Sees. 2 and 3

in any circuit court of the United States, it shall be law. ful to include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to Such additional and against such additional parties in the same manner, orders or decrees to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to

parties subject to

lished rates or

tion prohibited

by aw.

carriers.

Injunction SEC. 3. That whenever the Interstate Commerce Comagainst departures from pub- mission shall have reasonable ground for belief that any any discrimina common carrier is engaged in the carriage of passengers or freight traffic between 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 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 Recovery of the proceedings provided for by this Act shall not precluded by pro- clude the bringing of suit for the recovery of damages by ceedings hereunder. 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"

damages not pre

Secs. 3, 4, and 5

compel attend

mony of witnesses

and production of

books and papers.

and the Acts amendatory thereof. And in proceedings Court may under this Act and the Acts to regulate commerce the said ance and testlcourts shall have the power to compel the attendance 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 testifying or such corporation producing its books and papers, but no person shall be prosecuted or subjected to any penalty or Immunity. 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 Expediting Act protect trade and commerce against unlawful restraints cases prosecuted and monopolies,' 'An Act to regulate commerce,' approved of Attorney GenFebruary fourth, eighteen hundred and eighty-seven, or Commission. any other Acts having a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three," shall apply to any case prosecuted under the direction of the Attorney General in the name of the Interstate Commerce Commission.

applicable to

under direction

eral in name of

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.

Act effective

SEC. 5. That this Act shall take effect from its passage. from passage. [See additional provisions in act of June 29, 1906, ante, p. 79.)

excused from tes

incrimination.

COMPULSORY TESTIMONY ACT.

AN ACT In relation to testimony before the Interstate Commerce Commission, and in cases or proceedings under or connected with an Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and amendments thereto. Be it enacted by the Senate and House of RepresentaNo person to be tives of the United States of America in Congress assemtifying by fear of bled, That no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Inter77 Stat L., 443. state Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpœna 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 eightyseven, 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 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 subpœna of Perjury may either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

Immunity.

be punished.

Penalty.

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 documents, 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 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.

AN ACT Defining the right of immunity of witnesses under the Act entitled "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, and an Act entitled "An Act to establish the Department of Commerce and Labor," approved February fourteenth, nineteen hundred and three, and an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and an 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 twenth-fifth, nineteen hundred and three.

Immunity lim

der oath.

Be it enacted by the Senate and House of Representa- 34 Stat. L., 798 tives of the United States of America in Congress assembled, That under the immunity provisions in the Act entitled "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved ited to natural February eleventh, eighteen hundred and ninety-three, timony under persons who give in section six of the Act entitled "An Act to establish the subpoena and unDepartment of 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 twenty-fifth, 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.

DISTRICT COURT JURISDICTION ACT.

[Provisions from the Urgent Deficiency Appropriations Act, October 22, 1913.]

The Commerce Court, created and established by the 38 Stat. L., 219. Act entitled "An Act to create a Commerce Court and to amend the Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eightyseven, as heretofore amended, and for other purposes." Court abolished. approved June eighteenth, nineteen hundred and ten, is

Commerce

transferred to district courts.

cuit judges unaffected.

1

abolished from and after December thirty-first, nineteen Jurisdiction hundred and thirteen, and the jurisdiction vested in said Commerce Court 1 by said Act is transferred to and vested in the several district courts of the United States, and all Acts or parts of Acts in so far as they relate to the estabTenure of cir- lishment of the Commerce Court are repealed. Nothing herein contained shall be deemed to affect the tenure of any of the judges now acting as circuit judges by appointment under the terms of said Act, but such judges shall continue to act under assignment, as in the said Act provided, as judges of the district courts and circuit court of appeals; and in the event of and on the death, resignation, or removal from office of any of such judges, his office is hereby abolished and no successor to him shall be appointed.

Venue of suits

on orders of Inter

Commission.

The venue of any suit hereafter brought to enforce, state Commerce suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the Commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the Commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in

Jurisdiction

vested in Comrerce Court.

36 Stat. L., 539.

1 Section 1 of the "Commerce Court Act" reads as follows:

"SEC. 1. That a court of the United States is hereby created which shall be known as the Commerce Court and shall have the jurisdiction now possessed by circuit courts of the United States and the judges thereof over all cases of the following kinds:

"First. All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money.

"Second. Cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission.

"Third. Such cases as by section three of the Act entitled 'An Act to further regulate commerce with foreign nations and among the States,' approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of tho United States.

"Fourth. All such mandamus proceedings as under the provisions of section twenty or section twenty-three of the Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, as amended, are authorized to be maintained in a circuit court of the United States.

"Nothing contained in this Act shall be construed as enlarging the jurisdiction now possessed by the circuit courts of the United States or the judges thereof, that is hereby transferred to and vested in the Commerce Court.

"The jurisdiction of the Commerce Court over cases of the foregoing classes shall be exclusive; but this Act shall not affect the jurisdiction now possessed by any circuit or district court of the United States over cases or proceedings of a kind not within the above-enumerated classes."