« PreviousContinue »
parties subject to
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, investiga
tions, orders, and decrees may be made with reference to Buch additioun. 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
carriers. Injunction SEO. 3. That whenever the Interstate Commerce Comtures 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 Com
mission, to institute and prosecute such proceedings, and Rocovery of the proceedings provided for by this Act shall not pre cluded by pro- clude the bringing of suit for the recovery of damages by ceedings heroun
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"
mony of witnesses
books and paperi.
Secs. 3, 4, and 6 les and the Acts amendatory thereof. And in proceedings court may to under this Act and the Acts to regulate commerce the said ance and testi? 12/courts shall have the power to compel the attendance of and production of paire witnesses, both upon the part of the carrier and the shipweeper, who shall be required to answer on all subjects relats ing directly or indirectly to the matter in controversy, and e to compel the production of all books and papers, both of
the carrier and shipper, which relate directly or indi-
Sec. 5. That this Act shall take effect from its passage. Act offoctive
[See additional provisions in act of June 29, 1906, ante, p. 79.)
under direction of Attorney General in name d
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 assemexcused from testifying 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 Inter27 Stat L., 443. state Commerce Commission, or in obedience to the sub
pæna of the Commission, whether such subpæna 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 Commis
sion, or in obedience to its subpæna, or the subpæna of Perjury, may either of them, or in any such case or proceeding: Probe punished.
vided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying...
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 docu
ments, if in his power to do so, in obedience to the subPenalty. pana 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.
entitled “An Act in relation to testimony before the Interstate Com-
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 ito February eleventh, eighteen hundred and ninety-three, pues in section six of the Act entitled "An Act to establish the sebep Department 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 subpæna, 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, 1918.]
The Commerce Court, created and established by the $sti 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 Court abolished.
transferred to dis- commonos count i hy so trict courts.
abolished from and after December thirty-first, nineteen Juris diction 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 cuit judges un
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 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
on orders of Inter
1 Section 1 of the “Commerce Court Act” reads as follows: Jurisdiction
sted in Com. "SEC. 1. That a court of the United States is hereby created which shall be known rerce Court. 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 36 Stat. L., 539.
• order of the Interstate Commerce Commission.
"Third. Such cases as by section three of the Act entitled 'An Act to further regulato 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 procoodings as under the provisions of section twenty or section twenty-three of the Act entitled 'An Act to regulate commerce,' approvod 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-enumeratod classes."