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PENALTIES AND REMEDIES FOR VIOLATING ACT.
HE general penalties of the Act are con
tained in the eighth, ninth, and tenth sections, but there are other special penalties provided for in the other sections, which we shall briefly allude to in this connection.
First : Section 8 provides that in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of
such violation of the provisions of this Act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in this case. Second : Sec. 9—That any person or persons
claiming to be damaged by any common carrier subject to the provisions of this Act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this Act in any District or Circuit Court of the United States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.
Third : Sec. 10.—That any common carrier subject to the provisions of this Act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall wilfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter, or thing in this Act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this Act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this Act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any District Court of the United States within the jurisdiction of which such offence was committed, be subject to a fine not to exceed five thousand dollars for each offence.
To these penalties must be added some others, as follows :
Fourth: Each day's continuance of an agreement between carriers to pool freight shall be deemed a separate offence. (Sec. 5.)
Fifth : Where a common carrier, receiving freight in the United States to be carried through a foreign country, fails to print and keep for public inspection at the depôt where such freight is received for shipment, schedules showing the through rates, such freight shall, before it is admitted into the United States from such foreign country, be subject to customs duties. (Sec. 6.)
Sixth : A failure to comply with the writ of mandamus issued to compel the performance of duties devolved on carrier by the sixth section, shall be punishable as and for a contempt. (Sec. 6.)
Seventh : A failure to obey an order of the Circuit Court of the United States, requiring a carrier to appear before the Commission (and produce books if ordered) and give evidence, may be punished by the court as a contempt. (Sec. 12.)
Eighth : If it be made to appear to the Circuit Court, that the lawful order or requirement of the Commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said Commission, and enjoining obedience to the same ; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process incident to writs of injunction, against such common carrier, or persons failing to obey such writ or process; and said court may make an
an order directing such common cațrier, or other person, so disobeying such writ of injunction or other process, to pay a 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 process. Such money shall be payable as the court shall direct, either to the party complaining, or into court, or into the treasury;