903, second session Fifty-seventh Congress 37-38 Bureau of Corporations 37 Extract from legislative, executive, and judicial appropriation act. Public No. 115, approved February 25, 1903, second session Fifty-seventh Congress, appropriation to Attorney-General to enforce interstate-commerce and anti- trust acts 42 Extract from the general deficiency appropriation act. Public No. 156, approved March 3, 1903, second session Fifty-seventh Congress, assistants to Attorney-General 42-43 o