Misdemeanor to offer, grant,

cept, or receive

published rates

sion or discrimi

shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less Penalty. 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 dis- give, solicit, accrimination in respect of the transportation of any prop- any rebate from erty in interstate or foreign commerce by any common or other conces carrier subject to said Act to regulate commerce and the nation. 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 Penalty. 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 Imprisonment penalty abolpassage of this Act for offenses under said Acts to ished. late commerce, whether coramitted 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 triet in which court of the United States having jurisdiction of crimes cases 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.

regu

Judicial dis

may

prosecuted.

be

Act of officer or agent to be

of carrier.

In construing and enforcing the provisions of this section the act, omission, or failure of any officer, agent, or also deemed act 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 Com- Rates filed or participated in mission or publishes a particular rate under the provisions by carrier shall of the Act to regulate commerce or Acts amendatory carrier be deem

as against such

ed legal rate.

Persons interested in matter

before Interstate

Commerce Com

ject to orders or decrees.

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.

SEC. 2. That in any proceeding for the enforcement of involved in cases the provisions of the statutes relating to interstate commission or cir merce, whether such proceedings be instituted before the cuit court may Interstate Commerce Commission or be begun originally be made parties and shall be sub- 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.

Proceedings to enjoin or restrain

published rates

nation

prohib

against carriers

ested in traffic.

SEC. 3. That whenever the Interstate Commerce Comdepartures from mission shall have reasonable ground for belief that any or any discrimi- common carrier is engaged in the carriage of passengers ited by law or freight traffic between given points at less than the and parties inter-published rates on file, or is committing any discriminations forbidden by law, a petition may be presented alleg ing 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

ings shall not

for recovery of

action author

ulate commerce

thereof.

attendance and

nesses and pro

testifying wit

of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such such proceedproceedings, and the proceedings provided for by this Act prevent actions shall not preclude the bringing of suit for the recovery damages or other of damages by any party injured, or any other action ized by act to regprovided by said Act approved February fourth, eighteen or amendments hundred and eighty-seven, entitled An Act to regulate commerce and the Acts amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the compulsory said courts shall have the power to compel the attendance testimony of witof witnesses, both upon the part of the carrier and the ship-duction of books per, who shall be required to answer on all subjects relat- and papers. ing 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 Immunity to evidence shall not excuse such person from testifying or nesses. 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 Expediting act the hearing and determination of suits in equity pending or to apply in cases hereafter brought under the Act of July second, eighteen direction of Athundred and ninety, entitled 'An Act to protect trade in name of Interand commerce against unlawful restraints and monopolies,' Commission. '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.

of Feb. 11, 1903,

presented under

torney-General

state Commerce

laws repealed.

SEC. 4. That all Acts and parts of Acts in conflict with, Conflicting 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.

SEC. 5. That this Act shall take effect from its passage. Public, No. 103, approved, February 19, 1903, second session Fifty-seventh Congress.

Appropriation

ot Attorney

force interstate

antitrust acts.

[Extract from legislative, executive, and judicial appropriation act, second session Fifty-seventh Congress.]

That for the enforcement of the provisions of the Act General to en-entitled "An Act to regulate commerce," approved Febcommerce and ruary 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, seventy-five, and seventy-six of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved August twenty-seventh, eighteen hundred and ninety-four, the sum of five hundred thousand dollars, to be immediately available, is hereby appropriated, out of any money in the Treasury not heretofore appropriated, to be expended under the direction of the Attorney-General in the employment of special counsel and agents of the Department of Justice to conduct proceedings, suits, and prosecutions under said Acts in the courts of the United Immunity to States: Provided, That no person shall be prosecuted or testifying witbe 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 said Perjury ex- Acts: Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.

nesses.

cepted

Public, No. 115, approved, February 25, 1903, second session Fifty-seventh Congress.

[Extract from general deficiency act, second session Fifty-seventh Congress.]

That under, and to be paid from, the appropriation of five hundred thousand dollars 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 other Acts mentioned in said appropriation, made in the legislative, executive, and judicial appropriation Act for the fiscal year nineteen hundred and four, the President is authorized to appoint, by and with Assistant to At the advice and consent of the Senate, an assistant to the torney-General. Attorney-General with compensation at the rate of seven

At

Assistant torney-General.

clerks.

thousand dollars per annum and an Assistant AttorneyGeneral at a compensation at the rate of five thousand dollars per annum; and the Attorney-General is authorized to appoint and employ, without reference to the rules and regulations of the civil service, two confidential clerks at Confidential a compensation at the rate of one thousand six hundred dollars each per annum, to be paid from said appropriation. Said assistant to the Attorney-General and Assistant Attorney-General shall perform such duties as may be required of them by the Attorney-General.

Public, No. 156, approved, March 3, 1903, second session Fifty-seventh Congress.

An act to promote the security of travel upon railroads engaged in interstate commerce, and to encourage the saving of life.

of honor for sav

way accidents.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Bronze medals the President of the United States be, and he is hereby, ing life in railauthorized to cause to be prepared bronze medals of honor, with suitable emblematic devices, which shall be bestowed upon any persons who shall hereafter, by extreme daring, endanger their own lives in saving, or endeavoring to save, lives from any wreck, disaster, or grave accident, or in preventing or endeavoring to prevent such wreck, disaster, or grave accident, upon any railroad within the United States engaged in interstate commerce: Provided, That no award of said medal shall be made to any person until sufficient evidence of his deserving shall have been furnished and placed on file, under such regulations as may be prescribed by the President of the United States.

Decorations to accompany med

SEC. 2. That the President of the United States be, and he is hereby, authorized to issue to any person to whom a al. medal of honor may be awarded under the provisions of this Act a rosette or knot, to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette or knot and ribbon to be each of a pattern to be prescribed by the President of the United States: Provided, That whenever a ribbon issued under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued, a new ribbon shall be issued to such person without charge therefor.