CORNELr. UNIVERSITY . LIBRARY ftiWy of fhe UnM Sim Governmem. DEPARTMENT OF COMMERCE AND LABOR HS- BUREAU OF CORPORATIONS Cornell University Library HE2710 .A21 1906 + Interstate commerce law as changed by th olin 3 1924 030 124 394 Overs INTERSTATE COMMERCE LAW AS CHANGED BY THE ACT OF JUNE 29, 1906 WASHINGTON GOVERNMENT PRINTING OFFICE 1906 T A, ^, .\i V v^ XT I O '^3 Vc '7 . 1 \\ ■ ' A. ^v\^'^(* CONTENTS, Sec. 9. Sec. 10. Sec. 11 Sec. 12, Sec. 13.— I Page. Sec. 1. — Application of act defined 1 "Railroad" and "transportation" de- fined 2 Reasonable charges prescribed 3 Free transportation of passengers prohib- ited 3 Carrier not to transport commodity of its own production 5 Switch connections to be furni.-jhed 5 Cars to be furnished 6 Commission may order switch connec- tions 6 Sec. 2. — Unjust discrimination unlawful 6 Sec. 3. — Undue preference unlawful 7 Carriers to interchange traffic 7 Sec 4. — Long and short haul regulated 7 Sec. 5. — Pooling prohibited 8 Sec. 6. — Tariff, including joint tariff, to be filed and kept open 8 Several tariffs applying in lieu of joint tariff to be filed and kept open 8 Tariff to show details of charges 9 Tariff to be printed and posted 9 Tariff on transportation through United States, foreign country and into United States, to be printed and posted 9 ^ Sec. 14. Thirty days' notice before change of pub- lished tariff 10 Commission may waive notice 10 Joint tariff to show names of participants. . 11 Joint tariffs, concurrence therein to be filed - 11 Copies of carriers' contracts and arrange- ments to be filed 11 Commission to prescribe form of schedule . 12 Transportation prohibited until rates pub- lished 13 Deviation from published rate unlawful- . 13 Refunding portion of rate or extending facilities unlawful 14 ' ' Carrier ' ' means ' ' common carrier " 14 Preference to United States in time of war 14 Sec 7.— Continuous form of shipment preserved. . 14 Sec 8. — Violation of act makes carrier liable to ■ shipper for damages and counsel fee . . . 1.5 Sec 9.— Election of either complaint to Commis- sion or suit for damages 15 i Sec. 15. Sec 16.— I Fage. — Compulsory process in suit 15 — Misdemeanor to violate terms of act 16 Misdemeanor false billing, etc., by car- rier or shipper 16 Misdemeanor, solicting rebates by ship- per 17 Carrier and shipper liable to party dis- criminated against 18 — Commission, appointed, qualifications, terms 18 — Commission to investigate 19 Commission to enforce act 19 Commission to he assisted by Attorney- General 19 Costs paid out of court appropriations ... 19 Compulsory process 19 Court to aid in process 20 Immunity to witness 20 Depositions, procedure 20 Complaints by individual, society, etc 21 Procedure of investigation 21 Commission may investigate on its own motion 22 Complaint not defective for lack of direct damage 22 -Commission to report conclusions, order, and findings of fact 22 Report recorded and furnished parties 23 Reports published, competent evidence. . 23 Annual reports of Commission published. 23 ■Commission to prescribe maximum rate and reasonable practice 24 Order to cease and desist from rate or practice 24 Time and period of taking effect 24 Commission may proportion joint rate 24 Commission may establish through routes and joint rates 25 Shipper rendering service paid only rea- sonable compensation 25 Enumeration of powers not exclusive 25 Commission may award damages 25 (.'omplainant may collect damages by civil suit 26 Findings and order of Commission prima facie evidence 27 Costs and attorney's fee allowed peti- tioner 27, 28 III rv CONTENTS. Fage. Sec. 16. — Damage complaints to Commission within two years 28 Petition to court for enforcement of dam- age order within one j'ear - . 28 Claims accrued prior to act within one year 28 Joinder of all interested parties 28 Service in district of operating office 28 Eecovery against and in favor of proper parties 28 Order of Commission served by mail 29 Order of Commission suspended or modi- fied -. 29 Order of Commission to be observed by carrier 29 $5,000 forfeit for violation of order under section 15 29 Eecovery of forfeiture by United States, costs 29 Special counsel employed by Commis- sion 29 Order, other than for payment of money, enforced by court, procedure 30 Appeal, venue, expedition, and priority of suit 33,34 Injunction only on hearing, with five days' notice to Commission 34 Appeal from interlocutory decree within thirty days to Supreme Court 84 Prima facie evidence 35 Seo. 16a. — Rehearing by Commission on applica- tion 35 Sec. 17. — Procedure to conduce to justice 36 Majority to constitute quorum 36 Commissioner not to participate when pecuniarily interested 36 Proceedings public on request of either party 36 Official seal of Commission 36 Commissioner may administer oath or sign subpcjena 36 Sec. 18. — Salary of Commissioners, secretary, and other employees 36 Offices and supplies of Commission 37 Fees and mileage of witnesses 37 Vouchers approved by chairman 37 Sec. 19. — Principal office and general sessions in Washington, special sessions may be held elsewhere in United States 37 One or more Commissioners may investi- gate anywhere in United States 37 Sec. 20. — Annual reports from carriers prescribed by Commission to contain information as to — Organization, securities, finances, property, etc 37 Salaries and employees ^_ 38 Accidents 38 Improvements 38 Balance sheet, etc 38 Regulations on rates and fares; 38 Page. Sec. 20. — Time and system of accounts to be uni- form 38 Reports to be annual, unless extended by Commission and under oath 38, 39 Forfeiture for failure to report 39 Monthly reports may be required 39 Forfeitures recovered as are others under act ■ 39 Oath to report administered by 39 Forms of accounts prescribed 39 Access to carriers' accounts 39 Unlawful to keep other than prescribed accounts 39 Agents and examiners who have au- thority to inspect records 39 Receivers and trustees of carriers subject to regulation of accounts 39 Forfeiture for failure to keep and exhibit accounts 40 Misdemeanor to make false entry, muti- late, failure to make entries 40 Examiner divulging information pun- ished 40 Mandamus to compel obedience to acts , 40 Special agents and examiners to administer oaths 41 Receiving carrier liable for damage to shipment 41 Existing remedies remain to holder of bill of lading 41 Receiving carrier has recourse upon car- rier responsible for loss 41 Sec. 21. — Annual report and recommendations to Congress by Commission 41 Sec. 22. — Transportation of property and persons free or at reduced rates in certain cases 42 Common law or statutory remedies not abridged by act 42 Interchangeable mileage tickets may be issued 42 Sec. 23. — Mandamus compelling movement of freight and furnishing of facilities 43 Sec. 24 (added June 29, 1906).— Commission en- larged, compensation, qualifications, appointment, terms 44 Sec. 9 (new). — Compulsory process acts made ap- plicable 44 Sec. 10 (new). — Conflicting acts repealed, saving clause 44 Sec. 11 (new).— Act in force from passage 45 J. Res. — Suspended for sixty days 45 ELKINS ACT. Sec. 1. — Corporation liable 45 Failure to publish and observe rates a misdemeanor 45 Soliciting or accepting rebates a misde- meanor 4g Fine or imprisonment or both 4g OOini'EH'TS. Sec. 1. — Jurisdiction of crimes Act of agent deemed act of carrier Rates filed or participated in deemed legal rate Forfeiture of three times illegal considera- tion for six years back, Attorney-Gen- eral to collect Sec. 2. — Parties joined and subject to orders or de- crees Page. 47 47 47 48 48 Sec. 3. — Commission or Attorney-General may seek to enjoin discriminations and departures from rates 49 Such action not to interfere with suit for damages 50 Compulsory process to enforce act — immu- nity 50 Suits expedited 50 Conflicting laws repealed 50 Immunity Law op Febhuary 11, 1893 Law Defining Immunity, June 30, 1906 Law Expediting Suits, Februaby 11, 1903 Law Requiring Reports op Accidents, March 3, 1901 . 51 51 52 52 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030124394 INTERSTATE COMMERCE LAW AS CHANGED BY THE ACT OF JUNE 29, 1906. ProTislons set parallel contain exactly tlie same wording. ACT OF FEBRUARY 4, 1887. [24 STAT., 379.] [Given in full, as in force prior to June 29, 1906. Rearranged to correspond with order of new law.] Sec. 1. That the provisions of ^^Application of this Act shall apply to any common carrier or carriers en- gaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly b}' water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to anj'^ other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign coun- try, or from any place in the United States through a foreign country to any other place in the United States, and also to the transpoi-tation in like manner of property shipped from any place in the United States to a foreign ACT OF JUNE 29, 1906. [34 Stat., 584.] [Given in full and in regular order.] Sec. 1. That the provisions of this Act shall apply to any corporation or any person or per- ^'p® "°^''- sons engaged in the transportation of oil or other commodity, except water and except natural or artifi- cial gas, by means of pipe lines, or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and to any carrier or carriers en- in the transportation of common gaged passengers or property wholly by railroad "(or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment), from one State or Territory- of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from one place in a Territory intratemtonai. to another place in the same Ter- ritory, or from any place in the United States to an adjacent foreign coun- tr3^ or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign « Par^itheses in new law only. OLD LAW. NEW LAW. Sec. 1 country and carried from such place_ to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign coun- try: Provided, howewr. That the provisions of this act shall not apply to the transportation of pas- sengers or property, or to the re- ceiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territorj' as aforesaid. The term " railroad " as used in "Railroad' this Act shall include all bridges '"''°"'- and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term " transportation '\i„;T,'^S°!['^- shall include all instrumentalities of shipment or carriage. country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign coun try: Pivrided, howevei provisions of this Act shall not apply to the transportation of pas- sengers or property, or to the re- ceiving, delivering, storage, or handling of property wholly within one State and not shipped to or from a foreign country from or to any State or Territory as aforesaid. 'Pfinf fVic» Intrastate ex- inat me ^i^3g^ j^Q^ ^^.j^ „ o Express and sleeping-car The term " common carrier used in this Act shall include ex- companies, press companies and sleeping car companies. 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 I'oad in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facil- ities of every kind used or neces- sary in the transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or neces- sary in the transportation or de- livery of any of said property ; and the term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of^.^^y^^te <=ar any contract, express or implied, for the use thereof and all serv- ices in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall ^^"'^ '° '™"^" be the duty of every carrier sub- ject to the provisions of this Act to provide and furnish such transpor- tation upon reasonable request therefor, and to establish through ^^^^ rough routes and just and reasonable rates applicable thereto. OLD LAW. NEW LAW. Sec. 1 All charges made for any service reaMmlwe*" ^^ rendered or to be rendered in the transportation of passengers or property as aforesaid, or in con- nection therewith, or for the receiving, delivering, storage, or handling of such prop- erty, shall be reasonable and just and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. [Sec. 22, as amended March 2, 1889 {^5 Stat., 855), and February 8, 1895^ {28 Stat. , 6^3). That part of section dealing with free trans- portation of passengers transposed to this place from p. IflB. It is not specifioally amended by act of June '29, 1906, and is still in force, so far as it does not conflict vnth latter act.'] That nothing in this act shall prevent the * * * All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in con- nection therewith. shall be just" and reasonable; and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful. No common carrier subject to Antipass. the provisions of this Act, shall, after January first, nineteen hun- dred and seven, directly or indi- rectly, issue or give any interstate or the free carriage free ticket, free pass, or free trans- portation for passengers, [Part in brackets transposed from below. See p. J/.] [nothing in this act shall be con- strued to prevent railroads from giving free carriage to their own oflicers and employees,] except toits employees and their ^„^?f^^f°°^ ^ families, its oflicers, agents, sur-sion geons, physicians, and attorneys at law; provi- of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issu- ance of mileage, excursion, or commutation passenger tickets; a "Reasonable and just" reversed in new law. OLD LAW. NEW LAW. Sec. 1 nothing in this act shall be con- straed to prohibit any common carrier from giving reduced rates to ministers of religion, or to mu- nicipal governments for the trans- portation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Vol- unteer Soldiers and of Soldiers' and Sailors' Orphan Homes, in- cluding those about to enter and those returning home after dis- charge, under arrangements with the boards of managers of said homes; [Clause from, here trans- posed to p. 5.] to ministers of religion, traveling secretaries of rauroad Young Men's Christian Associations, in- mates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynarj' work; to indigent, destitute and home- less persons, and to such persons when transported by charitable societies or hospitals, and the nec- essary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Vol- unteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge and boards of managers of such Homes; to necessary care takers of live stock, poultry, and fruit; to em- ployees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to Rail- wa}^ Mail Service employees, post- office inspectors, customs inspect- ors and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending 2m.y legal investigation in which the common carrier is interested, per- sons injured in wrecks and physi- cians and nurses attending such persons: or prevent the principal officers of interchange of an}' railroad company or com- panies from exchanging passes or 8956—06- OLD LAW. tickets with other railroad com- panies for their oflScers and em- ployees ; [^Remainder of section on NEW LAW. Protudcd, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their fami- lies; Sec. 1 nor to prohibit any common car- rier from carrying passengers free with the object of providing relief in cases of general epidemic, pesti- lence, or other calamitous visita- tion. Any common carrier violat- Penalty for tree ing this provision shall be deemed guilty of a misdemeanor and for each offense, on conviction, shall pay to the United States a penalt}' of not less than one hundred dollars nor more than two thousand dol- lars, and any person, other than the persons excepted in this pro- vision, who uses any such inter- state free ticket, free pass, or free transportation, shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided for offenses in an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof. From and after May first, nine- carrier not to teen hundred and eight, it shall bemodityofits'own unlawful for any railroad company production. to transport from any State, Ter- ritory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products there- of, manufactured, mined, or pro- duced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect ex- cept such articles or commodities as maj' be necessarj' and intended for its use in the conduct of its business as a common carrier. Any common carrier subject to switch con- the provisions of this Act, upon application of any lateral, branch line of railroad, or of any shipper tendering interstate traffic for OLD LAW. NEW LAW. Sees. 1, 2 Sec. 2. That if any common car-, unJus.t ais- rier subject to the provisions of this act shall, directly or indirect- ly, 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 provi- sions of this act, than it charges, demands, collects, or receives from any other person or persons for 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. crimination Furnish cars. Commission transportation, shall construct, maintain, and operate upon reason- able terms a switch connection with any such lateral, branch line of rail- road, or private side track which may be constructed to connect with its railroad, where such connection is reasonably' practicable and can be put in with safety and will fur- nish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or against any such shipper. If any common carrier shall fail to install Srmectious!''*'''' and operate any such switch or con- nection as aforesaid, on application therefor in writing by any shipper, such shipper may make complaint to the Commission, as provided in section thirteen of this Act, and the Commission shall hear and inves- tigate the same and shall determine as to the safety and practicability thereof and justification and rea- sonable compensation therefor and the Commission may make an or- der, as provided in section fifteen of this Act, directing the common carrier to comply with the provi- sions of this section in accordance with such order, and such order shall be enforced as hereinafter provided for the enforcement of all other orders b}^ the Commission, other than orders for the payment of money. [Unchanged except as per note heloio.] [Only one shipment at less than jjnhJished rimeration powers shall not exclude any power ^^^iP°i^f ^ """ which the Commission would otherwise have in the making of an order under the provisions of this Act. Sec. 16. That if, after hearing Award of dam- on a complaint made as provided °^®'''' in section thirteen of this Act, the Commission shall determine that any part}' complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. OLD LAW. 26 NEW LAW. Sec. 16 _[Sec. 16, latter half of section given first, transposed from jp. 30.] If the matters involved in any Enforcement such order or requirement of said I'St of moSI];: Commission are founded upon a controversy requiring a trial by jury, as provided by the seventh amendment 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 commission as pro- vided 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 the circuit court of the United States sitting as a court of law in the judicial district in which the carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen. If a carrier does not comply with an order for the payment of money within the time limit in such order. the complainant, or any person for whose benefit such order was made, may file in the circuit court of the United States for the district in which he resides or in which is located the princi- pal operating ofiBce of the carrier, or through which the road of the carrier runs, a petition alleging such violation or disobe- dience as the case may be; setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. OLD LAW. 27 NEW LAW. Sec. 16 and said court shall by its order ^J'^^^'^"™ °* then fix a time and place for the trial of said cause, which shall not be less than twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith 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 afore- said. Such suit shall proceed in all re- spects like other civil suits for damages, At the trial [of] « the findings of fact p ^. l^^^ \^e. s of said Commission as set forth in evidence, its report shall be prima facie evi- dence of the matters therein stated, except that on the trial of such suit the findings and order of the Com- mission shall be prima facie evi- dence of the facts therein stated, and except that the petitioner shall ufbi™™ ost°°' not be liable for costs in the circuit court nor for costs at any subse- quent stage of the proceedings, unless they accrue upon his appeal. 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 try the cause; but if all the parties shall waive a jury in writing then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value of two thousand dollars or more either party may appeal to the Supreme Court of the United States under the same regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendition of' the judgment of said circuit court. [Proceedings lil'e other civil suits for damages. See just above. 1 a Evidently a misprint in the statute. OLD LAW. 28 If the judgment of the circuit ^jA'^°™«y'«*«« court shall be in favor of the party complaining he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the 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 always in session. NEW LAW. Sec. 16 If the petitioner shall finally pre- vail he shall be allowed a reason- able attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of toTiklicti^n''''' damages shall be filed with the Commission within two years from the time the cause of action ac- crues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court within one year from the date of the order, and not after: Fmvidtd, That Accrued claims. claims accrued prior to the pas- sage of this act may be presented within one j-ear. In such suits all parties in whose Joinder of favor the Commission may have"^""^^' made an award for damages by a single order may be joined as plaintifis, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintifis and against such joint defendants in any district where any one of such joint plaintifis could main- tain such suit against any one of such joint defendants; and service service of proc- of process against any one of such defendants as may not be found in the district where the suit is brought ma^' be made in anj' dis- trict where such defendant carrier has its principal operating oftice. In case of such joint suit the re- covery, if any, may be by judg- ment in favor of any one of such plaintifis, against the defendant found to be liable to such plaintiff. 8956—06 5 OLD LAW. 29 NEW LAW. SeC. 16 Every order of the Commission service by shall be lorthwith served by mail- ing to any one of the principal officers or agents of the carrier at his usual place of business a copy thereof; and the registry mail re- ceipt shall be prima facie evidence of the receipt of such order by the carrier in due course of mail. The Commission shall be author- „i'i"P^°"°° °' 1 1 1 • c • order. ized to suspend or modify its or- ders upon such notice and in such manner as it shall deem proper. It shall be the duty of every carrier to ob- . . '^ , < serve order. common carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect. Any carrier, any officer, repre- ss.ooo forfeit. sentative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who know- ingly fails or neglects to obey any order made under the provisions of section fifteen of this Act, shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct vio- lation shall be a separate offense, and in case of a continuing viola- - tion each day shall be deemed a separate offense. The forfeiture provided for in fofS™''" "' this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs. It shall be the duty of the va- rious district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the ex- penses of the courts of the United States. The Commission may, Jp^"^' <=™"- with the consent of the Attorney- General, employ special counsel in any proceeding under this Act, paying the expenses of such em- ployment out of its own appro- priation. OLD LAW. 30 NEW LAW. Sec. lf> [Latter half of section 16 pre- cedes, on p. 26.'] Sec. 16 [as amended March iL 1889 {25 Stat.. 855)1 . That when- ,,,„,,,^,,, ever any common carriei-,as defined of order other in and subject to the provisions of men?o£ monej; this act, shall violate, or refuse or neglect to obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a controversy requiring a trial by jury, as pro- vided by the seventh amendment to the Constitution of the United States, it shall be lawful for the Commis- sion or for any company or person interested in such order or require- ment, to apply in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal oiBce, or in which the violation or disobedience of such order or requirement shall happen, If any carrier fails or neglects to obey any order of the Commis- sion, other than for the paj^ment of money, while the same is in effect. any party injured thereby, or the Commission in its own name. may applj^ to the circuit court in the district where such car- rier has its principal operating office, or in which the violation or disobedience of such order shall happen, for an enforcement of such order. Such application shall be by petition. alleging such violation or disobe- dience, as the case may be; which shall state the substance of the order and the respect in which the carrier has failed of obedience. OLD LAW. {Sentence in hrackets tramposed from ielow.] [and such notice may be served on such common carrier, his or its ofBcers, agents, or servants in such manner as the court shall direct;] 31 epvArdrl Procedure ol NEW LAW. Sec. 16 and the said court shall have power to hear and determine the matter, on such short notice to the com- mon carrier complained of as the court shall deem reasonable; [Sentence froin here transpoKeil to above.] and said court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such man- ner as to do justice in the premises; and shall be served upon the car- rier in such manner as the court may direct, and to this end such court shall have power, if it think fit, to dii-ect and prosecute in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; [Sentence from here transposed to p. 35.'] and the court shall prosecute such inquiries and make such investi- gations, through such means as it shall deem needful in the ascer- tainment of the facts at issue or which may arise upon the hearing of such petition. 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 require- ment of said Commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue If, upon such hearing as the court may determine to be necessary, it appears that the order was regu- larly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by OLB LAW. 32 NEW LAW. Sec. 16 a writ of injunction or other proper process, mandatory or otherwise, to restrain such comrnon carrier from further con- tinuing such violation or disobedi- ence of such order or requirement of said Commission, and enjoining obedience to the same; Injunction. a writ of injunction, or otherproper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or rep- resentatives, from further disobe- dience of such order, or to enjoin upon it, or them, obedience to the same; and in case of any disobedience of oA°ow'eil°'™* any such writof injunction or other proper process, mandatory or oth- erwise, 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 otherproper process, mandatory or otherwise, against such common carrier, and if a cor- poration, against one or more of the dire<'tors, officers, or agents of the same, or against any owner, lessee, trustee, reoeiver, or other person failing to obej' 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 carrier or other person so disobeying such writ of injunction or other proper process, manda- tory or otherwise, to pay such sum of money, not exceeding for each carrier or person in default the sum of five hundred dollars for every day, after a day to be named in the order, that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, with- out prejudice to any other mode of recovering the same, be en- forced 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. and in the enforcement of such process the court shall have those OLD LAW. 33 NEW LAW. in writs of injunction and mandamus. Sec. 16 powers ordinarily exercised by it compelling obedience to its When the subject in dispute shall Appeal, 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 regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; From any action upon such peti- tion an appeal shall lie by either party to the Supreme Court of the United States, and such court may, in every such '^°^'^' ^t<'- matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be filed or presented by the Commission it shall be the duty of the district attorney, under the direction of the Attorney-General of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. and in such court the case shall have priority in hearing and de- termination over all other causes except criminal causes, but such appeal shall not vacate or suspend the order appealed from. The venue of suits brought in any of the circuit courts of the United States against the Commis- sion to enjoin, set aside, annul, or suspend any order or requirement of the Commission shall be in the district where the carrier against whom such order or requirement may have been made has its prin- cipal operating office, and may be brought at any time after such or- der is promulgated. And if the order or requirement has been made against two or more carriers then in the district where any one Priority. Venue. OLD LAW. 34 NEW LAW. SeC. 16 of said carriers has its principal operating office, and if the carrier has its principal operating office in the District of Columbia then the venue shall be in the district where said carrier has its principal of- fice; and jurisdiction to hear and determine such suits is hereby vested in such courts. The pro- suUs expe- visions of "An Act to expedite the slfp.m^"' '"'* hearing and determination of suits in equity, and so forth," approved February eleventh, nineteen hun- dred and three, shall be, and are hereby, made applicable to all such suits, including the hearing on an application for a preliminary injunction, and are also made ap- plicable to any proceeding in equity to enforce any order or re- quirement of the Commission, or any of the provisions of the Act to regulate commerce approved Feb- ruary fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supple- mental thereto. It shall be the duty of the Attorney-General in every such case to file the certifi- cate provided for in said expedit- ing Act of February eleventh, nineteen hundred and three, as necessary to the application of the provisions thereof, and upon ap- peal as therein authorized to the Supreme Court of the United States, the case shall have in such court priority in hearing and de- termination over all other causes except criminal causes: Pj-ovided, ^^^^''^^^^J^^P] That no injunction, interlocutory sion. order or decree suspending or re- straining the enforcement of an order of the Commission shall be granted except on hearing after not less than five days' notice to the Commission. An appeal may Appeal. be taken from any interlocutor}' order or decree granting or con- tinuing an injunction in any suit, but shall lie only to the Supreme Court of the United States: Pro- vided furtktfr. That the appeal must be taken within thirty daj^s from the entry of such order or decree and it shall take precedence in the appellate court over all other causes, except causes of like character and criminal causes. OLD LAW. 35 NEW LAW. Sees. 16, 16a [Sentence m brackets transposed from p. 31. '\ [and onsuch hearing the findings evwend '*"'" of fact in the report of said com- mission shall be prima facie evi- dence of the matter therein stated;] The copies of schedules and tariffs of rates, fares, and charges, and of all contracts, agreements, or arrangements between common carriers tiled with the Commission as herein provided, and the statis- tics, tables, and figures contained in the annual reports of carriers made to the Commission, as re- quired by the provisions of this Act, shall be preserved as public records in the custody of the secre- tary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of or ex- tracts from any of said schedules, tariffs, contracts, agreements, arrangements, or reports made public records as aforesaid, certi- fied by the secretary under its seal, shall be I'eceived in evidence with like effect as the originals. ^^Q.\%&\nenjisection\. That after a decision, order, or requirement has been made by the Commission in any proceeding any party there- to may at any time make applica- tion for rehearing of the same, or any matter determined therein, and it shall be lawful for the Com- mission in its discretion to grant such a rehearing if sufficient reason therefor be made to appear. Ap- plications for rehearing shall be governed by such general rules as the Commission may establish. No such application shall excuse any carrier from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement there of, without the special order of Rehearing. the Commission ing is granted In case a rehear- is grantea the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct; and if, in its judgment, after such OLD LAW. 36 NEW LAW. Sees. 17, 18 Sec. 17 [as amended March ^, procedure ot 1889 {f5_ Stat., 856)]. That the <=°'"«''««io°- Commission may conduct its pro- ceedings in such manner as will best conduce to the proper dispatch of business and to the ends of jus- tice. A majority of the Commis- sion shall constitute a quorum for the transaction of business, but no Commissioner shall participate in an J' hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such gen- eral rules or orders as may be re- quisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as ma}^ be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in per- son or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party inter- ested. Said Commission shall have an official seal, which shall be judi- cially noticed. Either of the mem- bers of the Commission may ad- minister oaths and affirmations and sign subpoenas. Sec. 18 {as amended March 8, salaries. 1889 {m Stat., 855)]. That each Commissioner shall receive an an- nual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Employees. Commission shall appoint a secre- tary, who shall receive an annual salary of three thousand five hun- dred dollars, payable in like man- ner. The Commission shall have authority to employ and fix the compensation of such other em- 8956—06 6 rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original decision, order, or requirement is in any re.'pect unjust or unwarranted, the Commission may reverse, change, or modify the same accordingly. An}' decision, order, or require- ment made after such rehearing, reversing, changing, or modifying the original determination hhall be subject to the same provisions as an original order. [Unchanged.] [ Unchanged except salary of Commissioner made $10,000. See p. l^J^.] OLD LAW. 37 NEW LAW. Sees. 19, 30 ployees as it may find necessary to the proper performance of its offices and duties. Until otherwise provided'"^" by law, the Commission may hire suitable offices for its use, and shall have authority to procure all nec- essary office supplies. Witnesses witness fees. summoned 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 Com- Expenses. mission, including^ all necessary expenses for transportation in- curred by the Commissioners, or by their employees under their or- ders, in making any investigation, or upon ofEcial business in anj' 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 .office and ses- ot the Commission shall be in the sion. city of Washington, where its gen- eral sessions shall be held; but whenever the (ionvenience of the public or the parties may be pro- moted or delay or expense pre- vented thereby, the Commissicn may hold special sessions in any part of the United States. It may, by one or more of the Commis- sioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any mat- ter or question of fact pertaining to the business of any common carrier subject to the provisions of this act. Sec. 20. That the Commission Annual re- , , . 1 • 1 • ports from car- is hereby authorized to require nets. annual reports from all common carriers subject to the provisions of this Act, to fix the time and prescribe 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 annual reports shall show in detail the amount of capital stock isj^ued, the amounts paid therefor, and the manner of payment for the same; the divi- dends paid, the surplus fund, if any, and the number of stock- contents. [ Unchanged.l Sec. 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this Act, and from the owners of all rail- roads engaged in interstate com- merce as defined in this Act, to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission ma}' need information. Such annual reports shall .'"how in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same: the divi- dends paid, the surplus fund, if any, and the number of stock- OLD LAW. 38 NEW LAW. Sec. 30 holders; the funded and floating ,,« on t^«°„t^„«l debts and the interest paid thereon; report. the cost and value of the farrier's propertj', franchises, and equip- ments; the number of emplojees and the salaries paid each class; holders; 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; [See act on. reporting of prescribed by the Commission, or to submit such accounts, records, and memoranda as are kept to the inspection of the Commission or any of its authorized agents or examiners, such carrier, receiver, or trustee shall forfeit to the United States the sum of five hundred dollars for each such of- fense and for each and every day of the continuance of such offense, such forfeitures to be recoverable in the same manner as other for- feitures provided for in this Act. Any person who shall willfully False entry. make any false entry in the ac- counts of any book of accounts or in any record or memoranda kept by a carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device falsify the record of any such ac- count, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, rec- ords, or memoranda of all facts and transactions appertaining to the carrier's business, or shall keep any other accounts, records, or memoranda than those pre- scribed or approved by the Com- mission, shall be deemed guilty of a misdemeanor and shall be sub- ject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than one thousand dollars nor more than five thousand dollars, or im- prisonment for a term not less than one 3' ear nor more than three years, or both such fine and imprisonment. Any examiner who divulges any Examiner di- fact or information which may '"^'^'"^ *'"'*'■ come to his knowledge during the course of such examination, ex- cept in so far as he may be directed by the Commission or by a court or judge thereof, shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not more than five thousand dollars or im- prisonment for a term not exceed- ing two years, or both. That the circuit and district Mandamus t« courts of the United States shall"^"'"'"*- have jurisdiction, upon the appli- OLD LAW. 41 NEW LAW. Secs. 30, 31 cation of the Attorney-General of the United States at the request of the Commission, alleging a failure to comply with or a viola- tion of any of the provisions of said Act to regulate commerce or of any Act supplementary thereto or amendatory thereof by any common carrier, to issue a writ or writs of mandamus commanding such common carrier to compljr with the provisions of said Acts, or any of them. And to carry out and give eflect . Agents admin- to the provisions of said Acts, or any of them, the Commission is hereby authorized to employ special agents or examiners who shall have power to administer oaths, examine witnesses, and re- ceive evidence. That anj' common carrier, rail- damtge'to prop^ road, or transportation company ^'■ty-i° transit, receiving property for transporta- tion from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, dam- age, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such propert}' may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or trans- portation company from the liabil- ity hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law. That the common carrier, rail- road, or transportation company issuing such receipt or bill of lad- ing shall be entitled to recover from the common carrier, railroad, or transportation company on whose line the loss, damage, or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such prop- erty, as may be evidenced by any receipt, judgment, or transcript thereof, Sec. 21 [*s amended March ^, „{ c?mmiiir \ Uncha^ivged.] 1889 {25 Stat., 855)]. That the Commission shall, on or before the first day of December m each year, OLD LAW. 42 NEW LAW. SCC. 38 make a report, which shall be trans- mitted to Congi-ess, and copies of which shall be distributed as are the other reports transmitted to Con- gress. This report shall contain such information and data collected by the Commission as may be con- sidered of value in the determina- tion of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission. Sec. 22 [as amended March "2, Free trans- {Opposite section not specifically 1889 {m Stat., 855), a.nd February Lopl^tV" "^ amended ly law of June ^5, 1906, 8, 1895 {28 Stat., 643)]. That "' which contams an anttpass prom- nothing in this act shall prevent s/on. beep. 3.\ the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibi- tion thereat, * * * [Portion of section relating to free transportation of persons given on p. t?.] Common law and nothing in this act con-^aki^'^'^^ ''''■ tained shall in any way abridge or alter the remedies now ex- isting at common law or by stat- ute, but the provisions of this act are in addition to such remedies: Provided, That no pending litiga- tion shall in any way be affected Five-thousand by this act: Provided farther, ■^'^^^^'^'i'^^^- That nothing in this act shall pre- vent the issuance of joint inter- changeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provisions of this act, shall issue any such joint interchangeable mileage tick- ets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tarifi's of rates, fares, or charges on which such joint interchangeable mileage tick- ets are to be based, together with specifications of the amount of free baggage permitted to be car- ried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section six of fViia act: and all the provisions of OLD LAW. 43 NEW LAW. ScC. 33 said section six relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint inter- changeable mileage tickets as with regard to other joint rates, fares, and ^ charges referred to in said section six. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or per- sons a greater or less compensa- tion for transportation of persons or baggage under such joint inter- changeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provi- sions of section ten of this act shall apply to any violation of the requirements of this proviso. [ Unchanged.'] Sec. 23. \_New section added March 2, 1889 {m Stat., 856).'] That the circuit and district courts „Jl'i'"!?S S n 1 -w-T • T iT"! I 1 1 1 move irtiiiic. or of the United btates shall haveiumish faciii- jurisdiction upon the relation of*'*^^' any person or persons, firm, or corporation, alleging such viola- tion by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as pre- vents the relator from having interstate trafiic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar condi- tions to any other shipper, to issue a writ or writs of mandamus against said common carrier, com- manding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ; Prorided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of per- emptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or other- OLD LAW. 44 NEW LAW. Sec. 34 wise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumu- lative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. [Sectimi 11 of old law relating to Commission, p. 18.^ Sec. 24. That the Interstate ^^commission Commerce Commission is hereby enlarged so as to consist of seven members with terms of seven years, and each shall receive ten thousand dollars compensation annually. The qualifications of the Commissioners and the man- ner of the payment of their sala- ries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the Pres- ident, by and with the advice and consent of the Senate, of two ad- ditional Interstate Commerce Com- missioners, one for a term expiring December thirty-first, nineteen hundred and eleven, one for a term expiring December thirty- first, nineteen hundred and twelve. The terms of the present Commis- sioners, or of anj' successor ap- pointed to fill a vacancy caused by the death or resignation of any of the present Commissioners, shall expire as heretofore provided by law. Their successors and the suc- cessors of the additional Commis- sionei's herein provided for shall be appointed for the full term of seven years, except that any per- son appointed to fill a vacancj' shall be appointed only for the unex- pired term of the Commissioner whom he shall succeed. Not more than four Commissioners shall be appointed from the same political party. {S^O 2,new) pat all existing p^com pulsion; laws relating to the attendance or witnesses and the production of evidence and the compelling of testimony under the Act to regu- late commerce and all Acts amend- atory thereof shall apply to any and all proceedings and hearings under this Act. (Sec. 10, iiew.) That all laws ^j^^^^epeai provi- and parts of laws in conflict with the provisions of this Act are hereby repealed, but the amend- 8956—06 7 OLD LAW. 45 NEW LAW. ments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner here- tofore provided by law. (Sec. 11, new.) That this Act Timeoftawng shall take effect and be in force "^''°'- from and after its passage. JOINT RESOLUTION JUNE 30, 1906. The act entitled "An act to^^suspending amend an act entitled 'An act to regulate commerce ' approved Feb- ruary fourth, eighteen hundred and eighty-seven, and all its acts amendatory thereof, and to en- large the powers of the Interstate Commerce Commission " shall take effect and be in force sixty days after its approval by the President of the United States. THE ELKINS LAW. [February 19, 1903 (32 Stat., 847).] That anything jjCjjrporation done or omitted to be done by a corporation common carrier, sub- ject to the Act to regulate com- merce and the Acts amendatory thereof which, if done or omitted to be done by any director or ofE- cer thereof, or any receiver, trus- tee, lessee, agent, or person acting for or employed by such corpora- tion, would constitute a misde- meanor under said Acts or under this Act shall also be 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 pen- alties are herein changed. The ^ Mure^to we willful failure upon the part of any a misdemeanor. carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts or strictly to observe such tariffs until "changed according to law. shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dol- lars nor more than twenty thousand dollars for each offense; and it shall SEC. 6, NEW LAW, SPECIFICALLY AMENDING ELKINS LAW. [Act oJ June 29, 1906 (34 Stat., 684).] Tlint Qm^ttiinrr Elkins Act re- j. nai an} imng {j,„ea ^^^ ^^ pp done or omitted to be done by as, H le, i8. corporation common carrier, sub- ject to the Act to regulate com- merce and the Acts amendatory thereof, which, if done or omitted to be done by any director or offi- cer thereof, or an}' receiver, trus- tee, lessee, agent, or person acting for or employed by such corpora- tion, would constitute a misde- meanor under said Acts or under this Act, shall also be 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 pen- alties are herein changed. The willful failure upon the part of any carrier subject to said Acts to tile and publish the tariff's or rates and charges as required by said Acts or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dol- lars nor more than twenty thousand dollars for each offense ; and it shall OLD LAW. 46 NEW LAW. be unlawful for any person, per- solicit, give or ■ ilCC6Dt r6Dfl.T6 sons, or corporation to oner, grant, unlawful. or give or to solicit, accept, or re- ceive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory thereto, whereby any such property shall by any device whatever be trans- ported at a less rate than that named in the tariffs published and tiled by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereto. be unlawful for anj' person, per- sons, or corporation to offer, grant, or give, or to solicit, accept, or re- ceive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by anj' common carrier subject to said Act to regulate commerce and the Acts amendatorj' thereof, whereby any such property shall by any device whatever be trans- ported at a less rate than that named in the tariffs published and tiled by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereof. or whereby any other advantage is given or discrimination is practiced. Every person or corporation who shall offer, grant, or give or solicit, ac- cept or receive any such rebates, concession, or discrimination shall be deemed guilty of a misde- meanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. Punishment. or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, ac- cept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misde- meanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars : In all convictions occurring after the passage of this Act for offenses under said Acts to regulate com- merce, 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 abol- ished. Provided, That any person, or any ReSef^to 'Sn oflBcer or director of any corpo-pp-w.n.is- ration subject to the provisions of this Act, or the Act to regulate commerce and the Acts amenda- OLD LAW. 47 NEW LAW. tory thereof, or any receiver, trus- tee, lessee, agent, or person acting for or employed by any such cor- poration, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the peni- tentiary for a term of not exceed- ing two years, or both such fine and imprisonment, in the discretion of the court. Every violation of this section shall erimef '''"°" "' be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was commit- ted or through which the transpor- tation may nave been conducted; and whenever the ofl;ense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, ancl punished in either jurisdiction in the same manner as if the offense had been actually and wholly com- mitted therein. In construing and enforcing the fo?lct'of agent provisions of this section the act, omission, or failure of anj' officer, agent, or other person acting for or employed by any common car- rier acting within the scope of his em- ployment shall in every case be also deemed to be the act, omis- sion, or failure of such carrier as well as that of the person. Whenever any carrier 'files with ^^^^'e med jhe the Interstate Commerce Commis- fulness. sion or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amend- atory 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. Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of ci'imes within the district in which such violation was commit- ted, or through which the transpor- tation may have been conducted; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly com- mitted therein. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common car- rier, or shipper, acting within the scope of his em- ployment, shall in every case be also deemed to be the act, omis- sion, or failure of such carrier or shipper as well as that of the person. Whenever any carrier files with the Interstate Commerce Commis- sion or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amend- atory thereof, or participates in any rates so filed or published, that rate as against such carrier, its ofiicers, 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. OLD LAW. 48 NEW LAW. Skc. 2. That in any proceeding ^^oii^derpipar- for the enforcement of the pro- visions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commis- sion or be begun originally in any Any person, corporation, or ^jSMff «j;» »fy^'- company -who shall deliver prop- erty for interstate transportation to any common carrier, subject to the provisions of this Act, or for whom as consignor or consignee, any such carrier shall transport property from one State, Terri- tory, or the District of Columbia to any other State, Territory, or the District of Columbia, or for- eign country, who shall knowingly by employee, agent, oiEcer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier an}^ sum of money or any other valuable con- sideration as a rebate or offset against the regular charges for transportation of such property, as fixed by the schedules of rates pro- vided for in this Act, shall in addi- tion to any penalty provided by this Act forfeit to the United Forfeit rebate. States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascer- tained by the trial court; and the Attorney General of the United States is authorized and directed, whenever he has reasonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as aforesaid, to institute in any court of the United States of com- petent jurisdiction, a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so re- ceived or accepted, or both, as the case may be. OLD LAW. 49 NEW LAW. circuit court of the United States, it shall be lawful to include as par- ties, in addition _to the carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may 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. Sec. 3. That whenever the In- Enjoin de- j. , . r^ r~\ • • parture from terstate Commerce (Jommission published rate. shall have reasonable ground for belief that any common carrier is engaged in the carriage of passen- gers or freight traffic between given points at less than the pub- lished rates on file, or is commit- ting any discriminations forbidden by law, a petition may be pre- sented alleging such facts to the circuit court of the United States sitting in equity having jurisdic- tion; and when the act complained of is alleged to have been commit- ted or as being committed in part in more than one judicial district or State, it may be dealt with, in- quix-ed of, tried, and determined in either such judicial district or State, whereupon it shall be the duty of the court summarily to inquire into the circumstances, upon such notice and in such man- ner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations par- ties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall en- force an observance of the pub- lished tariffs or direct and require a discontinuance of such discrimi- nation 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 at- torneys of the United States, whenever the Attorney-General shall direct, either of his own mo- tion or upon the request of the Interstate Commerce Commission, OLD LAW. 50 NEW LAW. to institute and prosecute such proceedings, and the proceedings provided for by this Act shall not preclude the bringing of suit for the recovery of damages by any party injured, or any other action provided by said Act approved February fourth, eighteen hun- dred and eighty -seven, entitled an Act to regulate commerce and the oompuisoiy Acts amendatory thereof. And process. in proceedings under this Act and the Acts to regulate commerce the said courts shall have the power to compel the attendance of witnesses, both upon the part of the carrier and the shipper, who shall be required to answer on all subjects relating directly or indirectly to the matter in contro- versy, and to compel the produc- tion of all books and papers, both of the carrier and the shipper, which relate directlj' or indirectly to such transaction; the claim that ^hiviwunity lavjs on //. 51.] such testimony or evidence may tend to criminate the person giv- ing such evidence shall not excuse such person from testifying or 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 anj' transaction, matter, or thing concerning which he may testify or produce evi- dence documentary or otherwise in such proceeding: Propided^ suits expedited. mi . .1 • • £ it. For act, see p. 61. Ihat the provisions or an Act en- titled "An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July sec- ond, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' 'An Act to regulate commerce,' ap- proved February fourth, eighteen hundred and eighty -seven, or any other Acts having a like purpose that may be hereafter enacted, ap- proved February eleventh, nine- teen hundred and three," shall ap- ply to any case prosecuted under the direction of the Attorney- General in the name of the Inter- state Commerce Commission. Sec. tt. That all Acts and parts of Acts in conflict with the pro- visions of this Act are hereby re- pealed, but such repeal shall not aifect causes now pending nor OLD LAW. 51 NEW LAW. rights which have already ac- crued, but such causes shall be prosecuted to a conclusion and such rights enforced in a manner heretofore provided by law and as modified by the provisions of this Act. Sec. 5. That this Act shall take effect from its passage. AH ACT IN RELATION TO TESTIMONY BEFORE THE INTERSTATE COMMERCE COMMISSION. [27 Stat., 443.] That no person shall be excused from attending and testifying or from producing Referred to on books, papers, tariffs, contracts, agreements and documents before the Interstate ''''■ ^^' ^*'' ^''' Commerce Commission, or in obedience to the subpoena of the Conmiission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the act of Congress, entitled " An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or for- feiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commis- sion, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Pivnded, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and docu- ments, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than one hundred dollai's nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment. Approved, February 11, 1893. AN ACT DEFINING IMMUNITY. [34 Stat., 798.J That under the immunity provisions in the Act entitled '"An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, in section six of the Act entitled "An Act to establish the Department of Commerce and Labor," approved February fourteenth, nineteen hundred and three, and in the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and in the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes," approved February twenty-fifth, nineteen hundred and three, immunity shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. Approved, June 30, 1906. 52 AN ACT TO EXPEDITE THE HEARING AND DETERMINATION OF SUITS. [32 Stat., 823.] That in any suit in equity pending or hereafter brought in anv circuit court of the Referred to in United States under the Act entitled "An Act to protect trade and commerce against"^''' ''"''• "■ ^^■ unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hun- dred and eighty -seven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may tile with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon ^^j^^.^ ^j^^. such case shall be given precedence over others and in every way expedited, and be judges. assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said cii'cuit, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select. In Review by the event the judges sitting in such case shall be divided in opinion, the case shall be supreme court. certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided. Sec. 2. That in every suit in equity pending or hereafter brought in an^- circuit Appeal to su- court of the United States under any' of said Acts, wherein the United States igPreme court. complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Couit and must be taken Exception. within sixty days from the entry thereof: Pnividt'd, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law. Approved, February 11, 1903. AN ACT REQUIRING COMMON CARRIERS ENGAGED IN INTERSTATE COMMERCE TO MAKE FULL REPORTS OF ALL ACCIDENTS TO THE INTERSTATE COM- MERCE COMMISSION. [31 Stat., 1446.] It shall be the dutv of the general manager, superintendent, or other proper officer j^coveredinpart of every common carrier engaged in interstate commerce by railroad to make to the '^^'^' Interstate Commerce Commission, at its office in Washington, District of Columbia, a monthly report, under oath, of all collisions of trains or where any train or part Monthly re- of a train accidentally leaves the track, and of all accidents which may occur to its dents. passengers or employees while in the service of such common carrier and actually on duty, which report shall state the nature and causes thereof, and the circumstances connected therewith. Sec. 2. That any common carrier failing to make such report within thirty daj^s mfjfe J^p^jt. '° after the end of any month shall be deemed guilt}^ of a misdemeanor and, upon con- viction thereof by a court of competent jurisdiction, shall be punished by a fine of I'euaity. not more than one hundred dollars for each and every ofiense and for every day during which it shall fail to make such report after the time herein specified for making the same. Sec. 3. That neither said report nor any part thereof shall be admitted as evi- be used^^in^evT- dence or used for an}' purpose against such railroad so making such report in any"^®""®- suit or action for damages growing out of any matter mentioned in said report. Sec. 4. That the Interstate Commerce Commission is authorized to prescribe ^°™° report. for such common carriers a method and form for making the reports in the foregoing section provided. Approved, March 3, 1901. 8956—06 8 INDEX Access to carriers' accounts Accidents, Commission to be informed Evidence, reports not used as Failure to report, penalty Form of report Included in annual reports Accounts of carriers (see also Annual report) . . . Failure to keep, penaltj' False entry, penalty Uniform forms prescribed Accrued claims Agent, act of, deemed act of carrier Special. {See Examiner, special. ) Agreements, copies filed, public records, prima facie evidence Allowance for service rendered by shipper Annual report of carrier Commission to require, manner specific answers Contents Failure to file, forfeiture Oath to Public records Time of filing Annual report of Commission, to Congress Published - Appeals to Supreme Court 33, Application of act Arrangements, copies of, filed, prima facie evi- dence Attorney-General, assist Commission Certificate in expediting cases Collect forfeiture by civil action Direction of, forfeiture suits injunction suits prosecutions Mandamiis proceedings Special counsel Attorney's fees 15, Award of damages by Commission. {See Monej' damages. ) Baggage, amount of free Balance sheet of carrier in annual report Billing, false Branch, lines Bridges and ferries Carrier, covered by act Includes express companies Liability. {See Liability. ) Means common carrier Page. 39 52 52 52 52 38 39, 40 40 40 39 28 47 35 25 37-41 38 37 37, 38 39 39 35 38 41 23 34,52 1 35 19 34 48 29 49 19 40 29 19,28 42 ;is 16,17 2,5,6 2 1 9 14 , (53) Cars and vehicles, furnishing of 2, 6 Compelled 43 "Cease and desist," order to 24 Change in rate, notice of 10 Claim , accrued {xee also Complaint) 28 Classification, freight, false 17 Schedule to contain 9 Common-law remedies remain. 41, 42, 43 Commission. {Sec Interstate Commerce Com- mission.) Commodity, carrier not to transport, in which in- terested 5 Common carrier. ( (See Carrier. ) Commutation tickets. 3 Complaints to Commission 21 Absence of direct damage not fatal 22 Carrier notified 21 Election of 15 Investigated 22 Limitation 28 State railroad commission 22 Compulsory testimony 15, 19, 44, 50, 51 Concurrence in joint tariff 11 Confl-icting acts repealed 44, 50 Connecting lines not to discriminate 7 Contempt of court 20 Continuous carriage of freights 14 Contracts, copies to be filed 11 Public records 35 Corporation carrier made liable 45 Costs and expenses, court 19 old law . - 33 Depositions 21 Forfeiture suits ,. . . 29 Money damage cases 27 Counsel, fee allowed - 15, 19, 28 Special, employed by Commission 29 Court, appeal to Supreme 33, 34, 52 Attorney fees 15, 19, 28 Compulsory testimony. {See Compulsory tes- timony. ) Contempt of 20 Contracts, etc., filed with Commission prima facie evidence 35 Costs and expenses. {See Costs and expenses. ) Elkins Act, procedure 45 Enforce disobeyed order _ 32 Findings of fact of Commission awarding dam- ages, prima facie evidence 27 Injunction and interlocutory order. {See In- junction. ) 54 Page. Court— Continued. Joinder of parties 28, 48 Jurisdiction, in cases other than for payment of money 30 false-billing and rebate cases . .' 16-18, 47 free-pass cases 5 Limitations upon actions 28 Mandamus, as to cars and facilities 43 to enforce act 40 Money damages. [See Money damages.) Power over order of Commission 24 Proceedings to enjoin departure from pub- lished rate 49 Self-crimination 16, 20, 50, 51 Service of process 28 Suit, for recovery of damages 15, 26, 47 for recovery of forfeitures 29, 39, 40, 48 for switch connections 6 to enforce act J9 venue of suits against Commission 33 Criminal provisions, antipass 5 Elkins Act, rebates, etc 45, 47 False entry in accounts, divulging, etc., sec. 20. 40 General, sec. 10 16-18 Jurisdiction of 47 Damage, absence of direct, not fatal to com- plaint 22 Damages. {See Money damages. ) Decree. [See Order.) Departure from published rates. {See Rebates.) Depositions 20, 21 Compulsory 21 Fees of officers and witnesses 21 Filed with Commission 21 Foreign countries 21 Depots, yards, and grounds 2 Discrimination between connecting lines for- bidden 7 Unjust {nee also Eebates) 6 District attorney, duty, as to forfeitures 29 In enjoining rebates 49 prosecutions 19 Divisions of joint rate 24 Bflfect, act goes into 45 Election of remedies 15 Elevator services 2 Elkins Act (as amended) 45-51 Employee of Commission 36 Of carriers, free passage 3 to testify 15 liable for false billing, etc 16 liable for rebate 45, 46 salary and number in annual report 38 to report accidents 52 Enjoin. ((See Injunction.) Enumeration of powers, not exclusive 25 Evidence, prima facie 27, 35 Examiners and agents, special 39 Access to accounts of carrier 39 Oath administered by 41 Penalty for divulging 40 Testimony before 40 Excursion tickets 3 Page. Expediting act 52 Applies to Commission cases 50 Applies to suits against commission 34 Expenses of Commission, how paid 37 Express companies, employees carried free 4 Included in act 2 Facilities for interchange of traffic 7 False billing 16, 17 Entry in accounts, etc 40 Fares. (5'ee Tariff. ) Fees, before Commission 37 Before courts 19, 27, 29 Deposition 21 Ferries and bridges 2 File, contracts, arrangements, etc 11 Tariff. -(See Tariff. ) Findings of fact in money damages 22 Prima facie evidence 27 Foreign country, posting of tariff through 9 Forfeiture, consideration illegally received 48 Costs and expenses of suit for 29 Disobeilience to orders of Commission, $5,000. 29 Duty of district attorney 29 Failure to file annual report, recovery .39 Failure to keep accounts 40 Recoverable by civil suit 29 Form of procedure before Commission 36 Free transportation of persons 3-5 Excepted cases 3 Interchange permitted 4 Penalty and jurisdiction of courts 5 Prohibited 3 Property in certain cases 42 Furnishing cars 2,6 Mandamus to compel 43 Haul, long and short 7 Icing service 2 Immunity, defined 51 To testifying witnesses 16, 20, 50, 51 Imprisonment for discrimination 46 Improvements of carrier, in annual report 38 " Industrial railroads," etc 25 Initial carrier has recourse upon carrier respon- sible for damage 41 Injunction compelling obedience to order of Com- mission 32 Notice to Commission 34 Suit for d mages not interfered with by 50 To restrain rebates 49 Interchange of traffic 7 Interchangeable tickets 42 Interlocutory order, notice of appeal from (see afeo Injunction) 34 Interstate character of shipment preserved 14 Interstate Commerce Commission: Decisions published 23 Employees 36 Enforce act 19 Enlargement of 44 Established 18, 44 Expenses, how paid 37 Fees of witnesses 37 55 Interstate Commerce Commission — Continued, page. Findings of fact 22, 27 Form of procedure , 36 Institution of inquiries 22 Investigations by 19, 22, 37 Just regulations and practices prescribed by . . . 24 May waive fourth section 7 Money damages awarded by 25 Oath administered by 36 OfiBces and supplies 37 Order. {See Order of Commission. ) Qualifications 18, 44 Eehearings 35 Report, annual, to Congress 41 published 23 of investigations 22 Salaries 18, 44 Seal 36 Secretary 36 Service of orders 28 Service of reports 22 Sessions of 36, 37 Special agents and examiners of. {See Exam- iner. ) Special counsel 29 Suits against. {See Suit. ) Terms of office 18, 44 Testimony before 19, 20, 36, 50, 51 Vacancies in 18, 44 Venue of suits against 33 Intrastate traffic excluded 2 Investigations of Commission 19, 22, 37 Joinder of parties 28, 48 Joint liability, shipper and carrier 18 Joint rate, prescribed and apportioned 24, 25 To be established by carrier 2 Joint tariff. ( See Tariff. ) Jurisdiction. {See Criminal provisions; also Suit. ) Long and short haul 7 Loss or damage, liability for freight received 41 Legal rate is one filed 47 Liability of carrier and shipper jointly for dam- ages 15, 18 discrimination. {See Eebates. ) goods received 41 Corporation 45 Shipper - 17, 18, 46 Limitation upon action for money damages 28 Mandamus, to compel compliance with act 40 old law 12 To compel compliance with order of Commis- sion 32 To compel furnishing cars and movement of traffic i'j Maximum rate. {See Rates. ) Mileage, tickets 3 To witnesses 37 Military traffic, preference to 14 Misdemeanor. {See Criminal provisions.) Money damages: Accrued claims 28 Attorney's fees 15, 19, 28 Award of, by Commission 25 Money damages — Continued. Page. Complainant need not claim 22 Costs not taxed on petitioner in circuit court. . 27 Findings of fact 22, 27 Joinder of parties 28, 48 Joint liability of shipper with carrier 18 Jurisdiction of courts. (fte'Suit. ) Limitation upon action 28 Service of Commission's order 29 Ser\'ice of process 28 Under Elkins Act 48 Monthly and special reports of carriers 39 "New section" 43 Notice of application for injunction or interlocu- tory order 34 Of change in rates 10 Oath: Administered by Commissioner 36 Administered by examiner 41 Of carrier to annual report 38 before 39 Office and supplies of Commission 37 Oil lines subject to act 1, 8 Order of Commission binds all parties 49 Carrier to comply with 29 Commission may modify or suspend 29 Court's power over 24 Division of joint rate 24 For payment of money, suit on 25 How served (by mail) 29 Other than for payment of money, suit on 30 Punishment for noncompliance with 29 Reasonable rates and practices 24 Venue of suits to set aside 33 Court binds all parties 49 Organization of company, in annual report 37 Own motion, Commission to investigate on 22 Parties joined 28, 48 Passenger. {See Tariff; also Free transporta- tion.) Pecuniary interest of Commissioner in subject of investigation 36 Penalty, accident report law 52 Compulsory testimony cases 20, 51 Divulging by examiner 40 Failure to file annual report 39 to keep, file, and exhibit accounts 40 to publish rates 45 False entry, etc. , accounts 40 For noncompliance with Commission's order. 29 Free passes 5 Interchangeable tickets 43 Rebates 16-18, 45-48 Violations of act 16-18 Pending cases not affected by amendment 44, 50 Pipe lines 1,8 Pooling prohibited 8 Posting tariff 9 Power of Commission to make inquiry 19 Powers, enumeration of, not exclusive 25 Practices, just 24 Preference and expedition of military traffic 14 Prima facie evidence 27, 35 56 Page. Printing, posting, and filing schedules. {See Tariff. ) Priority of Commission cases in Supreme Court. . 33 Private car service 2, 25 Procedure of investigation 21 Of suit. [See Suit. ) To conduce to justice 36 Put)lic records, contracts, etc., filed with Com- mission 35 Publication of decisions of Commission 23 Published rates. ( See Tariff. ) "Railroad" defined 2 Rates, charged, reasonable (see also Tariff) 3, 24 Commission to determine 24 Filed, deemed legal rate 47 issue orders on 24 Regulation of, by carrier, shown in its annual report 38 Service of order of Commission 29 Rebates, Elkins law 45 Corporation liable 6, 13, 45 Forbidden 49 Offering or granting, a crime 6, 17, 46 Penalty for 17, 46 Soliciting, a crime 17, 46 Receivers and trustees subject to act 39 Receiving' carriers liable for goods (.