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make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination 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.

portation of

SEC. 22 [as amended March 2, Free trans1889 (25 Stat., 855), and February property. 8, 1895 (28 Stat., 643)]. That nothing in this act shall prevent 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 exhibition thereat,

*

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Common law remedies

re

Five-thousand

[Portion of section relating to free transportation of persons given on p. 3.] and nothing in this act con- main. tained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act: Provided further, mile ticket. That nothing in this act shall prevent the issuance of joint interchangeable 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 tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section six of this act: and all the provisions of

[Opposite section not specifically amended by law of June 29, 1906, which contains an antipass provision. See p. 3.]

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 interchangeable 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 persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable 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 provisions of section ten of this act shall apply to any violation of the requirements of this proviso.

SEC. 23. [New section added March 2, 1889 (25 Stat., 855).]

move traffic or

That the circuit and district courts Mandamus to
of the United States shall have furnish facili-
jurisdiction upon the relation of ties.
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 traffic 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: Provided,
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-

[Unchanged.]

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 cumulative, 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.

[Section 11 of old law relating to Commission, p. 18.]

8956-06-7

SEC. 24. That the Interstate 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 manner of the payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December thirty-first, nineteen hundred and eleven, one for a term expiring December thirtyfirst, nineteen hundred and twelve. The terms of the present Commissioners, or of any successor appointed 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 successors of the additional Commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Not more than four Commissioners shall be appointed from the same political party.

Commission

enlarged.

process retained.

(SEC. 9, new) That all existing Compulsory laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act.

sion.

(SEC. 10, new.) That all laws Repeal proviand parts of laws in conflict with the provisions of this Act are hereby repealed, but the amend

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