Sec. 3 Injunction against depar tures from pub lished or any discrimina tion prohibited by law. tween given points at less than the published rates on file, or is committing any discriminations forbidden by law, a petition may be presented alleging such facts to the circuit court 1 of the United States sitting in equity having jurisdiction; 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 pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States whenever the Attorney General shall direct, either of his own motion. or upon the request of the Interstate Commerce Commission, to institute and prosecute such proceedings, and the Recovery of dam- proceedings provided for by this Act shall not preclude ed by proceedings the bringing of suit for the recovery of damages by any party injured, or any other action provided by said Act approved February fourth, eighteen hundred and eighty-seven, entitled "An Act to regulate commerce and the Acts amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the Court may com- said courts shall have the power to compel the attendance and testimony of of witnesses, both upon the part of the carrier and the shipper, who shall be required to answer on all subjects relating directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the carrier and shipper, which relate directly or indirectly to such transaction; the claim that such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such person from ages not preclud hereunder. pel attendance witnesses and production of books and papers. 'See footnote 1, p. 129. Sec. 1 Immunity. testifying or such corporation producing its books and papers, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence documentary or otherwise in such proceeding: Provided, That the provisions of an Act entitled "An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' 'An Act to regulate commerce,' approved February fourth, eighteen applicable to hundred and eighty-seven, or any other Acts having a under direction like purpose that may be hereafter enacted, approved eral in name of February eleventh, nineteen hundred and three," shall Commission. apply to any case prosecuted under the direction of the Attorney General in the name of the Interstate Commerce Commission. Expediting Act cases prosecuted of Attorney Gen repealed. SEC. 4. That all Acts and parts of Acts in conflict with Conflicting laws the provisions of this Act are hereby repealed, but such repeal shall not affect causes now pending nor rights which have already accrued, but such causes shall be prosecuted to a conclusion and such rights enforced in a manner heretofore provided by law and as modified by the provisions of this Act. SEC. 5.2 That this Act shall take effect from its passage. Act effective from EXPEDITING ACT [AS AMENDED] passage. Be it enacted by the Senate and House of Representa- Feb. 11, 1903. tives of the United States of America in Congress assem- 32 Stat. L. 823. bled, SEC. 1. [As amended June 25, 1910.] [U. S. Code, 36 Stat. L. 854. title 49, sec. 44, and title 15, sec. 28.] That in any suit in equity pending or hereafter brought in any circuit 1 court of the United States under the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is com 2 Sections 4 and 5 are not in the United States Code. '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. Secs. 1-2 Attorney General may ale certi cate for expedi tion. Hearing before three judges. plainant, the Attorney General may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit1 in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said court, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select; or, in case the full court shall not at any time be made up by reason of the necessary absence or disqualification of one or more of the said circuit judges. the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may designate a district judge or judges within the circuit who shall be competent to sit in said court at the hearing of said suit. In the event the judges sitting in such case shall be equally divided in opinion as to the decision or disposition of said cause, or in the event that a majority of said judges shall be unable to agree upon the judgment, order, or decree finally disposing of said case in said court which should be entered in said cause, then they Chief Justice to shall immediately certify that fact to the Chief Justice in case of equal of the United States, who shall at once designate and appoint some circuit judge to sit with said judges and to assist in determining said cause. Such order of the Chief Justice shall be immediately transmitted to the clerk of the circuit court in which said cause is pending, and shall be entered upon the minutes of said court. Thereupon said cause shall at once be set down for reargument and the parties thereto notified in writing by the clerk of said court of the action of the court and the date fixed for the reargument thereof. The provisions of this section shall apply to all causes and proceedings in all courts now pending, or which may hereafter be brought. designate judge division. Reargument. Appeal to Supreme Court. SEC. 2. [U. S. Code, title 49, sec. 45, and title 15, sec. 29.] That in every suit in equity pending or hereafter brought in any circuit1 court of the United States under any of said Acts, wherein the United States is complain 1 'By Judicial Code, sec. 291, the power and duty imposed upor 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. ant, including cases submitted but not yet decided, an 1 COMPULSORY TESTIMONY ACT Feb. 11, 1893. No person to be tifying by fear of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem-excused from tesbled, [U. S. Code, title 49, sec. 46.]1a That no person shall incrimination. be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in 27 Stat. L. 448. obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the Act of Congress, entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected Immunity. to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be Perjury may be exempt from prosecution and punishment for perjury committed in so testifying.2 1 See footnote 1, p. 132. 1a Powers of Commission under Motor Carrier Act, 1935, sec. 205 (e), ante. punished. 2 The legislative, executive, and judicial appropriation act for 32 Stat. L. 904, the fiscal year 1904, approved Feb. 25, 1903, in making appropriations to be expended under the direction of the Attorney General for the enforcement in the courts of the interstate commerce and antitrust laws, among others, provided: "No person shall be prose Penalty. June 30, 1906. 34 Stat. L. 798. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and docu ments, if in his power to do so, in obedience to the subpœna or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment. IMMUNITY OF WITNESSES ACT 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemtled, [U. S. Code, title 49, sec. 48.] That under the immunity provisions in the Act entitled "An Act in relation to testimony before the Interstate Commerce Immunity limited Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, in section six of the pœna and under Act entitled "An Act to establish the Department of to natural persons who give testimony under sub oath. Commerce and Labor," approved February fourteenth, nineteen hundred and three, and in the Act entitled "An Act to further regulate commerce with foreign nations. and among the States," approved February nineteenth, nineteen hundred and three, and in the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes," approved February twentyfifth, nineteen hundred and three, immunity shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. cuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said Acts: Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying." [U. S. Code, title 49, sec. 47.] 1 Powers of Commission and immunities, etc., of witnesses, under Motor Carrier Act, 1935, sec. 205 (e), ante. |
