serve such tariffs or rates and charges until changed according to law, is made a misdemeanor punishable by a fine of not less than $1,000 nor more than $20,000 for each offense, by Act Feb. 19, 1903, c. 708, § 1, set forth below.

Whenever any carrier files or publishes a particular rate under the provisions of this act, or participates in any rates so filed or published, that rate, as against such carrier, its officers or agents, shall, in any prosecution, be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, is punishable, under Act Feb. 19, 1903, c. 708, § 1, set forth below.

Persons damaged may complain to Commission, or sue for damages.

The right to sue for damages given by this section is not taken away by section 3 of Act Feb. 19, 1903, c. 701, set forth below, which authorizes the Interstate Commerce Commission to file a complaint against any common carrier who, it is believed, is engaged in the carriage of passengers or freight at less than the published rates on file.

Penalty for violation of act.

Anything done or omitted to be done by a corporation common carrier subject to this act, 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 corporation, would constitute a misdemeanor under this act, or under the provisions of Act Feb. 19, 1903, c. 708, set forth below, is also made a misdemeanor committed by such corporation, and upon conviction thereof such corporation is made subject to the penalties prescribed in said act, except as changed by said act by section 1 thereof.

All punishments for violations of this act by imprisonment, as prescribed by this section, are abolished by Act Feb. 19, 1903, c. 708, § 1, set forth below.

Authority, powers, and proceedings of Commission; attendance and examination of witnesses; self-criminating testimony.

Provisions authorizing the Interstate Commerce Commission, when it shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic between given points at less than the public rates on file, or is committing any discriminations forbidden by law, to present a petition alleging such facts to the circuit court of the United States, and for inquiry by such court into the circumstances alleged in such petition, for compelling the attendance of witnesses, etc., and requiring the special district attorneys under direction of the Attorney-General to institute and prosecute such proceedings, are contained in Act Feb. 19, 1903, c. 708, § 3, set forth below.

No person can 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, in any proceeding, suit, or prosecution under this act, by Act Feb. 25, 1903, c. 755, § 1, set forth below. Said act further provides that no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.

The Commissioner of Corporations, the head of the Bureau of Corporations in the Department of Commerce and Labor established by Act Feb. 14, 1903, c. 552, § 6, ante, under Title XII A, "The Department of Commerce and Labor," is, by that section, to have and exercise, in order to accomplish the purposes declared in the section. in respect to corporations, etc., engaged in commerce among the several States and with foreign nations, excepting common carriers subject to this act, the same power and authority as is conferred on the Interstate Commerce Commission in this act and the amendments thereto in respect to common carriers, so far as the same may be applicable. And by further provisions of said section referred to above, it is made the province and

duty of said Bureau of Corporations to gather, compile, etc., useful information concerning corporations doing business within the United States engaged in interstate commerce or in commerce between the United States and any foreign country, including corporations engaged in insurance.

Proceedings in circuit courts for violations of orders of Commission; appeals to Supreme Court.

Suits in equity brought in the circuit court under the provisions of this act, wherein the United States is complainant, shall, if the AttorneyGeneral files with the clerk of such court a certificate that the case is of general public importance, be given precedence over other suits, and shall be assigned for hearing at the earliest practicable date, before not less than three of the circuit judges of the proper circuit, if there are three or more judges, or, if there are not more than two circuit judges, then before them and a district judge, by Act Feb. 11, 1903, c. 544, post, under Title LVI B, "Monopolies and Combinations in Restraint of Trade." Said act also provides that if the judges sitting in such case shall be divided in opinion the case shall be certified to the Supreme Court for review. Said act also makes provisions for appeals from the final decree of the circuit court direct to the Supreme Court.

ACT MARCH 2, 1893, c. 196. [As amended 1896.]

Driving-wheel brakes, and appliances for operating train-brake system.

The provisions of this act, as amended by Act April 1, 1896, c. 87, are made applicable to common carriers by railroads in the Territories and the District of Columbia, and to all cases, whether or not the couplers brought together are of the same kind, make, or type, by Act March 2, 1903, c. 976, set forth below. Said act also provides that the provisions of this act shall be held to apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar vehicles used in connection therewith, except as to those trains, etc., exempted from the provisions of this act by section 6 thereof, or which are used on street railways. Said act further prescribes the minimum number of cars in a train which need not be equipped with power or train brakes.

ACT FEB. 19, 1903, c. 708.

An Act To Further Regulate Commerce With Foreign Nations and Among the States. (32 Stat. 847.)

Corporation common carriers liable for violations of acts regulating commerce; failure to file tariff, penalty; rebates, concessions, and discriminations prohibited, penalty; imprisonment as penalty abolished; jurisdiction of prosecutions; liability for acts of agents, etc.; published rates to be adhered to.

Be it enacted, &c., That anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the Acts amendatory 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 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 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 to said Acts to file and publish the tariffs 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 not less than one thousand dollars nor more than twenty thousand dollars for each offense; and it shall be unlawful for any person, persons, or corporation to offer, grant, or give or to solicit, accept, or receive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory thereto 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 thereto, or whereby any other advantage is given or discrimination is practiced. Every person or corporation who shall 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 dollars nor more than twenty thousand dollars. In all convictions occurring after the passage of this Act for offenses under said Acts to regulate commerce, whether committed before or after the passage of this Act, or for offenses under this section, no penalty shall be imposed on the convicted party other than the fine prescribed by law, imprisonment wherever now prescribed as part of the penalty being hereby abolished. Every violation of this section shall be prosecuted in any court 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.

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 acting within the scope of his employment shall in every case be also deemed to be the act, omission, or failure of such carrier as well as that of the person. Whenever any carrier files with the Interstate Commerce Commission or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amendatory thereto, 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.

Act Feb. 19, 1903, c. 708, § 1, 32 Stat. 847.

The act mentioned in this section is Act Feb. 4, 1887, c. 104, set forth, as amended by Act March 2, 1889, c. 382, Act Feb. 10, 1891, c. 128, and Act Feb. 8, 1895, c. 61, in Comp. St. 1901, pp. 3154-3171. Section 10 prescribes the penalties for violations thereof. Section 6 makes provision for the publication of schedules of fares and rates.

Parties to proceedings to enforce interstate commerce acts.

Sec. 2. That in any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit 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 be authorized by law with respect to carriers. Act Feb. 19, 1903, c. 708, § 2, 32 Stat. 848.

See note under preceding section of this act.

Proceedings in equity for enforcement of tariffs, prohibition of discriminations, etc.; duties of district attorneys; recovery of damages; compulsory attendance of witnesses, etc.; precedence to be given hearings.

Sec. 3. 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 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 the proceedings provided for by this Act shall not preclude the bringing of suit for the recovery. of damages by any party injured, or any other action provided by said Act approved February fourth, eighteen hundred and eightyseven, entitled An Act to regulate commerce and the Acts amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the said courts 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 the 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 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 protect trade and commerce against unlawful restraints and monopolies,' 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or 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.

Act Feb. 19, 1903, c. 708, § 3, 32 Stat. 848.

The suits for recovery of damages, mentioned in this section, are authorized by Act Feb. 4, 1887, c. 104, § 8, Comp. St. 1901, p. 3159. Section 12 of said act contains provisions relating to the attendance and examination of witnesses, etc. See, also, note under section 1 of this

act.

Act Feb. 11, 1903, c. 544, also mentioned in this section, is set forth post, under Title LVI B, "Monopolies and Combinations in Restraint of Trade."

Repeal; pending cases not affected.

Sec. 4. That all Acts and parts of Acts in conflict with 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 Feb. 19, 1903, c. 708, § 4, 32 Stat. 849.

See note under section 1 of this act.

Time of taking effect of act.

Sec. 5. That this Act shall take effect from its passage.

Act Feb. 19, 1903, c. 708, § 5, 32 Stat. 849.

ACT FEB. 25, 1903, c. 755, § 1.

Appropriation for enforcement of anti-trust and interstate commerce laws; exemptions from prosecutions of persons giving testimony; prosecutions for perjury in giving testimony.

That for the enforcement of the provisions of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supplemental thereto, and of the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, and all Acts amendatory thereof or supplemental thereto, and sections seventy-three, seventy-four,