« 이전계속 »
Sec. 1 Prosecutions may be in any
Rates Aled or
fine and imprisonment, in the discretion of the court. · Every violation of this section shall be prosecuted in any districts through
which transportacourt of the United States having jurisdiction of crimes tion is conducted. within the district in which such violation was committed, or through which the transportation may have been conducted; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. In construing and enforcing the provisions of this ble for acts of
liasection, the aet, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier, or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well as that of the person. Whenever any carrier files with the Interstate Commerce Commission or publishes a particular rate under the provisions of the Act to regulate participated in by
commerce or Acts amendatory thereof, or participates in legal as against 7
any rates so filed or published, that rate as against such such carrier. carrier, its officers or agents, in any prosecution begun under this Act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an offense under this section of this Act.
Any person, corporation, or company who shall deliver Forfeiture may property for interstate transportation to any common against receivers carrier, subject to the provisions of this Act, or for whom as consignor or consignee, my such carrier shall transport property from one State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or foreign country, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or
offset against the regular charges for transportation of .
such property, as fixed by the schedules of rates provided for in this Act, shall in addition to any penalty provided by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the
eral to institute suits to
Period of limitation,
Persons interested in matters
Attorney Gen: trial court; and the Attorney General of the United
collect States is authorized and directed, whenever he has reaforfeiture.
sonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as a foresaid, to institute in any court of the United States of competent jurisdiction a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein,
and the amount recovered shall be three times the total Penalty, treble amount of money, or three times the total value of such amount or value. consideration, so received or accepted, or both, as the
case may be.
SEC. 2. That in any proceeding for the enforcement of before Commis: the provisions of the statutes relating to interstate combe made parties, merce, whether such proceedings be instituted before the
Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investiga
tions, orders, and decrees may be made with reference to Such additional
and against such additional parties in the same manner, parties subject to to the same extent, and subject to the same provisions
as are or shall be authorized by law with respect to carriers.
Sec. 3. That whenever the Interstate Commerce Comagainst departures from pub- mission shall have reasonable ground for belief that any any discrimina- common carrier is engaged in the carriage of passengers prohibited
or freight traffic between given points at less than the published rates on file, or is committing any discriminations forbidden by law, a petition may be presented alleg. ing such facts to the circuit court of the United States sitting in equity having jurisdiction; and when the act complained of is alleged to have been committed or as being committed in part in more than one judicial district or State, it may be dealt with, inquired of, tried, and determined in either such judicial district or State, whereupon it shall be the duty of the court summarily to inquire into the circumstances, upon such notice and
in such manner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States whenever the Attorney General shall direct, either of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such proceedings, and the proceedings provided for by this Act shall not pre- damages not preclude the bringing of suit for the recovery of damages by ceedings "hereunany party injured, or any other action provided by said Act approved February fourth, eighteen hundred and eighty-seven, entitled "An Act to regulate commerce and the Acts amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the said courts shall have the power to compel the attendance Court ma
compel attend of witnesses, both upon the part of the carrier and the ance and testishipper, who shall be required to answer on all subjects and production of relating directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the carrier and shipper, which relate directly or indirectly to such transaction; the claim that such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such person from testifying or such corporation producing its books and papers, but no person shall be prosecuted or subjected to Immunity. any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence documentary or otherwise in such proceeding: Provided, That the provisions of an Act entitled “ An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled ' An Act to protect trade and commerce
mony of witnesses
books and papers.
Expediting Act against unlawful restraints and monopolies,' 'An Act applicable to cases prosecuted to regulate commerce,' approved February fourth, eightof Attorney Gen; een hundred and eighty-seven, or any other Acts having
a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three,” shal apply to any case prosecuted under the direction of the Attorney General in the name of the Interstate Com
merce Commission. Conflicting laws SEC. 4. That all Acts and parts of Acts in conflict with repealed.
the provisions of this Act are hereby repealed, but such repeal shall not affect causes now pending nor rights which have already accrued, but such causes shall be prosecuted to a conclusion and such rights enforced in a manner heretofore provided by law and as modified br the provisions of this Act.
Sec. 5. That this Act shall take effect from its passage from passage.
[See additional provisions in Act of June 29, 1906, ante, page 80.]
COMPULSORY TESTIMONY ACT
[Feb. 11, 1893.) 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.
Be it enacted by the Senate and House of RepresentaNo person to be tives of the United States of America in Congress assemtifying by fear of bled, That no person shall be excused from attending
and testifying or from producing books, papers, tariffs,
contracts, agreements and documents before the Inter27 Stat. L., 443. state Commerce Commission, or in obedience to the sub
pæna of the Commission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the Act of Congress, entitled “ An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person
shall be prosecuted or subjected to any penalty or forImmunity.
feiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpæna of either of them, or in any such case or proceeding: Pro- pupper may be
punished. vided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the sub- pæna or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine Penalty. not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment.
IMMUNITY OF WITNESSES ACT
[June 30, 1906.)
AN ACT Defining the right of immunity of witnesses under the Act
entitled "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, and an Act entitled "An Act to establish the Department of Commerce and Labor," approved February fourteenth, nineteen hundred and three, and an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and an Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes," approved February twenty-fifth, nineteen hundred and three.
Be it enacted by the Senate and House of Representa- 34 Stat. L.,798. tives of the United States of America in Congress assembled, That under the immunity provisions in the Act entitled "An Act in relation to testimony before the In
terstate Commerce Commission,” and so forth, approved Immunity lim; ( February eleventh, eighteen hundred and ninety-three, persons who give el in section six of the Act entitled “An Act to establish the subpæna and un
Department of Commerce and Labor," approved Febru- der oath,
ary fourteenth, nineteen hundred and three, and in the | Act entitled “An Act to further regulate commerce with