« ПредишнаНапред »
and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. (Sec. 16.)
Ninth : Lastly, it is provided that nothing in this Act contained 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. (Sec. 22.)
Comments upon above Sections. It will thus be seen that the Act prescribes a full measure of remedies and penalties for a violation of its provisions, or any part thereof.
We shall separate and briefly recapitulate them.
Criminal Remedy. Under the tenth section of the Act an indictment lies in the following instances :
First : Against any common carrier subject to the provisions of this Act, who, alone or with any other corporation, company, person, or party, shall wilfully do any matter or thing, etc., prohibited by the act, etc., etc., as enumerated in the said section.
Second : Whenever such common carrier is a corporation, against 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, any matter or thing prohibited by the said Act, etc., etc., as enumerated in said section.
This criminal remedy would be invoked in the District Court by indictment, precisely the same as it would be for the infraction of any other offence against the United States.
Civil Remedies for Party Injured. The Act provides two distinct forms of remedy for any party injured by the failure of a common carrier to comply with the terms of the Act.
First: The person or persons injured may bring suit in his or their own behalf for the recovery of damages in any District or Circuit Court of the United States of competent jurisdiction. (Secs. 8 and 9.)
Second : Or, such person or persons may make complaint to the Commission, following the forms and practice enumerated in Sec. 13, et seq. (Sec. 9.)
But such person 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 he or they will adopt. (Sec. 9.) Remedies of Complainants whether Damaged
or not. There are three classes of complainants who may institute proceedings against common carriers without alleging any injury or damage.
First. Any person, firm, corporation, or as-. sociation, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complaining of any thing done or omitted to be done by any common carrier, subject to the provisions of this Act in contravention of the provisions thereof, may apply to said Commission by petition, etc. (Sec. 13.)
Second. Said Commission shall, in like manner, investigate any complaint forwarded by the Railroad Commissioner, or Railroad Commis
sion of any State or territory, at the request of such Commissioner or Commission. (Sec. 13.)
Third. And said Commission may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. (Sec. 13.)
No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (Sec. 13.)
THE INTER-STATE COMMERCE COMMISSION.
E now come to consider the most im
portant portion of the Inter-State Commerce Act, which relates to the creation of the Commission, and its general functions and powers, as contained between the eleventh and the twenty-fourth sections of the Act inclusive.
Title of Commission.
The Commission is to be known as the “ Inter-State Commerce Commission. (Sec. 11.)
Number of Commissioners and Manner of
It shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. (Sec. 11.)