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9. Complaints and investigations - Continued:

Any person, corporation, society, etc., may complain to, of
violations by carrier, § 13, pp. 852, 853.

Complaint to commission as to rates and service shall be by
a petition, which shall briefly state the facts, § 13, pp.
852, 853.

Commission may investigate violations of Act complained
of in petition or complaint, § 13, pp. 852, 853.

May investigate on its own motion, § 13, pp. 852, 853.
Means and manner of making investigations, § 12, pp. 852,
853.

No complaint shall be dismissed because of absence of direct
damage to complainant, § 13, pp. 852, 853.

Commission shall forward charges to carrier, who shall sat-
isfy complaint, or answer before commission, § 13, pp. 852,
853.

Commission shall make written reports of its investigations,
§ 14, p. 854.

Copy of report of investigation shall be furnished to carrier,
§ 14, p. 854.

All reports of investigations shall be entered of record and
copies furnished the parties, § 14, p. 854.

Report of an investigation shall include its decision, order,
etc., and findings of fact on which any award of damages
is made, § 14, p. 854.

Commission may provide for publication of its reports of
investigations, § 14, p. 854.

Authorized publication of its reports of investigations shall
be competent evidence in courts, § 14, p. 854.

Complaints for recovery of damages must be filed with, within
two years, § 16, pp. 855-858.

Exception as to claims accruing prior to passage of this Act,
§ 16, pp. 855-858.

Witnesses shall be paid same fees and mileage as in courts of
U. S., § 18, p. 859.

All interested persons may be made parties, Elkins Act,
§ 2, p. 845.

10. Orders and awards, and service, enforcement and suspension

thereof.

Order of, as to rates or practices, § 15, pp. 853-855.

When orders shall take effect and how long continue in force,

§ 15, pp. 853-855.

Supplemental order dividing joint rates among carriers, § 15,
pp. 853-855.

Carrier shall comply with orders, § 16, pp. 855-858.

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Orders and awards, etc.- Continued:

Carrier or its representatives shall forfeit $5,000 for each failure to obey orders, § 16, pp. 855-858.

Each distinct, and each day of, violation shall be separate offense, § 16, pp. 855-858.

Forfeitures recoverable in a civil suit, § 16, pp. 855–858. Duty of United State district attorneys to sue to recover forfeitures, § 16, pp. 855-858.

Forfeitures payable into treasury of U. S., § 16, pp. 855-858. May ask court to enforce its orders by injunction or mandamus, § 16, pp. 855-858.

May employ special counsel, paying expenses out of its own
appropriation, § 16, pp. 855-858.

May modify or suspend its orders, § 16, pp. 855-858.
Orders shall be served by mail, § 16, pp. 855-858.

Registry mail receipt shall be prima facie evidence of re-
ceipt of order by carrier, § 16, pp. 855-858.

In suit to enforce order for a payment of damages, findings and order of, shall be prima facie evidence of facts, § 16, pp. 855-858.

Suit to enforce award of damages, where brought and proper parties, § 16, pp. 855-858.

Petition to enforce order for payment of damages must be filed within one year, § 16, pp. 855-858.

Appeal to Supreme Court on petition to enforce order, § 16, pp. 855-858.

Appeal from injunction lies only to Supreme Court, and must be taken within thirty days, § 16, pp. 855-858. Venue of suits to suspend or enjoin orders of, § 16, pp. 855858.

Expediting act applicable to suits to suspend or set aside orders of, § 16, pp. 855-858.

Orders and decrees may be made against additional parties to proceedings, Elkins Act, § 2, p. 845.

11. Rehearing on orders.

Commission may reverse or modify its original order at a, § 16a, pp. 858, 859.

May be granted on application of any party, § 16a, pp. 858, 859.

Application for, shall not excuse carrier from complying with order, § 16a, pp. 858, 859.

Application for, shall be governed by such rules as commission may establish, § 16a, pp. 858, 859.

Effect of order made at, § 16a, pp. 858, 859.

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12. Court proceedings to enforce act.

Any United States district attorney shall prosecute all neces-
sary proceedings for, at its request, § 12, pp. 850-852.
Commission may employ special counsel, § 16, pp. 855-858.
May request attorney-general to apply for mandamus to en-
force any provision of this Act, § 20, pp. 860-863.

Orders and decrees may be made against additional parties,
Elkins Act, § 2, p. 845.

Power to institute court proceedings to compel discontinu-
ance of unlawful acts as to rates, Elkins Act, § 3, pp. 846,
847.

Request by, that district attorneys prosecute proceedings
against carriers, Elkins Act, § 3, pp. 846, 847.

COMMISSIONERS, INTERSTATE COMMERCE.

See, "COMMISSION."

COMMON CARRIERS.

Reports of, see, "REPORTS."

Books and accounts, see post, subheading 5. "Regulation by com-
mission."

1. General provisions.

2. Powers, duties and liabilities.

3. Tariff schedules.

4. Under Elkins Act.

5. Regulation by commission.

1. General provisions.

Scope of term, § 1, pp. 837-840.

Wherever word "carrier" occurs in this Act it shall mean
common carrier, § 6, pp. 841-843.

2. Powers, duties and liabilities.

As to tariff schedules, see post, subheading 3. "Tariff
schedules."

Liability of carriers under the Elkins Act, for wrongful acts,
see post, subheading 4. "Under Elkins Act."

Duty to furnish transportation, § 1, pp. 837-840.

Duty to make reasonable and just rates and charges, § 1, pp.
837-840.

Duty to establish through routes and reasonable rates there-
for, § 1, pp. 837-840.

Shall not discriminate as to rates and charges, § 2, p. 840.
Rebates unlawful, § 2, p. 840; Elkins Act, § 1, pp. 843-845.
Shall not give undue preference to any shipper, locality or
kind of traffic, § 3, p. 840.

COMMON CARRIERS — Continued:

2. Powers, duties and liabilities - Continued:

Shall charge only such rates, and grant only such privileges as are published in tariff schedules, § 6, pp. 841-843. Departure from published rate unlawful, Elkins Act, § 1, pp. 843-845.

Shall afford facilities for interchange of traffic with connecting lines, § 3, p. 840.

Shall not discriminate between connecting lines as to rates and charges, § 3, p. 840.

Not required to give use of tracks or terminal facilities to
connecting carrier, § 3, p. 840.

Compensation for long and short hauls, § 4, pp. 840, 841.
May apply to commission for relief from long and short haul
section of this Act, § 4, pp. 840, 841.

Unlawful to enter pooling agreement or combination, § 5,
p. 841.

Each day of agreement for pooling of freights, etc., is sep-
arate offense, § 5, p. 841.

Shall give precedence to, and expedite, military traffic, at de-
mand of president of United States, § 6, pp. 841–843.
Shall not prevent continuous carriage, § 7, p. 847.
Carrier violating Act is liable in damages to persons injured,
§ 8, p. 847.

Shipper injured by violations by carrier must elect between
complaint to commission and suit in federal court, § 9,
p. 848.

Court may compel officer, agent, etc., of, to testify, § 9, p. 848. Criminal liability for acts declared unlawful, § 10, pp. 848850.

Fine may be imposed for violating Act, § 10, pp. 848-850. Criminal liability for false billing, classification, etc., § 10, pp. 848-850.

Inducing or abetting carrier in unjustly discriminating, § 10, pp. 848-850.

Joint and several liability with shipper inducing unjust dis

crimination, § 10, pp. 848-850.

Failure to make entries, making false entries in books, and mutilation of records are misdemeanors, § 20, pp. 860, 863. Shall issue bill of lading, § 20, pp. 860-863.

Initial carrier liable for damages to property in transit, § 20, pp. 860-863.

Initial, may recover from carrier on whose line property was damaged, § 20, pp. 860-863.

COMMON CARRIERS · Continued:

2. Powers, duties and liabilities

Continued:

May not contract for exemption from liability for loss of, or
injury to, property carried, § 20, pp. 860-863.

May issue mileage, excursion and commutation tickets, § 22,
pp. 863, 864.

May issue joint interchangeable 5000-mile tickets, with spe-
cial free baggage privileges, § 22, pp. 863, 864.

Shall file tariffs as basis for joint interchangeable mileage,
§ 22, pp. 863, 864.

May carry certain classes of property free or at reduced
rates, § 22, pp. 863 864.

May give free transportation only to enumerated persons, § 1,
pp. 847-840; § 22, pp. 863, 864.

May carry its employees free, § 1, pp. 837-840; § 22, pp.
863, 864.

Who are

66

employees" of, within meaning of provision as to
giving of free transportation, § 1, pp. 837-840.

Who included in term "families" as used in provision as to
giving of free transportation, § 1, pp. 837-810.

Violation of provisions of Act as to giving of free transporta-
tion, a misdemeanor, § 1, pp. 837-840.

May exchange passes, § 22, pp. 863, 864.

May give reduced rates to enumerated classes of persons,
§ 22, pp. 863, 864.

Mandamus lies to compel, to furnish cars and move traffic,
§ 23, pp. 864, 865.

3. Tariff schedules.

See also, "SCHEDULES."

Carriers shall file with commission, print and keep open to
public inspection, schedules showing all rates, fares, etc.,
§ 6, pp. 841-843.

Failure to file, publish and observe schedules, an offense under
Elkins Act, Elkins Act, § 1, pp. 843-845.

Carriers shall not engage in transportation of passengers or
property unless the rates, etc., for same have been filed and
posted, § 6, pp. 841-843.

Only rates and fares specified in schedules shall be charged,
§ 6, pp. 841-843.

Rates filed conclusively deemed legal rates, Elkins Act, § 1,
pp. 843-845.

Carrier shall not refund or remit any portion of rates and
charges specified in schedules, § 6, pp. 841-843.

Departure from rate filed by carrier deemed an offense under
Elkins Act, Elkins Act, § 1, pp. 843-845.

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