Информация за книгата
U.J.
15 IS 7 906
DEC 8 194 Si
lwand
CONTENTS.
Page.
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2
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5
6
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Sec. 1.-Application of act defined
“Railroad” and "transportation" de-
fined Reasonable charges prescribed Free transportation of passengers prohib-
ited Carrier not to transport commodity of its
own production Switch connections to be furnished Cars to be furnished ...... Commission may order switch connec-
tions Sec. 2.-Unjust discrimination unlawful... Sec. 3.—Undue preference unlawful
Carriers to interchange traffic
SEC. 4.–Long and short haul regulated.
Sec. 5.-Pooling prohibited
Sec. 6.—Tariff, including joint tariff, to be filed and
kept open...
Several tariffs applying in lieu of joint
tariff to be filed and kept open...
Tariff to show details of charges
Tariff to be printed and posted...
Tariff on transportation through United
States, foreign country and into United
States, to be printed and posted .......
Thirty days' notice before change of pub-
lished tariff ....
Commission may waive notice..
Joint tariff to show names of participants..
Joint tariffs, concurrence therein to be
filed .....
Copies of carriers' contracts and arrange-
ments to be filed
Commission to prescribe form of schedule.
Transportation prohibited until rates pub-
lished
Deviation from published rate unlawful..
Refunding portion of rate or extending
facilities unlawful ...
“Carrier” means “common carrier"
Preference to United States in time of
9
SEC. 9.-Compulsory process in suit...
15
Sec. 10.-Misdemeanor to violate terms of act
16
Misdemeanor false billing, etc., by car-
rier or shipper
Misdemeanor, solicting rebates by ship-
per...
17
Carrier and shipper liable to party dis-
criminated against.....
18
Sec. 11.-Commission, appointed, qualifications,
terms...
SEC. 12.-Commission to investigate..
19
Commission to enforce act.
Commission to be assisted by Attorney-
General.....
Costs paid out of court appropriations. 19
Compulsory process...
Court to aid in process
20
Immunity to witness.
Depositions, procedure..
Sec. 13.-Complaints by individual, society, etc... 21
Procedure of investigation....
21
Commission may investigate on its own
motion ....
22
Complaint not defective for lack of direct
damage ..
Sec. 14.-Commission to report conclusions, order,
and findings of fact ....
Report recorded and furnished parties... 23
Reports published, competent evidence.. 23
Annual reports of Commission published. 23
Sec. 15.-Commission to prescribe maximum rate
and reasonable practice .....
24
Order to cease and desist from rate or
practice..
Time and period of taking effect.
Commission may proportion joint rate... 24
Commission may establish through routes
and joint rates....
25
Shipper rendering service paid only rea-
sonable compensation ...
Enumeration of powers not exclusive... 25
Sec. 16.—Commission may award damages... 25
Complainant may collect damages by
civil suit.....
26
Findings and order of Commission prima
facie evidence.
27
Costs and attorney's fee allowed peti- tioner...
27, 28
III
IV
two years.
301
35
Sec. 16.—Damage complaints to Commission within Sec. 20.-Time and system of accounts to be uni-
28
form....
38
Petition to court for enforcement of dam-
Reports to be annual, unless extended by
age order within one year...
Commission and under oath
38, 39
Claims accrued prior to act within one
Forfeiture for failure to report.
39
year.
Monthly reports may be required... 39
Joinder of all interested parties...
Forfeitures recovered as are others under
Service in district of operating office.... 28
act
Recovery against and in favor of proper
Oath to report administered by.
parties....
Forms of accounts prescribed.
Order of Commission served by mail... 29
Access to carriers' accounts..
Order of Commission suspended or modi-
Unlawful to keep other than prescribed
fied....
29
accounts
Order of Commission to be observed by
Agents and examiners who have au-
carrier...
thority to inspect records ...
$5,000 forfeit for violation of order under
Receivers and trustees of carriers subject
section 15
to regulation of accounts
Recovery of forfeiture by United States,
Forfeiture for failure to keep and exhibit
costs....
40
Special counsel employed by Commis-
Misdemeanor to make false entry, muti-
sion
Jate, failure to make entries
Order, other than for payment of money,
Examiner divulging information pun-
enforced by court, procedure......
ished
Appeal, venue, expedition, and priority
Mandamus to compel obedience to
of suit
33, 34
acts...
Injunction only on hearing, with five
Special agents and examiners to administer
days' notice to Commission....
34
oaths ...
41
Appeal from interlocutory decree within
Receiving carrier liable for damage to
thirty days to Supreme Court.....
shipment .....
Prima facie evidence....
Existing remedies remain to holder of bill
Sec. 16a.—Rehearing by Commission on applica- |
of lading
tion .....
Receiving carrier has recourse upon car-
SEC. 17.—Procedure to conduce to justice....
36
rier responsible for loss...
Majority to constitute quorum..
36 SEC. 21.-Annual report and recommendations to
Commissioner not to participate when
Congress by Commission ..
pecuniarily interested...
36 Sec. 22.—Transportation of property and persons
Proceedings public on request of either
free or at reduced rates in certain
party
42
Official seal of Commission..
Common law or statutory remedies not
Commissioner may administer oath or
abridged by act.....
sign subpoena
Interchangeable mileage tickets may be
SEC. 18.-Salary of Commissioners, secretary, and
issued
other employees....
36 SEC. 23.—Mandamus compelling movement of
Offices and supplies of Commission
37
freight and furnishing of facilities..... 43
Fees and mileage of witnesses
37 SEC. 24 (added June 29, 1906).—Commission en-
Vouchers approved by chairman
larged, compensation, qualifications,
Sec. 19.—Principal office and general sessions in
appointment, terms..
44
Washington, special sessions may be Sec. 9 (new).-Compulsory process acts made ap-
held elsewhere in United States
plicable .....
One or more Commissioners may investi- Sec. 10 (new).-Conflicting acts repealed, saving
gate anywhere in United States.... 37
clause....
Sec. 20.-Annual reports from carriers prescribed SEC. 11 (new).- Act in force from passage
45
by Commission to contain information J. Res. - Suspended for sixty days.
as to-
Organization, securities, finances,
ELKINS ACT.
property, etc .....
37 Sec. 1.-Corporation liable ..
Salaries and employees.
Failure to publish and observe rates a
Accidents..
misdemeanor..
Improvements
Soliciting or accepting rebates a misde-
Balance sheet, etc.
46
Regulations on rates and fares...... 38
Fine or imprisonment or both
cases
meanor
Page
47
49
SEC, 1.--Jurisdiction of crimes....
47 SEC. 3.-Commission or Attorney-General may seek
Act of agent deemed act of carrier ..
to enjoin discriminations and departures
Rates filed or participated in deemed legal
from rates....
rate....
Such action not to interfere with suit for
Forfeiture of three times illegal considera-
damages .. tion for six years back, Attorney-Gen-
Compulsory process to enforce act-immu-
eral to collect...
48
nity.....
SEC. 2.-Parties joined and subject to orders or de-
Suits expedited.
crees
Conflicting laws repealed.
50
IMMUNITY LAW OF FEBRUARY 11, 1893...
Law DEFINING IMMUNITY, JUNE 30, 1906.
Law EXPEDITING SUITS, FEBRUARY 11, 1903.
Law REQUIRING REPORTS OF ACCIDENTS, MARCH 3, 1901..
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