restraints and monopolies," approved July 2, 1890, the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, the Interstate Commerce Act as amended, * or (b) To alter, modify, or repeal such Acts or any part or parts thereof, or (c) To prevent or interfere with any investigation, proceeding, or prosecution begun and pending at the time this Act becomes effective. power of Com fected. SEC. 406. (a) Nothing in this Act shall affect the Jurisdiction and power or jurisdiction of the Interstate Commerce Com- mission unafmission, nor confer upon the Secretary [of Agriculture] concurrent power or jurisdiction over any matter within the power or jurisdiction of such Commission. [Provisions in the Securities Act, May 27, 1933, as amended by Securities Exchange Act of 1934, June 6, 1934, and by Motor Carrier Act, 1935, August 9, 1935.] 881. SEC. 3. [U. S. Code, title 15, sec. 77c.] (a) Except as 48 Stat. L. 76, hereinafter expressly provided, the provisions of this title 49 Stat. L. 557. shall not apply to any of the following classes of securities: * * * (6) Any security issued by a common or contract carrier, the issuance of which is subject to the provisions of section 20a of the Interstate Commerce Act, as amended; * Section 25 (U. S. Code, title 15, sec. 77y) provides: "Nothing 48 Stat. L. 87. in this title shall relieve any person from submitting to the respective supervisory units of the Government of the United States information, reports, or other documents that are now or may hereafter be required by any provision of law." [Provision in the Shipping Board Act, September 7, 1916.] [U. S. Code, title 46, sec. 832.] Jurisdiction of affected by Ship SEC. 33. That this Act shall not be construed to affect 89 Stat. L. 788. 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. 126 LEGISLATION SUPPLEMENTARY TO INTERSTATE COMMERCE ACT LEGISLATION SUPPLEMENTARY TO THE INTERSTATE [U. S. Code, Title 49, Chapter 2, in part] NOTE. The order of arrangement under the above heading follows the sections as they appear in the United States Code and its Supplements. [ELKINS ACT] U. S. Code 41. Liability of corporation carriers and agents; offenses and penalties. (1) Liability of corporation common carriers; offenses; penalties; jurisdiction. (2) Liabilities for acts of agents; departure from pub lished rates. (3) Receiving rebates; additional penalty and recovery thereof. 42. Parties included in proceedings to enforce law. 43. Proceedings in equity to enforce tariffs, etc.; district attorneys; damages; witnesses; precedence. 44. Expedition of suits. [EXPEDITING ACT] 45. Appeals to Supreme Court. [COMPULSORY TESTIMONY ACTS] 46. Self-criminating testimony; perjury; refusal to testify. 51. Proceedings relating to rail and water routes; orders. [SUNDRY CIVIL APPROPRIATIONS ACT, AUG. 1, 1914] 52. Railroads to serve employees in valuation work; compensation. [CINCINNATI SOUTHERN RAILWAY TRUSTEES ACT] 53. Exception to law prohibiting free transportation. [HOCH-SMITH RESOLUTION] 55. Policy in making rate adjustments; investigation of rates authorized. Sec. 1 ELKINS ACT [AS AMENDED] as well as officer Be it enacted by the Senate and House of Representa- Feb. 19, 1903. tives of the United States of America in Congress assembled, SEC. 1. [As amended June 29, 1906.] [U. S. Code, title 49, sec. 41 (1).] That any thing done or omitted to 32 Stat. L. 847. be done by a corporation common carrier, subject to the Corporation liable Act to regulate commerce and the Acts amendatory or agent. thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corpora- 34 Stat. L 587. tion, 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 penalties 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 carrier subject Willful failure to to said Acts to file and publish the tariffs or rates and observe tariffs a 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 thousand Penalty. dollars for each offense; and it shall be unlawful for 1 Penalty. publish rates or misdemeaner. fer, grant, give, receive any re or discrimination. any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, conces- Unlawful to of sion, or discrimination in respect to the transportation solicit, accept, or of any property in interstate or foreign commerce by bate, concession, 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 be punished by a fine of not less than one thousand dol- Penalty. lars nor more than twenty thousand dollars: Provided, 'Similar provision, Motor Carrier Act, 1935, sec. 222 (c), ante. Sec. 1 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 and imprisonment, in the discretion of the court. Every violation of this section shall be prosecuted in any be in any district court of the United States having jurisdiction of crimes transportation is 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. Prosecutions may through which conducted. Principals liable for acts of agents. U. S. Code, sec. 41 (2) In construing and enforcing the provisions of this 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 the Interstate Commerce Commission or publishes a parRates filed or par- ticular rate under the provisions of the Act to regulate commerce or Acts amendatory thereof, or participates in 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. ticipated in by carrier deemed legal as against such carrier. Forfeiture may be enforced of rebates. 41 (3) Any person, corporation, or company who shall deliver against receivers property for interstate transportation to any common carrier, subject to the provisions of this Act, or for whom U. S. Code, se. 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 Secs. 1-2-3 to institute suits ure. sum of money or any other valuable consideration as a trebate 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 Attorney General the United States is authorized and directed, whenever he to collect forfeit has reasonable 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 Period of limitacommencement 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. [U. S. Code, title 49, sec. 42.] That in any in matters before proceeding for the enforcement of the provisions of the Commission or statutes relating to interstate commerce, whether such made parties. proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit 1 court of the United States, it shall be lawful 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 and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall orders or decrees. be authorized by law with respect to carriers. SEC. 3. [U. S. Code, title 49, sec. 43.] That whenever the Interstate Commerce Commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic be '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. tion. amount or value. Persons interested court may be Such additional parties subject to |