Sec. 20a holder of void assumed the obligation or liability so made void, and its directors, officers, attorneys, and other agents, who participated in any way in the authorizing, issuing, hypothecating, or selling of the security so made void or in the authorizing of the assumption of the obligation or liability so made void. In case any security so made void was directly acquired from the carrier issuing it the holder Rescission by may at his option rescind the transaction and upon the security. surrender of the security recover the consideration given therefor. Any director, officer, attorney or agent of the carrier who knowingly assents to or concurs in any issue of securities or assumptions of obligation or liability forbidden by this section, or any sale or other disposition of securities contrary to the provisions of the Commission's order or orders in the premises, or any application not authorized by the Commission of the funds derived by the carrier through such sale or other disposition of such securities, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than three years, or by Penalty. both such fine and imprisonment, in the discretion of the court. as officer or direc one carrier pro Commission's to officer or direc tor prohibited in disposition of se curities. (12) After December 31, 1921, it shall be unlawful Holding position for any person to hold the position of officer or director tor of more than of more than one carrier, unless such holding shall have hibited, except on been authorized by order of the Commission, upon due authorization. showing in form and manner prescribed by the Commission, that neither public nor private interests will be adversely affected thereby. After this section takes effect it Personal benefit shall be unlawful for any officer or director of any carrier to receive for his own benefit, directly or indirectly, any money or thing of value in respect of the negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, or to participate in the making or paying dends from capiof any dividends of an operating carrier from any funds account proproperly included in capital account. Any violation of these provisions shall be a misdemeanor, and on conviction in any United States court having jurisdiction shall be punished by a fine of not less than $1,000 nor more Payment of divi tal hibited. Penalty. 20049-35 Secs. 21-22 Anual reports of Congress. 24 Stat. L. 387. than $10,000, or by imprisonment for not less than one year nor more than three years, or by both such fine and imprisonment, in the discretion of the court. ANNUAL REPORT OF COMMISSION Commission to SEC. 21.1 [As amended March 2, 1889 and May 23 1935.] [U. S. Code, title 49, sec. 21.] That the Commis49 Stat. L. 287. sion shall, on or before the 3d day of January in each year, 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. 25 Stat. L. 862. 24 Stat. L. 387. RESTRICTIONS; INTERCHANGEABLE MILEAGE OR SCRIP SEC. 22.1 [As amended March 2, 1889, February 8, 25 Stat. L. 862. 1895, August 18, 1922, February 26, 1927, March 4, 1927, 42 Stat. L. 827. 48 Stat. L. 1264. 49 Stat. L. 543. 'Recommendations to Congress as to additional legislation, relating to motor carriers and brokers, sec. 204 (a) (7), § 225, post. 2 By the act of Oct. 2, 1888, 25 Stat. L. 530 (U. S. Code, title 49, sec. 56), the Commission was required to include in its annual report a detailed statement of expenditures, including the number of persons employed and the amount of compensation to each, and by the act of Mar. 4, 1915, 38 Stat. L. 1140 (U. S. Code, title 49, sec. 54), the Commission was required to submit to Congress at each regular session a complete statement of employments and a full itemized statement of expenditures under the appropriations made for the valuation work. These statements were discontinued, and the provisions of law repealed, by the act of May 29, 1928, 45 Stat. L. 986. Section 2 of that act reads: "Every executive department and independent establishment of the Government shall, upon request of the Committee on Expenditures in the Executive Departments of the House of Representatives, or of any seven members thereof, or upon request of the Committee on Expenditures in the Executive Departments of the Senate, or any five members thereof, furnish any information requested of it relating to any matter within the jurisdiction of said committee." The final sentence in the section above was repeated in the amendatory act of May 23, 1935, as cited above, when the date for filing of the annual report was changed from the first day of December to the 3d day of January in each year. The provisions of this paragraph shall apply to common carriers by motor vehicles subject to part II of this Act (Motor Carrier Act, 1935), sec. 217 (b), post. The act of June 19, 1934 (48 Stat. L. 1056) [U. S. Code, title 49, sec. 59] provides: "If, during the present drought emergency, Sec. 22 tal or charitable Mileage, excur. tation passenger June 27, 1934, and August 9, 1935.] [U. S. Code, Tree or at reduced title 19, sec. 22.] (1) That nothing in this part shall rates 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 for governmenthereat, or the free carriage of destitute and homeless purposes. persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion, or commutation passenger sion, or commutickets; nothing in this part shall be construed to pro- ticket hibit 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 returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this part shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or compa- ployees of railnies from exchanging passes or tickets with other railroad road companies. companies for their officers and employees; and nothing in this part contained shall in any way abridge or alter the remedies now existing at common law or by statute, Officers and em common-law Blind person and guide at one fare. but the provisions of this part are in addition to such Cumulative to remedies; nothing in this part shall be construed to pro- remedies. hibit any common carrier from carrying any totally blind person accompanied by a guide at the usual and 44 Stat. L. 1247. ordinary fare charged to one person, under such reasonable regulations as may have been established by the carrier: Provided, That no pending litigation shall in any way be affected by this part: Provided further, That nothing in this part shall prevent the issuance of joint interchangeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be Joint intercarried under mileage tickets of one thousand or more thousand-mile changeable fivetickets. Free baggage. a carrier subject to the Interstate Commerce Act shall, at the 28 Stat. L. 643. request of any agent of the United States, authorized so to do, establish special rates for the benefit of drought sufferers such a carrier shall not be deemed to have violated the Interstate Commerce Act with reference to undue preference or unjust discrimination by reason of the fact that it applies such special rates only to those designated as drought sufferers by the authorized agents of the United States or of any State." Sec. 22 lished, filed, and observed. miles. But before any common carrier, subject to the provisions of this part, 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 Rates to be pub- 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 part; 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 part shall apply to any violation of the requirements of this proviso. Nothing in this 44 Stat. L 1446. part shall prevent any carrier or carriers subject to this part from giving reduced rates for the transportation of Reduced rates in property to or from any section of the country with the tous visitation. object of providing relief in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or disaster, if such reduced rates have first been authorized by order of the Commission (with or without a hearing); but in any such order the order author Commission shall define such section and shall specify the period during which such reduced rates are to remain in effect. Nothing in this part shall prevent any carrier 48 Stat. L. 1264. or carriers subject to this part from giving reduced rates for the transportation of commodities to be specified by the Commission as hereinafter provided, to or from any section of the country, with the object of improving Nation-wide housing standards and providing employment and stimulating industry, if such reduced rates have first Penalties. case of calami izing. Improving housing standards, providing employment, and stimulating industry. Secs. 22-23 been authorized by order of the Commission (with or without a hearing); but in such order the Commission shall specify the commodities as to which this provision-authorization. shall be declared effective and shall specify the period during which such reduced rates are to remain in effect. Interchangeable (2) The Commission is directed to require, after notice mileage tickets. and hearing, each carrier by rail, subject to this part, to issue at such offices as may be prescribed by the Com- 42 Stat. L. 827. mission interchangeable mileage or scrip coupon tickets at just and reasonable rates, good for passenger carriage upon the passenger trains of all carriers by rail subject Exemption. to this part. The Commission may in its discretion exempt from the provisions of this amendatory part either in whole or in part any carrier where the particular circumstances shown to the Commission shall justify such exemption to be made. Such tickets may be required to be issued in such denominations as the Commission may prescribe. Before making any order requiring the issuance of any such tickets the Commission shall make and Rules and regulapublish such reasonable rules and regulations for their issuance and use as in its judgment the public interest demands; and especially it shall prescribe whether such tickets are transferable or nontransferable, and if the latter, what identification may be required; and especially, also to what baggage privileges the lawful holders of such tickets are entitled. tions. ply a misde 42 Stat. L 827. (3) Any carrier which, through the act of any agent Refusal to comor employee, willfully refuses to issue or accept any such meanor. tickets demanded or presented under the lawful requirements of this part, or willfully refuses to conform to the rules and regulations lawfully made and published by the Commission hereunder or any person who shall willfully offer for sale or carriage any such ticket contrary to the said rules and regulations shall be deemed guilty of a penalty. misdemeanor, and upon conviction, shall be fined not to exceed $1,000. MANDAMUS TO OBTAIN EQUAL FACILITIES FOR SHIPPERS Mandamus to SEC. 23. [Added March 2, 1889, as amended August 25 Stat. L. 862. 9, 1935.] [U. S. Code, title 49, sec. 49.] That the cir- 49 Stat. I 543. cuit and district courts of the United States shall have compel movejurisdiction upon the relation of any person or persons, the furnishing of '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. ment of traffic or transportation facilities. |
