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willingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this Act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this Act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this Act for which no penalty is otherwise provided, or who shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed five thousand dollars for each offense: Provided, That if the offense for which
any person shall be convicted as aforesaid shall be 25 Stat. L., 855. an unlawful discrimination in rates, fares, or charges for the transportation of passengers or property or the transmission of intelligence, such person shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court.
(2) Any common carrier subject to the provisions of Penalties this Act, or, whenever such common carrier is a corpora- bors, or agents. tion, any officer or agent thereof, or any person acting for or employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, 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.
(3) Any person, corporation, or company, or any agent Penalties or officer thereof, who shall deliver property for transpor- byn shippers and tation to any common carrier subject to the provisions of this Act, or for whom, as consignor or consignee, any such carrier shall transport property, who shall know
for false billing, etc.,
for Soc. 10
ingly and willfully, directly or indirectly, himself or by employee, agent, officer, or otherwise, by false billing, false classification, false weighing, false representation of the contents of the package or the substance of the property, false report of weight, false statement, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent, or officer, obtain or attempt to obtain transportation for such property at less than the regular rates then established and in force on the line of transportation; or who shall knowingly and willfully, directly or indirectly, himself or by employee, agent, officer, or otherwise, by
false statement or representation as to cost, value, nature 38 Stat. L., 539. or extent of injury, or by the use of any false bill, bill of
lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious, or fraudulent, or to contain any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise in connection with or growing out of the transportation of or agreement to transport such property, whether with or without the consent or connivance of the carrier, whereby the compensation of such carrier for such transportation, either before or after payment, shall in fact be made less than the regular rates then established and in force on the line of transportation, shall be deemed
guilty of fraud, which is hereby declared to be a misde25 Stat. L., 855. meanor, and shall, upon conviction thereof in any court
of the United States of competent jurisdiction within the district in which such offense was wholly or in part committed, be subject for each offense to a fine of not exceed
ing five thousand dollars or imprisonment in the peniten36 Stat. L., 639. tiary for a term of not exceeding two years, or both, in
the discretion of the court: Provided, That the penalty of imprisonment shall not apply to artificial persons.
(4) If any such person, or any officer or agent of any carriers to dis- such corporation or company, shall, by payment of
money or other thing of value, solicitation, or otherwise,
induce or attempt to induce any common carrier subject 25 Stat. L. 855. to the provisions of this Act, 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
Penalties for inducing common criminate unjustly.
Secs. 10, 11, and 12
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 an action Joint and sov.
for to be brought by any consignor or consignee discrimi- damages. nated against in any court of the United States of competent'jurisdiction for all damages caused by or resulting therefrom.
SEC. 11. That a Commission is hereby created and established to be known as the Interstate Commerce Com- Interstate Commission, which shall be composed of five Commissioners, sioners method who shall be appointed by the President, by and with the terms. advice and consent of the Senate. The Commissioners first appointed under this Act shall continue in office for 24 Stat. L., 379. the term of two, three, four, five, and six years, respectively, from the first day of January, Anno Domini eighteen hundred and eighty-seven, 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 Commissioner whom he shall succeed. Any Commissioner may be removed by the Presi- Removal. dent 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 subject to the provisions of this Act, or owning stock or bonds thereof, or who is in any manner Disqualification
for pecuniarily interested therein, shall enter upon the duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No Vacancy nọt to vacancy in the Commission shall impair the right of the power. remaining Commissioners to exercise all the powers of the Commission. (See section 24, enlarging Commission and increasing salaries.]
SEO. 12. (As amended March 2, 1889, February 10, 41 Stat. L., 484. 1891, and February 28, 1920.] (1) That the Commission keep informed as hereby created shall have authority to inquire into the riors. management of the business of all common carriers subject to the provisions of this Act, and shall keep itself 2 stat. L., 370.
See sections 17, 18, 19, 20 (10), 21, and 24, post.
to business of car
execute and en
Commission to informed as to the manner and method in which the same force provisions of 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 Com
mission is hereby authorized and required to execute and 25 Stat. L., 856. enforce the provisions of this Act; and, upon the request neys to prosecute. of the Commission, it shall be the duty of any district
attorney of 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 Act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation
for the expenses of the courts of the United States; and Stat. Isin for the purposes of this Act the Commission shall have mony and docu- power to require, by subpæna, the attendance and testi
mony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation.
(2) Such attendance of witnesses, and the production of and such documentary evidence, may be required from any testify.
place in the United States, at any designated place of
hearing. And in case of disobedience to a subpæna the 26 Stat. L., 743. 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 24 Stat. L., 379. of witnesses and the production of books, papers, and
documents under the provisions of this section.
(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 subpena issued to any common carrier subject to the provisions of this Act, 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 quesClaim as to self; tion; and any failure to obey such order of the court may excuse wit- be punished by such court as a contempt thereof. The
claim that any such testimony or evidence may tend to
criminate the person giving such evidence shall not excuse Polvileged tes- such witness from testifying; but such evidence or testi
mony shall not be used against such person on the trial of any criminal proceeding.
Courts to compel witnesses to attend
25 Stat. L., 855.
(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 38 Atat. L., 748. time after a cause or proceeding is at issue on petition and answer. 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 taken. 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. Any person may be compelled to appear and depose, and pelled to appear
and testify. to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.
(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 taking the deposition, or under his direction, and shall, after it Subscription to has been reduced to writing, be subscribed by the deponent.
(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 in writing to be filed with the Commission. All deposi- filed with comtions must be promptly filed with the Commission.
(7) Witnesses whose depositions are taken pursuant to antico mistresses, this Act, 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.
Sec. 13." [As amended June 18, 1910, and February 28, 1920.) (1) That any person, firm, corporation, company, Commission, how or association, or any mercantile, agricultural, or manu-made. facturing society or other organization, or any body
Oath or affirmation.
Witness in foreign country.
and by whom
1 See Transportation Act, section 206 (c), (d), (e), and (f), post, pages 119, 120.