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,† [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. 1 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. 1, as amended under Sec. 6 of the Commerce Act, ante, page II. For original Elkins Act, Sec. 1, see Snyder Interstate Commerce Act, page 134.

66

The penalty of imprisonment was abolished by Sec. 1 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. 1, as amended under Sec. 6 of the Commerce Act, ante, page II.

*The penalty of imprisonment was abolished by Sec. 1 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 I 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. 1, as amended, ante, page II.

INTERSTATE COMMERCE COMMISSION CREATED.

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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. (4s amended March 2, 1889.)

Sec. 11. 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. 1, 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 I 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. 1, 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 Commission 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 subpoena, 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 subpoena 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

United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpœna issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. 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. 12. Commerce Act Continued Testimony Taken by Deposition-The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

Deposition, how

Sec. 12. Commerce Act Continued Taken. Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.