Графични страници
PDF файл
ePub

or false

accounts

mission. Fine

or
or

au. Fine

or Or

com

visions of Act.

Commission may

the continuance of such offense, such forfeitures to be recoverable in the same manner as other forfeitures provided for in this Act.

Any person who shall willfully make any false entry in the accounts Punishment of any book of accounts or in any record or memoranda kept by a car. person for

entry in accounts rier, or who shall willfully destroy, mutilate, alter, or by any other or records, or mumeans or device falsify the record of any such account, record, or tilation of a c. memoranda, or who shall willfully neglect or fail to make full, true, com tot keeping

counts or records. and correct entries in such accounts, records, or memoranda of all facts other and transactions appertaining to the carrier's business, or shall keep scribed by com

those any other accounts, records, or memoranda than those prescribed or approved by the Commission, shall be deemed guilty of a misdemeanor imprisonment, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than one thousand dol. lars por more than five thousand dollars, or imprisonment for a term not less than one year nor more than three years, or both such fine and imprisonment.

Any examiner who divulges any fact or information which may como Punishment of to his knowledge during the course of such examination, except in so special exam far as he may be directed by the Commission or by a court or judge facts or informa thereof, shall be subject, upon conviction in any court of the United tlon without States of competent jurisdiction, to a fine of not more than five thousand thority,

imprisonment, dollars or imprisonment for a term not exceeding two years, or both. both.

That the circuit and district courts of the United States shall have United States jurisdiction, upon the application of the Attorney-General of the United courts may issue States at the request of the Commission, alleging a failure to comply to compel with or a violation of any of the provisions of said Act to regulate pliance with procommerce 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 comply with the provisions of said Aets, or any of them.

And to carry out and give effect to the provisions of said Acts, or employ special any of them, the Commission is hereby authorized to employ special ers to administer

agents or examin. agents or examiners who shall have power to administer oaths, examine oaths, examine

witnesses, and re. witnesses, and receive evidence.

ceive evidence. That any common carrier, railroad, or transportation company receive ing property for transportation from a point in one State to a point in Receiving comanother State shall issue a receipt or bill of lading therefor and shall

for loss or dambe liable to the lawful holder thereof for any loss, damage, or injury to age on through such property caused by it or by any common carrier, railroad, or

shipments carried transportation company to which such property may be delivered or connection, irre over whose line or lines such property may pass, and no contract, receipt, tract to contrary. rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or

Remedies under bill of lading of any remedy or right of action which he has under existing law not existing law.

That the common carrier, railroad, or transportation company issuing sueh receipt or bill of lading shall be entitled to recover from the com. mon carrier, railroad, or transportation company on whose line the loss, sponsible for loss damage, or injury shall have been sustained the amount of such loss, or damage. damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.

Sec. 21. (As amended March 2, 1889.) That the Commission shall, on or before the first day of December in each year, make a report, to Congress. 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 Commis. sion 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 Commis.

mon carrier liable

by it or by any

con

barred.

Initial carrier may have recourse upon carrier re.

Annual reports of the Commission

[ocr errors]

at reduced rates.

excur

tion
ger tickets.

officers

and

am

Joint

inter

tickets.

Amount

sion may deem necessary; and the names and compensation of the

persons employed by said Commission. Persons and SEC. 22. (As amended March 2, 1889, and February 8, 1895.). That property that may 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, or the free carriage of destitute

and homeless persons transported by charitable societies, and the necession, or commuta: sary agents employed in such transportation, or the issuance of mileage, pa s se d: excursion, or commutation passenger tickets; nothing in this Act shall

be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors’ Orphan Homes, including those about to enter and those return

ing home after discharge, under arrangements with the boards of manL'asses and free agers of said homes; nothing in this Act shall be construed to prevent transportation to railroads from giving free carriage to their own officers and employees, ployees of railroad

or to prevent the principal officers of any railroad company or comcompanies.

panies from exchanging passes or tickets with other railroad companies Provisions for their officers and employees; and nothing in this Act contained dition to remedies shall in any way abridge or alter the remedies now existing at common existing at com law or by statute, but the provisions of this Act are in addition to such mon alguna perdite remedies: Provided, That no pending litigation shall in any way be fected by act. affected by this Act: Provided further, That nothing in this Act shall changeable five prevent the issuance of joint interchangeable five-thousand-mile tickets, thousand mile with special privileges as to the amount of free baggage that may be of free baggage.

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 of

to do with regard to other joint rates by section six of this Act; and all the provisions of 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. (Added March 2, 1889.) That the circuit and district states courts of the United States shall have jurisdiction upon the relation of

any person or persons, firm, or corporation, alleging such violation by a tory

common carrier, of any of the provisions of the Act to which this is a commanding

supplement and all Acts amendatory thereof, as prevents the relator terstate traffic or from having interstate traffic moved by said common carrier at the same the furnishing, of rates as are charged, or upon terms or conditions as favorable as those transportation fa given by said common carrier for like traffic under similar conditions

to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for trausportation 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

Publication rates,

Sale of tickets.

Penalties.

Jurisdiction of United ourts to issue writs of

perempmandamus

the movement of in.

cilities.

damus may issue, notwithstanding

compensation of carrier may be undeter

lative.

cumu. and shall

other

remedies by

the

Commission to consist of seven

terms; salaries.

siun.

service to be enforced by the writ is raised by the pleadings, the writ Peremptory man. of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money proper into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy mined.

Remedy bereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this not interfere with Aet or the Act to which it is a supplement.

provided SEC. 24. (Added June 29, 1906.) That the Interstate Commerce Act. Commission is hereby enlarged so as to consist of seven members with terms of seven years, and each shall receive ten thousand dollars com- members; pensation annually. The qualifications of the Commissioners and the manner of the payment of their salaries shall be as already provided Qualifica. by law. Such enlargement of the Commission shall be accomplished tions and enlarge

ment of Commis. through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commis. sioners, one for a term expiring December thirty-first, nineteen hundred and eleren, one for a term expiring December thirty-first, nineteen hundred and twelve. The terms of the present Commissioners, or of any successor appointed to fill a vacancy caused by the death or resig. nation 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. (Additional provisions in Act of June 29, 1906.) (Sec. 9.) That all

Existing laws

to attendance existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate production of evi commerce and all Acts amendatory thereof shall apply to any and all ble in proceedings proceedings and hearings under this Act. (SEC. 10.) That all laws and parts of laws in conflict with the pro

Conflicting laws visions of this Act are hereby repealed; but the amendments herein repealed. provided for shall not affect causes now pending in courts of the United

Amendments not States, but such causes shall be prosecuted to a conclusion in the manner to affect pending heretofore provided by law.

(SEC. 11.) That this Act shall take effect and be in force from and after its passage.

Joint resolution of June 30, 1906, provides: “That the Act entitled “An Act to amend an Act entitled "An Act to regulate commerce,approved February 4, 1887, and all Acts amendatory thereof, and to

days (August 28,

1906). enlarge 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.'

Public No. 41, approved February 4, 1887, as amended by Public No. 125, approved March 2, 1889, and Public No. 72, approved February 10, 1891. Public No. 38, approved February 8, 1895. Public No. 337, approved June 29, 1906. Public Res., No. 47, approved June 30, 1906. Public No. 95, approved April 13, 1908.

[ocr errors]

witnesses

and

under this Act.

causes in court.

When fective.

Act ef

Time of taking effect extended 00

[ocr errors][merged small]

Failure of

or

rates tarit's a meanor.

Misdemeanor

to

AN ACT To further regulate commerce with foreign nations and among

the States.
[Approved February 19, 1903 (32 Statutes at Large, 847); amended by act
approved June 29, 1906 (34 Statutes at Large, 584).)

Be it enacted by the Senate and House of Representatives of the Carrier corpora: United States of America in Congress assembled, Sec. 1. (As amended officer or agent 11 June 29, 1906.) That anything done or omitted to be done by a cor. able to conviction poration common carrier, subject to the Act to regulate commerce and

the Acts amendatory thereof, which, if done or omitted to be done by
any director or officer thereof, or any receiver, trustee, lessee, agent,
or person acting for or employed by such corporation, would constitute
a misdemeanor under said Acts or under this Act, shall also be held

to be a misdemeanor committed by such corporation, and upon convicPenalty.

tion 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

car. penalties are herein changed. The willful failure upon the part of rier to publish

ouderste any carrier subject to said Acts to file and publish the tariffs or rates
misde and charges as required by said Acts, or strictly to observe such tariffs

until changed according to law, shall be a misdemeanor, and upon con

viction thereof the corporation offending shall be subject to a fine of Penalty, fine. not less than one thousand dollars not more than twenty thousand dollars

for each offense; and it shall be unlawful for any person, persons, or oder, grant, give, corporation to offer, grant, or give, or to solicit, accept or receive any solicit, accept or rebate, concession, or discrimination in respect to the transportation of from published any property in interstate or foreign commerce by any common carrier

other subject to said Act to regulate commerce and the Acts amendatory concession or dis.

thereof whereby any such property shall by any device whatever be
transported at a less rate than that named in the tariffs published and
filed 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,

whether carrier or shipper, who shall, knowingly, offer, grant, or give, Penalty: fine or or solicit, accept, or receive any such rebates, concession, or discriminaimprisonment,

or tion shall be deemed guilty of a misdemeanor, and on conviction thereof

shall be punished by a fine of not less than one thousand dollars nor
more than twenty thousand dollars: Provided, That any person, or any
officer or director of any corporation subject to the provisions of this
Act, or the Act to regulate commerce and the Acts amendatory thereof,
or any receiver, trustee, lessee, agent, or person acting for or employed
by any such corporation, who shall be convicted as aforesaid, shall, in
addition to the fine herein provided for, be liable to imprisonment in
the penitentiary for a term of not exceeding two years, or both such

fine and imprisonment, in the discretion of the court. Every violation Judicial district of this section shall be prosecuted in any court of the United States in a which cases having jurisdiction of crimes within the district in which such violation

be prosecuted.

was committed, or through which the transportation 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 committed therein.

20

rates or

crimination,

both.

carrier

shall,

In

amount of money and value of con

action.

In construing and enforcing the provisions of this section, the act, Act of officer or

agent to be also omission, or failure of any officer, agent, or other person acting for or

deemed act of employed by any common carrier, or shipper, acting within the scope carrier. of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well as that of the person. Whenever any carrier files with the Interstate Commerce Commission or publishes à particular rate under the provisions of the Act participated in by

Rates iled or to regulate commerce or Acts amendatory thereof, or participates in any rates so filed or published, that rate as against such carrier, its officers against such car;

deemed or agents, in any prosecution begun under this Act shall be conclusively legal rate. 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.

Any person, corporation, or company who sball deliver property for interstate transportation to any common carrier, subject to the provisions of this Act, or for whom, as consignor or consignee, any such carrier sball transport property from one State, Territory, or the Distriet of Columbia to any other State, Territory, or the District of Columbia, or foreign country, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset

Forfeiture,

addition to other against the regular charges for transportation of such property, as fixed prescribed penal. by the sehedules of rates provided for in this Act, shall in addition to ty, of three times any penalty provided by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and sideration illegally three times the value of any other consideration so received or accepted, paid to the United to be ascertained by the trial court; and the Attorney-General of the States. United States is authorized and directed, whenever he has reasonable to collect such

Attorney-General grounds to believe that any such person, corporation, or company has forfeiture by civil knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as afore. said, to institute in any court of the United States of competent jurisdietion a civil action to collect the said sum or sums so forfeited as Period covered aforesaid; and in the trial of said action all such rebates or other con

six years siderations so received or accepted for a period of six years prior to mencemento

mencement of acthe eommencement 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 received or accepted, or both, as the case may be.

Sec. 2. That in any proceeding for the enforcement of the provisions Persons of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be before begun originally in any circuit court of the United States, it shall be

Commerce Com. lawful to include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or practice under con

made parties and

shall be subject to sideration, and inquiries, investigations, orders, and decrees may be orders or decrees. made with reference to and agairst such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers. SEC. 3. That whenever the Interstate Commerce Commission shall

Proceedings to have rec sonable ground for belief that any common carrier is engaged departures from in the carriage of passengers or freight traffic between given points at published rates or less than the published rates on file, or is committing any discrimina: prohibited by law tions forbidden by law, a petition may be presented alleging such facts against to the circuit court of the United States sitting in equity having juris. interested in traf.

to

be

com

tion.

interested in matters involved in cases

Interstate

mission or circuit court may be

and parties diction; and when the act complained of is alleged to have been committed or as being committed in part in more than one judicial district or State, it may be dealt with, inquired 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 manner as the court shall direct and without the formal

enjoin or restrain

C&T

fic.

« ПредишнаНапред »