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Secs. 10-11

Penalties for in

ducing common carriers to dis

(4) If any such person, or any officer or agent of any such corporation or company, shall, by payment of money criminate un or other thing of value, solicitation, or otherwise, induce justly. or attempt to induce any common carrier subject to the provisions of this part, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in Joint and several an action to be brought by any consignor or consignee ages. discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom.

INTERSTATE COMMERCE COMMISSION; APPOINTMENT, TERM,
AND QUALIFICATION OF COMMISSIONERS

liability for dam

merce Commis

of appointment,

SEC. 11.1 [As amended July 16, 1935, and August 9, 1935.] [U. S. Code, title 49, sec. 11.] That a Commission is hereby created and established to be known as the Interstate ComInterstate Commerce Commission, which shall be com- sioners-method posed of five Commissioners, who shall be appointed by terms. the President, by and with the advice and consent of the Senate. The Commissioners first appointed under this 24 Stat. L. 883. part shall continue in office for the term of two, three, 19 Stat. L. 543. four, five, and six years, respectively, from the first day of January, Anno Domini eighteen hundred and eightyseven, the term of each to be designated by the President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the

1 See sec. 24, enlarging the Commission, etc.

Pecuniary interest of Commissioners and examiners in systems of transportation prohibited, Motor Carrier Act, 1935, sec. 205 (j), post.

49 Stat. L. 481.

Secs. 11-12
Removal

for interest.

Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the Commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier subDisqualification ject to the provisions of this part, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said Commissioners shall not engage in any other Vacancy not to business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission. 49 Stat. L. 481. Upon the expiration of his term of office a Commissioner shall continue to serve until his successor is appointed and shall have qualified.

impair exercise

of power.

Commissioner to

serve until suc

cessor qualified.

26 Stat. L. 743.

41 Stat. L. 484.

49 Stat. L. 543.

Commission to

to business of carriers.

AUTHORITY AND DUTIES OF COMMISSION; WITNESSES;

DEPOSITIONS

SEC. 12. [As amended March 2, 1889, February 10, 1891, February 28, 1920, and August 9, 1935.] [U. S. Code, keep informed as title 49, sec. 12.] (1) That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this part, and shall keep itself informed as to 24 Stat. L. 383. the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this part; and, upon the request of the Commission, it shall be the duty of any district attorney of District attorneys the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this part and for the punishment of all violations thereof, and the costs and expenses of

Commission to execute and enforce provisions.

25 Stat. L. 858.

to prosecute.

'Duty of Commission under Motor Carrier Act, 1935, to administer and execute part II, sec. 204 (a) (6), and to inquire into business, conduct, etc., sec. 204 (a) (7), post.

Power to require presence and testimony of witnesses, papers, etc., under part II, sec. 205 (e), post,

Sec. 12

such prosecution shall be paid out of the appropriation

and documentary

for the expenses of the courts of the United States; and Commission may for the purposes of this part the Commission shall have require testimony power to require, by subpoena, the attendance and testi- evidence. mony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation.

witnesses to at

(2) Such attendance of witnesses, and the production Courts to compel of such documentary evidence, may be required from any tend and testify. place in the United States, at any designated place of bearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

8

(3) And any of the circuit courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpœna issued to any common carrier subject to the provisions of this part, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to crimination will criminate the person giving such evidence shall not excuse ness such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of mony. any criminal proceeding.*

Claim as to self

not excuse wit

Privileged testi

(4) The testimony of any witness may be taken, at the Depositions, instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition.

'Production of witnesses, papers, etc., under part II, sec. 205 (e),

post.

3 By Judicial Code, sec. 291, the power and duty imposed upon circuit courts shall be held to refer to and confer such power upon the district courts; and by sec. 289, the circuit courts were abolished.

See Compulsory Testimony Act, Feb. 11, 1893 (27 Stat. L. 443) (U. S. Code, title 49, sec. 46), post.

Production of testimony under part II, sec. 205 (e), post.

'Taking depositions authorized under part II of Act, sec. 205 (e), post.

Secs. 12-13

Before whom taken.

and auswer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition pelled to appear Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witness may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

Nctice.

Witnesses com

and testify.

Oath or affirmation.

(5) Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate Subscription to taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.

deposition.

Witness in foreign country.

(6) If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation Depositions filed in writing to be filed with the Commission. All depositions must be promptly filed with the Commission.

with Commis

sion.

Fees, witnesses and magistrates.

Complaints to

Commission, how and by whom made.

(7) Witnesses whose depositions are taken pursuant to this part, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

COMPLAINTS TO AND INVESTIGATIONS BY COMMISSION

SEC. 13. [As amended June 18, 1910, February 28, 1920, and August 9, 1935.] [U. S. Code, title 49, sec. 13.]

See footnote 3 to sec. 12 (3), ante.

Sec. 13

24 Stat. L. 383.

(1) That any person, firm, corporation, company, or
association, or any mercantile, agricultural, or manufac-
turing society or other organization, or any body politic
or municipal organization, or any common carrier, com-
plaining of anything done or omitted to be done by any
common carrier subject to the provisions of this part, in
contravention of the provisions thereof, may apply to
said Commission by petition, which shall briefly state the
facts; whereupon a statement of the complaint thus made
shall be forwarded by the Commission to such common Service.
carrier, who shall be called upon to satisfy the complaint,

36 Stat. L. 550.

41 Stat. L. 484.

49 Stat. L. 543.

or to answer the same in writing, within a reasonable Answer required. time, to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been done, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said com- Investigation plaint, it shall be the duty of the Commission to investi- not satisfied, or gate the matters complained of in such manner and by such means as it shall deem proper.

when complaint

grounds appear.

Complaints by

commission.

Commission's own

(2) Said Commission shall, in like manner and with State railroad the same authority and powers, investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory at the request of such commissioner or commission, and the Interstate Commerce Commission shall have full authority and power Investigations on at any time to institute an inquiry, on its own motion, in motion. any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before said Commission by any provision of this part, or concerning which any question may arise under any of the provisions of this part, or relating to the enforcement of any of the provisions of this part. And the said Commission shall have the same powers and authority to proceed with order as upon any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this part, including the power to make and enforce any order or orders in the case, or relating

1

Complaints against motor carriers or brokers, sec. 204 (d), sec. 216 (e); statement of grounds, sec. 218 (b), post.

Procedure and

complaint.

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See footnote to par. (1), this section, ante.

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