such lines shall be operated in the handling of the traffic

embraced.

Secs. 6 and 7

Additional jur

proportionalrates

(0) To establish proportional rates, or maximum, or isdiction over es minimum, or maximum and minimum proportional tablishment of rates, by rail to and from the ports to which the traffic is toandfrom ports. brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant proportional those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water.

rates defined.

and water

ar

United States to

ments required

(d) If any rail carrier subject to the Act to regulate through rail commerce enters into arrangements with any water car- rangements from rier operating from a port in the United States to a for- foreign country. eign country, through the Panama Canal or otherwise, for the handling of through business between interior points similar arrangeof the United States and such foreign country, the Inter- with other ocean state Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country.1

lines.

24 Stat. L., 379. Freight carriage

treated as con

tinuous unless

faith.

SEC. 7. That it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any combination, contract, or agreement, expressed or im- stoppage in good plied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid

The second paragraph of sec. 11(d) of the Panama Canal Act of August 24, 1912, reads as follows:

Orders to be made only after hearing.

87 Stat. L., 568.

The orders of the Interstate Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the Commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section [the amendments are to section 5, (9), (10), and (11), and to section 6 (13) (a) (b) (c) and (d)] shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the Commission made under the provisions of section fifteen of the Act to regulate commerce, orders, penalties. as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order.

Enforcement of

Becs. 8-10

24 Stat. L., 379. Civiliability of

for damages

tion of Act.

or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this Act.

Src. 8.1 That in case any common carrier subject to the common carriers provisions of this Act shall do, cause to be done, or permit paused by viola- to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, Attorney's fee. Which attorney's fee shall be taxed and collected as part

complain to Com

court.

of the costs in the case.

SEC. 9. That any person or persons claiming to be damClaimant may aged by any common carrier subject to the provisions of mission or sue in this Act may either make complaint to the Commission as United States hereinafter provided for, or may bring suit in his or their ówn behalf for the recovery of the damages for which 24 Stat. L., 379. such common carrier may be liable under the provisions of this Act, in any district or circuit court of the United States of competent jurisdiction; but, such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be Officers of de- pending may compel any director, officer, receiver, trusfendant required testify; im- tee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

to

munity..

violations of Act

porate officers, agents, or ployees.

SEC. 10.2 [As amended March 2, 1889, June 18, 1910, Penalties for and February 28, 1920.] (1) That any common carrier by carriers, cor- subject to the provisions of this Act, or, whenever such em common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person 24 Stat. L., 379. acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall

41 Stat. L., 483.

1 See sections 9, 13, 16, and 23; Elkins Act, page 88, section 3; Compulsory Testimony Act, page 90; and Immunity Act, page 91, post.

See Elkins Act, post, page 85.

Sec. 10

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 herein before 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 this Act, or, whenever such common carrier is a corporation, 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 or officer thereof, who shall deliver property for transportation 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

47719°-21-3

Penalties cers, or agents.

for

false billing, etc., by carriers, offi

for

Penalties false billing, etc. by shippers and

others,

Bec. 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 86 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 exceeding five thousand dollars or imprisonment in the peniten36 Stat. L., 539. 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.

Penalties for inducing common

criminate unjust

ly.

(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

Secs. 10, 11, and 13

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 sev 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.

eral liability for

merce CommisTM

of appointment,

SEC. 11. That a Commission is hereby created and established to be known as the Interstate Commerce Com- Interstate Com mission, 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 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 not 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.]

Disqualification for interest.

impair exercise of

to business of car

SEC. 12. [As amended March 2, 1889, February 10, Commission to 1891, and February 28, 1920.] (1) That the Commission keep informed as hereby created shall have authority to inquire into the riers. management of the business of all common carriers subject to the provisions of this Act, and shall keep itself 24 Stat. L., 379.

1 See sections 17, 18, 19, 20 (10), 21, and 24, post.