R. Co., 186 U. S. 320. Citing Covington Stockyard Co. v. Keith, 139 U. S. 128; Walker v. Keenan, 73 Fed. Rep. 755.

Parties. In a proceeding by the Interstate Commerce Commission under section 16 to enforce an order made by the Commission directing the carrier to desist and cease from charging rates declared to be in violation of the act, the Commission need not necessarily join as a party to the proceeding another carrier, who has made the forbidden rate, jointly with the defendant. Such carrier is a proper, but not a necessary, party. Interstate Com. Co. v. Texas Railroad, 52 Fed. Rep. 187 (October, 1892, Cir. Ct. So. Dist. N. Y.).

Damages Trial by Jury. If a shipper seeks redress before the Interstate Commerce Commission for charges paid to the carrier in excess of what was paid by other shippers for a like service under section 2 of the act, and procures an order from the Commission directing the carrier to desist from exacting such unlawful charges, he may enforce the order through the Commission by a suit in equity by injunction under section 16. But if the amount of the excessive charges are proved and the Commission makes an order directing the carrier to make reparation and restitution, and to refund the amount by way of damages, so much of the order as directs restitution cannot be enforced in the equity action. The portion of the order directing payment of damages can be enforced, if at all, only in an action at law in which the carrier is entitled to a jury trial. Interstate Com. Co. v. Western New York Railroad, 82 Fed. Rep. 192 (July, 1897, Cir. Ct. West. Dist. Pa.).

Remedy by Injunction. A shipper who has been discriminated against and has been obliged to pay charges on shipments in excess of what the carrier charged other shippers for a like service, is not obliged to seek a remedy at law to recover the excessive payments by way of damages. He may seek redress before the Interstate Commerce Commission and secure an order directing the carrier to cease from exacting the unlawful charges and enforce the order by injunction in a suit in the Circuit Court of the United States. Interstate Com. Co. v. Western New York Railroad, 82 Fed. Rep. 192 (July, 1897, Cir. Ct. West. Dist. Pa.).

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If the remedy sought is by injunction in equity, the court has no power to enforce so much, or such parts, of the order of the Commission as directs reparation, or refunding to claimants, by way of damages, the excessive charges proved before the Commission. If such orders directing reparation are enforceable at all, they must be enforced in an action at law in which the carrier will be entitled to a jury trial. So held, where the Commission found the amount of the excessive charges on shipments of oil from Titusville and Oil City, Pa., to New York and elsewhere. Ib.

§ 17. Procedure before Interstate Commerce Commission.— That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the Commission shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices. and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Commission shall have an official seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and affirmations and sign subpœnas. (As amended March 2, 1889.)

Object and Scope of Section 17. This section makes the procedure before the Commission analogous to proceedings in a

court of record as near as may be by declaring that it shall have an official seal of which the courts will take judicial notice. Parties may appear before it in person or by attorney. Forms used before the Commission shall conform, "as nearly as may be, to those in use in the courts of the United States." The Commission may make rules of procedure, and amend or modify them. It may amend or modify its orders. It may administer oaths or affirmations to witnesses, and may issue and sign subpœnas. Its records shall be public records, accessible to any person in like manner as the records of a court.

§ 18. Salary of Commission-Fees and Expenses. That each Commissioner shall receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall appoint a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the Commission may hire suitable offices for its use, and shall have authority to procure all necessary office supplies. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission. (Amended March 2, 1889.)

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Object and Scope of Section 18.- This section provides for the salaries of the Commissioners. The Commission has power to appoint a secretary, and to employ and fix salaries of employees. Witness fees and mileage are the same as are allowed in the Federal courts.

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Section 18 declares that "all *shall be allowed and paid

Disbursements of Commission.expenses of the Commission on the presentation of itemized vouchers therefor approved by the Chairman of the Commission." By the Appropriation Act for the same (Supp. Rev. Stat. (2d ed.) 698) it is provided that hereafter expenses of the Interstate Commerce Commission shall be audited by the proper accounting officers of the Treasury." Held, that the Secretary of the Interstate Commerce Commission was entitled to pay for moneys expended for telegrams sent by the Commission in the discharge of its duties upon presentation of vouchers showing cost of each telegram, dates. number of words, persons from and to whom sent, and charge for each message transmitted in the form prescribed by statute without furnishing copies of such telegrams, when it appears that such messages are so far confidential as to justify a refusal to disclose their contents. United States v. Moseley, 187 U. S. 322.

§ 19. Sessions of Commission, where Held. That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

Object and Scope of Section 19. This section provides for the sittings and sessions of the Commission, and the location of

its principal office, which shall be in the city of Washington. But it may, by one or more of its Commissioners, sit anywhere in the United States.

Contents - Uni

§ 20. Carrier must Make Annual Reports formity of Accounts. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall

show in detail

The amount of capital stock issued;

The amounts paid therefor, and the manner of payment for the same;

The dividends paid, the surplus fund, if any, and the number of stockholders;

The funded and floating debts and the interest paid thereon;

The cost and value of the carrier's property, franchises, and equipment;

The number of employees and the salaries paid each class;

The amounts expended for improvements each year, how expended, and the character of such improvements;

The earnings and receipts from each branch of business and from all sources;

The operating and other expenses;

The balances of profit and loss;

And a complete exhibit of the financial operations of the carrier each year, including an annual balancesheet.