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Sec. 8. Commerce Act — Liability of Carrier in Damages.- That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit 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, which attorney's fee shall be taxed and collected as part of the costs in the case.

Sec. 9. Commerce Act — Remedy of Shipper in Alternative by Complaint to Commission or Suit in Federal Court.

-That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which 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 pending may compel any director, officer, receiver, trustee, 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.

Sec. 10. Commerce Act — Criminal Liability of Carrier.That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person, 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 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

CRIMINAL LIABILITY.

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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, or 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 an unlawful discrimination in rates, fares, or charges, for the transportation of passengers or property, such person shall, in addition to the fine hereinbefore 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.]

Sec. 10. Commerce Act Continued – Criminal Liability of Carrier for False Bills, Weights or Classification.— 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 wilfully 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,t (or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense.)

*The penalty of imprisonment which was abolished by Sec. I of the Elkins Act, approved February 19, 1903, was restored by the amendment of that section by the Act approved June 29, 1906. The imprisonment penalty as restored seems to relate only to the crime of rebating. See Elkins Act, Sec. I, as amended under Sec. 6 of the Commerce Act, ante, page 11. For original Elkins Act, Sec. I, see Snyder Interstate Commerce Act, page 134.

ị The penalty of imprisonment was abolished by Sec. I of the Elkins Act, approved February 19, 1903, which declared that “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

Sec. 10. Commerce Act Continued – Criminal Liability of Shipper for False Bills, Weights or Classification.— Any person and any officer or agent of any corporation or company 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 knowingly and wilfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at 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 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 for each offense 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].

Sec. 10. Commerce Act Continued – Joint and Several Criminal Liability of Shipper and Carrier.- If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or other thing of value, solicitation, or otherwise, induce any common carrier subject 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

hereby abolished.” See Elkins Act, Snyder's Interstate Commerce Act, page 134.

Section 1 of the Elkins Act was amended by the Act of June 29, 1906, and the portion of the section abolishing imprisonment was omitted, and a clause inserted therein making violations of the Elkins Act and certain parts of the Commerce, punishable by imprisonment, or by fine, or by both fine and imprisonment. The imprisonment penalty as restored, however, seems to relate only to the crime of rebating. See Elkins Act, Sec. I, as amended under Sec. 6 of the Commerce Act, ante, page II.

*The penalty of imprisonment was abolished by Sec. I of the Elkins Act, approved February 19, 1903, which declares that “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.” See Elkins Act, Snyder's Interstate Commerce Act, page 134.

Section 1 of the Elkins Act was amended June 29, 1906, and the penalty of imprisonment was restored as therein provided, but seems to relate only to the crime of rebating. See Elkins Act, Sec. I, as amended, ante, page II.

INTERSTATE COMMERCE COMMISSION CREATED.

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280.)

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 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 on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom. (As amended March 2, 1889.)

Sec. II. Commerce Act — Interstate Commerce Commission Created.- That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, † who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioners first appointed under this act shall continue in office for 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 President 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 hold

* The penalty of imprisonment was abolished by the Elkins Act, Sec. I, approved February 19, 1903, which declared that “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.” See Elkins Act, Snyder's Interstate Commerce Act, page 134.

Section 1 of the Elkins Act was amended by the Act of June 29, 1906, and the penalty of imprisonment was restored as therein provided, but seems to relate only to the crime of rebating. See Elkins Act, Sec. I, as amended, ante, page II.

† Increased to seven Commissioners, and terms of office extended to seven years, by Section 24 of the Act, being a new section added by Act of June 29, 1906. See Section 24, infra, page 37.

ing 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 in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Sec. 12. Commerce Act — Commission may Prosecute through United States District Attorney.-- That the Conmission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpæna, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation.

Sec. 12. Commerce Act Continued — Witnesses - Attendance Compulsory. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpæna the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

Sec. 12. Commerce Act Continued – Penalty for Disobedience of Witness.— And any circuit courts of the

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