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commonly known as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States.
[Provision from the Shipping Board Act, September 7, 1916.)
SEC. 33. That this Act shall not be construed to affect 39 Stat..., 738, the power or jurisdiction of the Interstate Commerce Commission unCommission, nor to confer upon the board concurrent ping Board Act. power or jurisdiction over any matter within the power or jurisdiction of such Commission; nor shall this Act be construed to apply to intrastate commerce.
[Provision in the Deficiencies Appropriations Act of 38 Stat. L., 11:0. March 4, 1915.) A complete statement showing the
compensation of employments under this and all other appropriations ployees.
Commission'semheretofore made for the valuation of carriers shall be made to Congress at its next regular session, and under similar appropriations for subsequent fiscal years at each succeeding regular session thereof. Said statements shall show, under each division or title of organization, the names of all persons employed under the Interstate Commerce Commission, alphabetically arranged, the State from which each is appointed, rate of compensation paid to each, together with a full itemized statement showing how the moneys appropriated * * * have been expended under said Commission.
[Provision in the Urgent Deficiency Appropriations Act 41 Stat, L., 590 of May 8, 1920.) The Interstate Commerce Commission, due from carriers in certifying to the Secretary of the Treasury the amount with excess credpayable to any carrier under paragraphs (f) and (g) of to. section 204 of the Transportation Act, 1920, also shall certify to the Secretary of the Treasury such sums, if any, as may be due from such carrier to the Preside (as operator of transportation systems under Federal control) on account of traffic balances or other indebtedness.
its payable there
Public uses of, authorized
Deduction to be The amount so certified to be due the President, upon made.
his request, shall be deducted by the Secretary of the Treasury from the amount so certified to be due such carrier and thereupon shall be transferred from the appropriation made in paragraph (g) of the said section 204 and credited by him to the appropriation made in section 202 of the Transportation Act, 1920. Such deductions shall be considered as a payment pro tanto of such indebt
edness to the Government. 41 Stat. L., 1061. [Provision in Joint Resolution of June 5, 1920.) That
the Secretary of the Navy is hereby authorized, under
terms and conditions and at rates prescribed by him, Rates subject to Commission's which rates shall be just and reasonable, and which,
upon complaint, shall be subject to review and revision by the Interstate Commerce Commission, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy
Department—(a) for the reception and transmission of Press messages. press messages offered by any newspaper published in
the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United
States, and (b) for the reception and transmission of com- private commercial messages: Provided, That the rates
fixed for the reception and transmission of commercial
messages, other than press messages, shall not be less than by private
than the rates charged by privately owned and operated
stations for like messages and service: Provided further, Terminations That the right to use such stations for any tions capable of named in this section shall terminate and cease as be
tween any countries or localities or between any locality and privately operated ships, whenever privately owned and operated stations are capable of meeting the normal communication requirements between such countries or localities or between any locality and privately operated ships, and the Secreta y of Commerce shall have notified
the Secretary of the Navy thereof, and all rights conFinal termina-ferred by this section shall terminate and cease in any
Private mercial messages.
Prices not less
of the purposes
event two years from the date this resolution takes effect.
tion in two years.
to car trusts, etc.
[Provision in the Sundry Civil Appropriation Act of 41 Stat. L., 947. June 5, 1920.] The loans for equipment authorized by ment authorized section 210, Transportation Act, 1920, may be made to or through such organization, car trust or other agency as may be determined upon or approved or organized Approved by for the purpose by the Commission as most appropriate in the public interest for the construction, and sale or lease of equipment to carriers, upon such general terms as to security and payment or lease as provided in this Payment. section or in subsections 11 and 13 of section 422 of the Transportation Act, 1920.
ELKINS ACT (AS AMENDED).
AN ACT To further regulate commerce with foreign nations and among
the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. [As amended June 29, 1906.] That any thing 32 Stat. L., 847. done or omitted to be done by a corporation common ble as well as oli
liacarrier, subject to the Act to regulate commerce and the cer or agent. Acts amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver, 34 Stat. L., 584. trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said Acts or under this Act, shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penal- Penalty. ties as are prescribed in said Acts or by this Act with reference to such persons, except as such penalties are herein changed. The willful failure upon the part of any willful failure carrier subject to said Acts to file and publish the tariffs observe tarit's a or rates and charges as required by said Acts, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dollars nor more than twenty Penalty. thousand dollars for each offense; and it shall be unlawful for any person, persons, or corporation to offer, grant,
Unlawful, to of- or give, or to solicit, accept, or receive any rebate, consolicit, accept, or cession, or discrimination in respect to the transportabate, concession tion of any property in interstate or foreign commerce by or discrimination.
any common carrier subject to said Act to regulate commerce and the Acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed
guilty of a misdemeanor, and on conviction thereof shall Penalty. be punished by a fine of not less than one thousand dol
lars nor more than twenty thousand dollars: Provided, That any person, or any officer or director of any corporation subject to the provisions of this Act, or the Act to regulate commerce and the Acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary
for a term of not exceeding two years, or both such fine Prosecutions and imprisonment, in the discretion of the court. Every district through violation of this section shall be prosecuted in any court tation conducted of the United States having jurisdiction of crimes within
the district in which such violation was committed, or through which the transportation may have been conducted; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been
actually and wholly committed therein. Principals lis; In construing and enforcing the provisions of this ble agents section, the act, omission, or failure of any officer, agent,
or other person acting for or employed by any common carrier, or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well
as that of the person. Whenever any carrier files with Rates Aled of the Interstate Commerce Commission or publishes a parSicarte deemed ticular rate under the provisions of the Act to regulate legal as against
commerce or Acts amendatory thereof, or participates in
Secs. 1 and 2
any rates so filed or published, that rate as against such carrier, its officers or agents, in any prosecution begun under this Act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an offense under this section of this Act.
Any person, corporation, or company who shall deliver Forfelturo may property for interstate transportation to any common against receivera carrier, subject to the provisions of this Act, or for whom as consignor or consignee, any such carrier shall transport property from one State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or foreign.country, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any
other valuable consideration as a rebate or offset against the regular charges for transportation of such property, as fixed by the schedules of rates provided for in this Act, shall in addition to any penalty provided by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and the Attorney General of the United Attorney Gen. States is authorized and directed, whenever he has rea- suitsuto collect sonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as aforesaid, to institute in any court of the United States of competent jurisdiction a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the ta period of lit commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such Penalty, treble consideration, so received or accepted, or both, as the case may
be. Sec. 2. That in any proceeding for the enforcement of the provisions of the statutes relating to interstate com- before Commis merce, whether such proceedings be instituted before the be made parties Interstate Commerce Commission or be begun originally
amount or value.
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