Графични страници
PDF файл
ePub

fendant railroads for the sugar brought by Arbuckle Brothers on floats and lighters to the regular railroad freight stations on the Jersey shore, no allowance being paid to complainant on sugar being brought by it on lighters to the same station, was unduly prejudicial to the complainant. Commissioners Prouty and Knapp dissenting said that the disadvantage under which complainant was laboring in regard to its lighterage was owing to its location at Yonkers outside of the lighterage limit.

There is no undue preference however when a carrier makes with one independent company a contract more favorable than with another for a service, which that carrier is bound or undertakes to perform. The act deals only with the obligation of carriers as carriers, and in no way attempts to regulate or interfere with other matters not involving their duty to shippers or passengers as such. The principle has no application to exclusive contracts for station facilities and the like. See § 287, supra.

8 380. The powers of the commission construed.-It was said by the commission prior to the amendment of 1910 (17 I. C. C. R. 369), that this section in their judgment was the determinating and controlling expression of the real object and meaning of the act in its present form; and by the supreme court in the Pitcairn Coal Case, supra, after the amendment of 1906, but before that of 1910 that "the commission is empowered" indeed it has made its duty in disposing of a complaint, not only to determine the legality of the practice alleged to give rise to unjust preference or undue discrimination, and to forbid the same, but moreover to direct the practice to be followed as to such subject for a future period, not exceeding two years, with a power in the commission if it finds reason so to do, to suspend, modify or set aside the same, the order being operative without judicial action.

The powers of the commission have been sustained in lowering the through rates between the Atlantic seaboard and Missouri river though such lowering involved the changing of the basing points theretofore adopted by the carriers (see supra, § 238).

In enforcing an equitable distribution of the supply of coal cars, when there was a shortage of cars available for the business of the shippers. See United States ex rel. v. B. & O. R. Co., 215 U. S. 481, 54 L. Ed. 292 (1910).

In ordering the discontinuance of a discrimination in the grant of a milling in transit privilege, supra, § 234.

In directing a carrier to desist from further charging the freight rate under certain classification, which produced preferences and discriminations. See Cincinnati, H. & D. F. Co. Case, supra, § 275.

In directing a railroad to discontinue undue preferences and advantage to a party under a lease of the wharves of a terminal company at Galveston. Southern Pac. Lam. Co. v. Commission, supra, § 248.

31

!

SECTION 16.

§ 381. Section 16. Enforcement of orders.

382. The amendments of 1906 and 1910.

383. The saving of the right of trial by jury.

384. The time limitations of actions for reparation.

385. Commission must find reasonable rate before ordering repara

tion.

386. Jurisdiction of commission in awarding reparation.

387. The jurisdiction of the commission in awarding general dam

ages.

888. Jurisdiction of federal and state courts in reparation actions. 289. Prima facie effect of commission's orders in reparation.

390. The procedure in actions in court.

391. The judicial review of the commission's orders.

392. The jurisdiction of the circuit courts.

393. The right of appeal under amended act.

294. Jurisdiction of the courts to review the orders of the commission.

895. The commerce court on parties entitled to appeal from commission's orders.

896. The finality of the order of the commission.

§ 381. Section 16. Enforcement of orders.-SEC. 16. (Amended March 2, 1899, June 29, 1906, and June 18, 1910.) That if after

[Award of damages by commission.]

hearing on a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the Commission shall make an order directing the carrier to pay to the complainant the um to which he is entitled on or before a day named.

[Petition to United States court in case carrier does not
comply with order for payment of money.]

If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the circuit court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any state court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in [Findings of fact of commission shall be prima facie evidence in reparation cases.]

the premises. Such suit in the circuit court of the United States shall proceed in all respects like other civil suits for dam

ages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts

[Petitioner not liable for costs in circuit court.]

therein stated, and except that the petitioner shall not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the

[Petitioner's attorney's fees.]

petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the Commission within two years from the time the

[Limitation upon action.]

cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court or state court within one year from the date of the order, and not after.

[Joint plaintiffs may sue joint defendants in courts on
awards of damages.]

In such suits all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs

[Service of process.]

could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs against the defendant found to be liable to such plaintiff.

[Service of order of commission.]

Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law.

[Commission may suspend or modify order.]

The Commission shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper.

[Carriers, their agents and employes, must comply with
such orders.]

It shall be the duty of every common carrier, its agents and employes, to observe and comply with such orders so long as the same shall remain in effect.

Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who

[Punishment by forfeiture for refusal to obey order of

commission under section 15.]

knowingly fails or neglects to obey any order made under the provisions of section fifteen of this Act shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense and in case of a continuing violation each day shall be deemed a separate offense. [Forfeiture payable into treasury and recoverable in

civil suit.]

The forfeiture provided for in this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs.

[Duty of district attorneys to prosecute.]

It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses

[Costs and expenses to be paid out of appropriation for
court expenses.]

of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

[Commission may employ attorneys.]

The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for and represent the Commission in any case pending in the commerce court; and the expenses of such employment shall be paid out of the appropriation for the Commission.

[Petition to commerce court in cases of disobedience to
order of commission other than for payment of money.]

If any carrier fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney-General, may apply to the Commerce Court for the enforcement of such order. If, after hearing, that Court determines that the order was regularly made and duly served, and that the carrier is in disobedi[Commerce court must enforce disobeyed order if regu

larly made and duly served.]

ence of the same, the Court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same.

The copies of schedules and classifications and tariffs of rates,

« ПредишнаНапред »