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SEC. 4. That section fourteen of said Act, as amended March seco
econd, eighteen hundred and eighty-nine, be amended so as to read as follows:
SEC. 14. That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made.
All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that my have been complained of.
The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports.
Sec. 5. That section fifteen of said Act be amended so as to read as follows: SEC. 15. If, after full hearing of a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the Commission shall make an order directing the carrier to pay to the complainant the sum which he is entitled on or before a day named.
If, after full hearing of such a complaint, the Commission shall be of the opinion that any existing rate for the transportation of persons or property as defined in this Act, or any regulation or practice whatsoever affecting such transportation, is unreasonable or unjustly discriminatory, it shall be the duty of the Commission to determine what will be a just, fairly remunerative, and reasonable rate, regulation or practice to be charged, imposed, or followed in the future in place of that found to be unreasonable or unjustly discriminatory, and to order the carrier to observe the same; and in so doing the Commission shall have power (a) to fix a maximum rate; (b) to fix a differential and to prescribe both a maximum and a minimuin rate to enforce the same when that may be necessary to prevent discriminations forbidden by the third section, but not otherwise; (c) to change the classification of any article.
If the rate so fixed by the Commission shall be a joint rate, and the carriers parties thereto fail to agree upon the apportionment thereof between themselves within twenty days after notice of the order fixing the same, the Commission may make a supplemental order declaring the portion of such joint rate to be received by each carrier party thereto, which order shall take effect as part of the original order.
The Commission may also, after full hearing of a complaint, establish through routes and joint rates and fix the division of such rates and the terms and conditions under which such through routes shall be operated, when that may be necessary to give effect to any provision of this Act, and the carriers complained of have refused or neglected to voluntarily establish such through routes and joint rates.
If the owner of property transported under this Act directly or indirectly renders any service connected with such transportation, or furnishes any instrumentality used therein, the Commission may, after full hearing of a complaint, determine what is a reasonable charge to be paid by the carrier for the service so rendered or the use of the instrumentality so furnished, and fix the same by appropriate order, which order shall have the same force and effect and be enforced in like manner as the orders above provided for in this section.
The foregoing enumeration of powers shall not exclude any power which the Commission would otherwise have in the making of an order under the provisions of this Act.
Every order of the Commission shall fix the date when it is to take effect, and shall be forth with served by mailing to any one of the principal officers or agents of the carrier at his usual place of business a copy of the report and opinion of the Commission, together with a copy of the order; and the registry mail receipt shall be prima facie evidence of the receipt of such order by the carrier in due course of mail.
SEC. 6. That section sixteen of said Act, as amended March second, eighteen hundred and eighty-nine, be amended so as to read as follows:
Sec. 16. If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the circuit court of the United States for the district in which he resides or in which is located the principal office of the carrier, or through which the road of the carrier runs, on the law side, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such petition shall be served upon the carrier and returned like a writ of summons. After due service of said petition there shall be pending in such court a civil suit for the recovery of such damages, which shall proceed from then on in all respects like a civil suit for damages for the breach of a contract, except that the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except, also, that the petitioner shall not be liable for costs in the circuit court, nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the Commission within three years from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court within two years from the date of the order, and not after.
Any carrier may, within thirty days from the service upon it of any order, other than an order for the payment of money, begin in the circuit court of the United States for the district in which its principal operating office is situated, proceedings to set aside and vacate such order; and in case such order affects two or more carriers, such proceedings may be brought by them jointly in the district in which the principal operating office of either of them is situated. Such proceedings shall be begun by filing on the equity side of the court a petition or bill in equity, which shall briefly state the matters embraced in such order and the particulars in which it is alleged to be unlawful, and in such proceedings the complainant and the Commission shall be made defendants.
Upon the filing of such a petition or bill the clerk of such circuit court shall forth with mail a copy thereof to the Commission, with notice that the same has been filed; and the Commission shall thereupon, within twenty days from the receipt of such' notice, cause to be filed in such court a complete certified copy of the record in the proceeding wherein the order complained of was made, including the pleadings, the testimony, and exhibits, the report and opinion of the Commission, and its order in the premises. If it is impracticable to send up a copy of any exhibit, the exhibit itself may be forwarded. The defendant may answer or demur to such petition or bill according to the usual practice in equity cases.
If upon hearing such petition the court shall be of opinion that the order of the Commission is not a lawful order, it shall set aside and vacate the same; otherwise it shall dismiss the petition. In either case the court shall file with its decision a statement of the reasons upon which the decision is based, a copy of which shall be certified forthwith to the Commission. If the order of the Commission is vacated, and if the defendant does not appeal to the Supreme Court of the United States, the Commission may reopen the case for further hearing and order, or it may make a new order without further hearing, not inconsistent with the decision and opinion of the circuit court. Any such subsequent order shall be subject to the same provisions as an original order.
Upon the filing of such a petition the circuit court may, upon such notice to the complainant and to the Commission as the court deems proper, extend the time within which such order shall take effect, not to exceed in all sixty days from the date of service of the order upon the carrier. The court may also, if it plainly appears that the order is unlawful, and not otherwise, suspend the operation of the order during the pendency of the proceeding or until the further order of the court.
Either party may appeal from the judgment or decree of the circuit court to the Supreme Court of the United States; but such appeal shall not operate to stay or supersede the order of the circuit court nor the execution of any writ or process thereon. In the circuit court and in the Supreme Court the cause shall be given preference over all others except criminal causes.
No costs shall be allowed the petitioner in the circuit court, nor upon appeal to the Supreme Court. If the proceedings are finally dismissed, the defendant shall have judgment for its costs.
The defense in all such proceedings shall be undertaken by the United States district attorney for the district wherein the action is brought, under the direction of the Attorney-General of the United States, and the costs and expenses of such defense shall be paid out of the appropriation for the expenses of the courts of the United States.
If no proceedings to vacate an order are begun within the time limited, or if the effect of such order has not been suspended in any of the ways herein provided, such order shall become and be known as a final order. Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey a final order shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense.
The forfeiture provided for in this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the carrier has its principal office, or in any district through which the road of the carrier runs.
It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. The Commission may, with the consent of the Attorney-General, employ special counsel in any proceeding under this Act, paying the expenses of such employment out of its own appropriation.
If any carrier fails or neglects to obey a final order, any party injured thereby, or the Commission in its own name, may apply to the circuit court in the district where such carrier has its principal office, or in which the violation or disobedience of such order shall happen, for an enforcement of such order. Such application shall be by petition, which shall state the substance of the order and the respect in which the carrier has failed of obedience, and shall be served upon the carrier in such manner as the court may direct. If, upon such hearing as the court may determine to be necessary, it appears that the order was made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction, or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives from further disobedience of such order, or to enjoin upon it, or them, obedience to the same; and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience to its writs of injunction and mandamus.
From any action upon such petition an appeal shall lie by either party to the Supreme Court of the United States, but such appeal shall not vacate or suspend the order appealed from.
The copies of schedules and tariffs of rates, fares, and charges, and of all contracts, agreements, or arrangements between common carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual reports of carriers made to the Commission, as required by the provisions of this Act, shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of or extracts from any of said schedules, tariffs, contracts, agreements, arrangements, or reports made public records as aforesaid, certified by the secretary under its seal, shall be received in evidence with like effect as the originals.
SEC. 7. That a new section be added to said Act immediately after section sixteen, to be numbered as section sixteen a, as follows:
SEC. 16a. That after a decision, order, or requirement has been made by the Commission in any proceeding, any party thereto may at any time make application for rehearing of the same, or any matter determined therein, and it shall be lawful for the Commission in its diecretion to grant such a rehearing if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the Commission may establish. No such application shall excuse any carrier from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. In case a rehearing is granted, the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct; and if in its judgment, after such rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or modify the same accordingly. Any decision, order, or requirement made after such rehearing, reversing, changing, or modifying the original determination shall be subject to the same provisions as an original order.
Whenever an order of the Commission made in pursuance of section fifteen as hereby amended, other than an order for the payment of money, shall have been complied with for the period of one year such order shall not thereafter be in force as against the carrier so complying therewith.
SEC. 8. That section twenty of said Act be amended so as to read as follows:
SEC. 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this Act, and from the owners of all railroads engaged in interstate commerce as defined in this Act, to 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 Hoating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class; the accidents to passengers, employees, and other persons, and the causes thereof; 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 balance sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts affecting the same, as the Commission may require; and the Commission may, in its discretion, for the purpose of enabling it the better to carry out the purposes of this Act, prescribe a period of time within which all common carriers subject to the provisions of this Act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.
Said detailed reports shall contain all the required statistics for the period of twelve months ending on the thirtieth day of June in each year, and shall be made out under oath and filed with the Commission, at its office in Washington, on or before the thirtieth day of September then next following, unless additional time be granted in any case by the Commission; and if any carrier, person, or corporation subject to the provisions of this section shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section, within thirty days from the time it is lawfully required so to do, such parties shall forfeit to the United States the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto. The Commission shall also have authority to require said carriers to file monthly reports for earnings and expenses within a specified period, and if any such carriers shall fail to file such monthly report within the time fixed by the Commission it shall be subject to the forfeitures last above provided.
Said forfeitures shall be recovered in the manner provided for the recovery of forfeitures under the provisions of this Act.
The oath required by this section may be taken before any person authorized to administer an oath by the laws of the State in which the same is taken.
The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to the provisions of this Act, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of moneys. The Commission shall at all times have access to all accounts, records, and memoranda kept by carriers subject to this Act, and it shall be unlawful for such carriers to keep any other accounts, records, or memoranda than those prescribed or approved by the Commission, and it may employ special agents or examiners, who shall have authority under the order of the Commission to inspect and examine any and all accounts, records, and memoranda kept by such carriers. This provision shall apply to receivers of carriers and operating trustees.
In case of failure or refusal on the part of any such carrier, receiver, or trustee to keep such accounts, records, and memoranda on the books and in the manner prescribed by the Commission, or to submit such accounts, records, and memoranda as are kept to the inspection of the Commission or any of its authorized agents or examiners, such carrier, receiver, or trustee shall forfeit to the United States the sum of five hundred dollars for each such offense and for each and every day of the continuance of such offense, such forfeitures to be recoverable in the same manner as other forfeitures provided for in this Act.
Any person who shall willfully make any false entry in the accounts of any book of accounts, or in any record or memoranda kept by a carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device falsify the record of any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the carrier's business, or shall keep any other accounts, records, or memoranda than those prescribed or approved by the Commission, shall be deemed guilty of a misdemeanor, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than one thousand dollars nor more than five thousand dollars, or imprisonment for a term not less than one year nor more than three years, or both such fine and imprisonment.
Any examiner who divulges any fact or information which may come to his knowledge during the course of such examination, except in so far as he may be directed by the Commission or by a court or judge thereof, shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not more than five thousand dollars or imprisonment for a term not exceeding two years, or both.
SEC. 9. That the Act entitled 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, approved February eleventh, eighteen hundred and ninety-three, be added to section twelve of said Act to regulate commerce, as amended March second, eighteen hundred and eighty-nine, and February tenth, eighteen hundred and ninety-one. That the new section added to said Act to regulate commerce by said Act of March second, eighteen hundred and eighty-nine, shall hereafter be designated as section twenty-three of said Act to regulate commerce. That the Act entitled. An Act to further regulate commerce with foreign nations and among the States, approved February nineteenth, nineteen hundred and three, shall apply in proceedings to enforce the provisions of this Act.
That the circuit and district courts of the United States shall have jurisdiction, upon the application of the Attorney-General of the United States, at the request of the Commission, alleging a failure to comply with or a violation of, any of the provisions of said Act to regulate commerce or of any Act supplementary thereto or amendatory thereof by any common carrier, to issue a writ or writs of mandamus commanding such common carrier to comply with the provisions of said Acts or any of them.
And to carry out and give effect to the provisions of said Acts, or any of them, the Commission is hereby authorized to employ special agents or examiners whó shall have power to administer oaths, examine witnesses, and receive evidence.
The amendments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.
This act shall take effect and be in force from and after its passage.