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TEMPORARY QUARTERS OF THE BUREAU OF CORPORATIONS, BUILDERS' EXCHANGE BUILDING, MARCH 16 TO JUNE 16, 1903

CHAPTER IV
BUREAU OF CORPORATIONS

(32 Stat., 827.)

missioner.

a There shall be in the Department of Commerce and Feb. 14, 1903. Labor a bureau to be called the Bureau of Corporations, Sec. 6. and a Commissioner of Corporations who shall be the Commissioner. head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in said bureau a deputy com- Deputy Com.

missioner. missioner, who shall receive a salary of three thousand five hundred dollars per annum, and who shall in the absence of the Commissioner act as, and perform the duties of, the Commissioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said bureau a chief Employees. clerk and such special agents, clerks, and other employees as may be authorized by law.

The said Commissioner shall have power and authority Duties of Comto make, under the direction and control of the Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and management of the business of any corporation, joint stock company or corporate combination engaged in commerce among the several States and with foreign nations excepting common carriers subject to "An act to regulate commerce," approved February Corporations fourth, eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the C'nited States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained or as much thereof as the President may direct shall be made public.

In order to accomplish the purposes declared in the fore- Power of Comgoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, joint stock companies and combinations subject to the provisions hereof, as is conferred on the Interstate Commerce Commission in said “Act to regulate commerce" and the amendments thereto in respect to common carriers so far as the same may be applicable, including the right to subpoena and compel the attendance and testimony of witnesses and the production of documentary w

Luation of demonto ir Testimony and evidence and to administer oaths. All the requirements, obligations, liabilities, and immunities imposed or conferred by said "Act to regulate commerce” and by “An Act in

missioner

witnesses.

a The personnel of the Bureau is provided in appropriation act on page 32.

27628-04- 17

49

compiled.

porutions

Sec. 1 in part.

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relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, supplemental to said "Act to regulate commerce," shall also apply to all persons who may be subpernaed to testify as witnesses or to produce documentary evidence in pursuance of the authority con

ferred by this section. Useful infor- It shall also be the province and duty of said bureau, mation... to be under the direction of the Secretary of Commerce and

Labor, to gather, compile, publish, and supply useful information concerning corporations doing business within the limits of the United States as shall engage in interstate

commerce or in commerce between the United States and Insurance cor- any foreign country, including corporations engaged in

insurance, and to attend to such other duties as may be hereafter provided by law.

I REGULATION OF COMMERCE Carriers and The provisions of this act shall apply to any common transportation affected carrier or carriers engaged in the transportation of pasFeb. k. 1887. Emstal, 379.) sengers or property wholly by railroad, or partly by rail

road and partly by water when both are used, under a
common control, management, or arrangement, for a con-
tinuous carriage or shipment, from one State or Territory
of the United States, or the District of Columbia, to any
other State or Territory of the United States, or the Dis-
trict of Columbia, or from any place in the United States
to an adjacent foreign country, or from any place in the
C'nited States through a foreign country to any other place
in the United States, and also to the transportation in like
manner of property shipped from any place in the United
States to a foreign country and carried from such place to
a port of transshipment, or shipped from a foreign coun-
try to any place in the United States and carried to such
place from a port of entry either in the l'nited States or
an adjacent foreign country: Provided, however, That the
provisions of this act shall not apply to the transportation
of passengers or property, or to the receiving, delivering,
storage, or bandling of property, wholly within one State,
and not shipped to or from a foreign country from or to

any State or Territory as aforesaid. Railroad" The term “ railroad" as used in this act shall include all tion” detined. bridges and ferries used or operated in connection with any

railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term 'transportation"

shall include all instrumentalities of shipment or carriage. Copies of sched- Every common carrier subject to the provisions of this

act shall file with the Commission hereinafter provided for as minded War: copies of its schedules of rates, fares, and charges which

bet es have been established and published in compliance with (25 Stat., 855.)

the requirements of this section, and shall promptly notify said Commission of all changes made in the sanie. Every

a The portions of the interstate-commerce laws, here given, are evidently applicable to the Bureau of Corporations.

and transporta

ules of rates
filed.
Sr. 6 in part,

2, 1989.

Copies of con

* may prescribe

ules of rates.

rates.

such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with a other common carriers in relation to any traffic affected by tracts filed. the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. * * *

The Commission may determine and prescribe the form Commission in which the schedules required by this section * * * forms of schedshall be prepared and arranged, and may change the form ules from time to time as shall be found expedient.

If any such common carrier shall neglect or refuse to file * * * its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties Penalties for herein prescribed, be subject to a writ of mandamus, to neglect to file be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act.

violations of act.

2. 1899.

Any common carrier subject to the provisions of this Penalties for act, or, whenever such common carrier is a corporation, Scc. 10. in part any director or officer thereof, or any receiver, trustee, as comandel Mar. lessee, agent, or person, acting for or employed by such (25 Stat., 857.) corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet 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. * * *

duty of (ommis- . sion.

amanded Mar.

(75 Stat., 8.58.)

(26 Stat., 743.)

penses of prosecution.

Power to re

ance, etc.

Power and The Commission hereby created shall have authority to

inquire into the management of the business of all common

18 carriers subject to the provisions of this act, and shall keep 1859.

w e itself informed as to the manner and method in which the Feb. 10, 1891. 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 District attor- request of the Commission, it shall be the duty of any ney to prosecute. district attorney of the United States to whom the Com

mission 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 enforce

ment of the provisions of this act, and for the punishment Costs and ex-of all violations thereof; and the costs and expenses of such

prosecution shall be paid out of the appropriation for the quire attend- expenses of the courts of the United States; and for the

purposes of this act the Commission shall have power to require, by subparna, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any

matter under investigation. Aid of courts to 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 subpona 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 provi

sions of this section. Penalty fordis. 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

compel witnesses to attend.

obedience.

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