SECTION 11. METHOD OF APPOINTMENT AND TERMS OF MEMBERS OF THE INTER STATE COMMERCE COMMISSION. Commerce ers-method of appointment and terms. SEC. II. That a Commission is hereby created Interstate and established to be known as the Interstate Com- Commissionmerce 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 holding 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. Section II has been largely altered by the addition to the Act of section 24, approved June 29, 1906, which reads as follows: to consist of terms; salaries. ers. Commission SEC 24. (Added June 29, 1906). That the Inseven members; terstate Commerce Commission is hereby enlarged so as to consist of seven members with terms of seven years, and each shall receive ten thousand Qualifications dollars compensation annually. The qualifications of Commission, of the Commissioners and the manner of the payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December thirty-first, nineteen hundred and eleven, one for a term expiring December thirty-first, nineteen hundred and twelve. The terms of the present Commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present Commissioners, shall expire as heretofore provided by law. Their successors and the successors of the additional Commissioners herein provided for shall be appointed for the full terms of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Not more than four Commission ers shall be appointed from the same political party. By the Act of June 29, 1906, the membership of the Interstate Commerce Commission was increased from five to seven and the salary was increased from seven thousand five hundred dollars (as originally provided under section 18 of the Act) to ten thousand dollars each per year. Under original section II it was proIvided that no more than three members should be of the same political party, but with the increase in the size of the Commission four members may be of the same party. From 1889 to 1910 the Commission elected one of its members as chairman until otherwise ordered which resulted in that member continuing as chairman as long as he served on the Commission. Judge Thomas M. Cooley, of Michigan, was the first chairman of the Commission, serving from the date of the organization of the Commission until his retirement in 1891. He was succeeded as chairman by Judge William R. Morrison, of Illinois, who served in that capacity until December 31, 1897, when he was succeeded by Judge Martin A. Knapp, of New York. Judge Knapp remained chairman until his resignation to become presiding justice of the newly created Commerce Court in December of 1910. With the enormous increase of the functions of the Commission the duties of the chairman have become so onerous that the Commission now elects a new chairman each year, the selection being made from the members of the Commission in rotation in the order of the priority of their appointment. The Commission at present is comprised as follows: Hon. Charles C. McChord, of Kentucky, Chairman. Hon. Judson C. Clements, of Georgia. Hon. Edgar E. Clark, of Iowa. Hon. James S. Harlan, of Illinois. Hon. Balthasar H. Meyer, of Wisconsin. Hon. Winthrop M. Daniels, of New Jersey. SECTION 12. POWERS OF INTERSTATE COMMERCE COMMISSION TO CONDUCT INVESTIGATIONS. Commis si on to inquire into riers and keep to execute and sions of this Act. SEC. 12. (As amended March 2, 1889, and Febbusiness of car ruary 10, 1891.) That the Commission hereby creitself informed ated shall have authority to inquire into the manin regard thereto. agement of the business of all common carriers subject to the provisions of this Act, and shall keep itself informed as to the manner and method in Commission which the same is conducted, and shall have the enforce provi 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. District attor neys to prosecute under di rection of Attorney General. Commission timony and doc may require tes umentary evidence. Courts to com pel witnesses to tify. Such attendance of witnesses, and the production attend and tes 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. And any of the 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 subpoena 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. Claim that testimony or evidence will tend to criminate will not excuse witness. Depositions. Commission The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may may order testialso order testimony to be taken by deposition in by deposition. 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 |