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corresponding thereto, of any State or Territory, that he has examined the facts, and in his opinion the complaint is well founded, the commission is hereby required to entertain and investigate the same. In all other cases the commission shall decide whether or not the petition ought to be proceeded with. The commission may, if they think fit, before requiring or permitting any formal proceedings to be taken on any petition, communicate the same to the railroad company against whom it is made, so as to afford them an opportunity of making such observations or taking such action thereon as they may think fit. The commission shall have power, and in a proper case is required, to cause a copy of the petition to be served upon the railroad company complained against, and to issue a notice requiring such company to appear before the commission and answer the said petition. The answer shall be in writing. After the answer is filed it shall then be lawful for the commission, if it shall think fit, to direct and prosecute, in such mode and by such persons or means as it shall think proper, all such inquiries into matters of fact as may be deemed necessary to enable the commission to form a just conclusion in respect of the matters of said petition. All the proceedings before said commission shall be directed by and under general orders, which shall secure to all persons interested reasonable notice and opportunity to be heard. If it shall be made to appear to the satisfaction of the commission, either by the testimony of witnesses or other evidence adduced before it, or by the report of any person to whom the commission may have referred the inquiry, or any part thereof, that anything has been done or omitted to be done in contravention or violation of this act, by any railroad company or person so upon due and proper notice proceeded against, it shall be the duty of such commission to make and record its report in writing in respect of any such contravention or violation of this act, which report shall comprise and embrace the findings of the comunission upon and in respect of all questions of fact in issue or involved in such proceedings. Within a reasonable time, not to exceed twenty days, after such report and findings are made by the commission, it shall cause a copy thereof to be served upon or delivered to the railroad company so found to have violated this act, to which shall be appended a notice to be issued by said commission to such company forth with to cease and desist from such violation; and also to deliver to the district attorney of the United States for the district in which the act complained of occurred another copy of such report, findings, and notice.
SEC, 11. That upon notice that any such railroad company has neglected or refused to conform to the decision of said commission, and to desist from such violation or contravention of this act, it shall be the duty ofsuch district attorney to apply by petition, in the name of the party aggrieved, to the circuit court of the United States for such district, for, and it shall be the duty of such court to grant, an order upon such railroad company to show cause why suh company should not be enjoined and restrained against the continuance of such violation, and for such other order and relief in the premises as may be just and proper. For the purpose of making any order or decree in the premises, final or otherwise, such court shall be always open, and the day on wlich any such order or decree is made shall be a special term of such court. Upon the service and return of such order to show cause, and notice to the parties interested, such court shall proceed in a summary manner to ascertain whether the said report and findings are true; and whenever said court shall be of opinion that such company has done or is doing any act in violation or contravention of this act ini said report and findings describer, it shall so adjudge; ind it then shall be the duty of said court forthwith to issue a writ of injunction requiring such railroad company to desist from such violation, and in respect of the matters in said report contained to conform to all obey all the provisions of said act. Such court may entorce obedience to any such injumction, order, or decree, by any person or party, by fine, proceedings for contempt, and all other means within its lawful jurisdiction sitting as a court of equity. Any person interested to restrain such violation may, on application to the court, be allowed to appear and be heard, by himself or counsel: and upon proof that any district attorney has failed in any proper case for the period of ten days to apply for such order to show cause, the court may permit such application to be made and prosecuted to effect by or in behalf of any person so interested. Such court may, in its discretion, award or veny costs to any party to such proceeding. In any case where the court shall a ljudge that the violation of this act by any company has been willful, or continued after notice to desist therefrom, the court may award to any party injured such a gross sum by way of costs as will reimburse all his costs charges, expenses, counsel fees, and disbursements, to be paid by such company
SEC. 12. That the commission may make, and from time to time amend, such general orders as may be requisite for the order and regulation of proceedings before it, including all forms for proceeding, notices and the service thereof, and for the prescribing, directing, or regulating any matters authorized by this
act. All the proceedings before said commission shall be upon reasonable notice to all parties interested, and such forms sliall conform as nearly as may be to those in use in the courts of the United States. Any party may appear and be heard in person or by attorney.
SEC. 13. That for the purposes of this act the commission shall, subject as in this act mentioned, have full power to ascertain and report upon all questions of fact arising under this act, and shall also have the powers following:
(a) They may, by subpæna or order to be served by a person by them authorized, require the attendance of witnesses, and of all such persons as they think fit to call before them, or before any person by them authorized to prosecute an inquiry.
(b) They may require the production of all books, papers, and documents relating to any matter before them, and to that end may invoke the aid of any court of the United States. (c) Either of thom may administer oaths and affirmations. SEC. 14. That the principal office of the commission shall be in the city of Washington, where its general session shall be held and its records and archives be deposited. Whenever the convenience of the public or of the parties may be promoted, or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. It may, by one or more of the commissioners, or one of the persons named in the ninth section hereof, or by any person specially appointed by the commission, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter orquestion of fact, and may specially delegate to the officer or person conducting such inquiry such powers to that end as are by this act conferred upon the commis. sion and may be deemed necessary. Every vote and official act of either of the commissioners shall be entered of record. The commission may conduct its proceedings in such a manner as will most conduce to the dispatch of business and to justice; they may sit together or separately, and either in private or public, but any proceeding before them shall be public upon the request of either party thereto; and a majority of said cominission may determine any question submitted. The commission shull prescribe a railroad year, and a system of reports covering said year to be rendered by railroad companies; examine the books and accounts of said companies at such times as may be deemed by them necessary ; see that all United States laws relating to said companies are enforced ; furnish such information to the several Departments of the Government, or the Government directors of any of said railroads, in regard to the tariffs of fares and freight, or the accounts of said railroads, as may be required of them or as they may deem expedient; make an annual report of their doings to Congress on or before the 1st day of January of each year, and otherwise endeavor to procure the data necessary to the gradual enactment of an intelligent system of national legislation regulating interstate railroad commerce.
SEC. 15. That the Secretary of the Interior shall provide suitable offices and a room for the public sessions of the commission in the city of Washington. Witnesses summoned before the commission shall be paid the same fees as witnesses in the Federal courts, and depositions de bene esse and under commission may be taken to be used before the commission in the same manner and upon the same conditions as in such courts. The salaries and expenses of the commission shall be provided for, audited, and paid in the same manner as the salaries of judges and other judicial expenses.
Sec. 16. That said board of commissioners shall inquire into that method of railroad management or combination known as pooling, and state the result of their inquiry in their first annual report, and whether, in their judgment, any, and if so what, legislation is expedient in relation thereto.
Sec. 17. That nothing in this act shall apply to the carriage, storage, or handling of property wholly within one State or Territory and not destined for con. tinuous carriage beyond such State or Territory, or to property carried for the United States, or to the transportation of persons or articles free or at reduced rates for State or municipal governments or for charitable purposes, or to or from public fairs and expositions for exhibition thereat.
SEC. 18. That in the construction of this act the phrases “railroad corporation" and " railroad company "shall be held to be synonymous, and to signify a corporation which either owns or operates a railroad as aforesaid, and shall include receivers, lessees, and trustees operating railroads, and all persons named in the first section of this act. The word " person" in this act includes plurality of persons, corporate and incorporate, and all persons in any manner engaged in interstate railway commerce in whatever capacity, whether as principals, agents, or employés.
SEC. 19. That the sum of $40,000, or so much thereof as may be necessary, is hereby appropriated for the uses and purposes of this act for the fiscal year ending June 30, A. D. 1885, and the intervening time anterior thereto.
Mr. REAGAN's proposed substitute: A bill to regulate interstate commerce and to prohibit unjust discriminations
by common carriers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad from one State or Territory to or through one or more other States or Territories of the United States, or to or from any foreign country, directly or indirectly to charge to or receive from any person or persons any greater or less rate or amount of freight, compensation, or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering, storing, or handling of the same. charges for such services shall be reasonable. And all persons engaged as aforesaid shall furnish, without discrimination, the same facilities for the carriage, receiving, delivery, storage, and handling of all property of like character carried by him or them, and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. So break, stoppage, or interruption, nor any contract, agreement, or understanding, shall be made to prevent the carriage of any property from being and being treated as one continuous carriage, in the meaning of this act, from the place of shipment to the place of destination, unless such stoppage, interruption, contract, arrangement, or understanding was made in good faith for some practical and necessary purpose, without any intent to avoid or interrupt such continuous carriage or to evade any of the provisions of this act.
SEC, 2. That it shall be unlawiul for any person or persons engaged in the transportation of property as aforesaid directly or indirectly to allow any rebate, drawback, or other advantage, in any form, upon shipments made or services rendered as aforesaid by him or them.
SEC. 3. That it shall be unlawful for any person or persons engaged in the carriage, receiving, storage, or handling of property as mentioned in the first section of this act to enter into any combination, contract, or agreement, by changes of schedule, carriage in different cars, or by any other means, with intent to prevent the carriage of such property from being continuous from the place of shipment to the place of destination, whether carried on one or several railroads. And it shall be unlawful for any person or persons carrying property as aforesaid to enter into any contract, agreement, or combination for the pooling of freights, or to pool the freights, of different and competing railroads, by dividing between them the aggregate or net proceeds of the earnings of such railroads, or any portion of them.
SEC. 4. That it shall be unlawful for any person or persons engaged in the transportation of property as provided in the first section of this act to charge or receive any greater compensation for a similar amount and kind of property, for carrying, receiving, storing, forwarding, or handling the same, for a shorter than for a longer distance on any one railroad; and the road of a corporation shall include all the road in use by such corporation, whether owned or operated by it under a contract, agreement, or lease by such corporation.
SEC. 5, That all persons engaged in carrying property as provided in the first section of this act shall adopt and keep posted up schedules which shall plainly state: First. The different kinds and classes of property to be carried. Second. The different places between which such property shall be carried. Third. The rates of freight and prices of carriage between such places, and for all services connected with the receiving, delivery, loading, unloading, storing, or handling the same. And the accounts for such service shall show what part of the charges are for transportation, and what part are for loading, unloading, and other terminal facilities.
Such schedules inay be changed from time to time as hereinafter provided. Copies of such schedules shall be printed in plain, large type, at least the size of ordinary pica, and shall be kept plainly posted for public inspection in at Jeast two places in every depot where freights are received or delivered; and no such schedule shall be changed in any particular except by the substitution of another schedule containing the specifications above required, which substitute schedule sball plainly state the time when it shall go into effect, and copies of which, printed as aforesaid, shall be posted as above provided at least five days before the same shall go into effect; and the same shall remain in force until another schedule shall as aforesaid be substituted. And it shall be unlawful for any person or persons engaged in carrying property on railroads as aforesaid, after thirty days after the passage of this act, to charge or receive more or less compensation for the carriage, receiving. delivery, loading, unloading, handling, or storing of any of the property contemplated by the first section of this act than shall be specified in such schedule as may at the time be in force.
Sec. 6. That each and all of the provisions of this act shall apply to all property, and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same, on one actually or substantially continuous carriage, or as part of such continuous varriage, as provided for in the tirst section of this act, and the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads, and whether such services are performed or compensation paid or received by or to one person alone or in connection with another or other persons.
SEC. 7. That ench and every act, matter, or thing in this act declared to be unlawful is hereby prohibited; and in case any person or persons as defined in this act, engaged as aforesaid, shall do, sutter, or permit to be done any act, matter, or thing in this act prohibited or forbidden, or shall omit to do any act, matter, or thing in this act required to be done, or shall be guilty of any violation of the provisions of this act, such person or persons shall forfeit and pay to the person or persons who may sustain damage thereby a sum equal to three times the amount of the damages so sustained, to be recovered by the person or persons so damaged by suit in any State or United States court of competent jurisdiction where the person or persons causing such damage can be found or may have an agent, office, or place of business, and if the court before which any such action is tried shall be of opinion that the violation of the law wils wilful, it shall make an allowance, by way of additional costs, to the party injured sufficient to cover all his comsel and attorney lees. Any action to be brought as aforesaid may be considered, and if so brought shall be regarded, as a subject of equity jurisdiction and discovery, and affirmative relief may be sought and obtained iherein. In any such action so brought as a case of equitable cognizance as aforesaid, any director, officer, receiver, or trustee of any corporation or company aforesaid, or any receiver, trustee, or person aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or of any of them, alone or with any other person or persons, party or parties, may and shall be compelled to attend, appear, and testify and give evidence and no claim that any such testimony or evidence might or might not tend to criminate the person testifying or giving evidence shall be of any avail, but such evidence or testimony shall not be used as against such person on the trial of any indictment against him. The attendance and appearance of any of the persons who us aforesaid may be compelled to appear or testify, and the giving of the testimony or evidence by the same, respectively, and the produktion of books and papers therehy, may anı shall be compelled the same as in the case of any other witness; and in case any deposition or evidence, or the production of any books or papers, may be desired or required for the purpose of applying for or sustaining any such action, the same, and the production of books and papers, may and shall be had, taken, and compellexi by or before any United States commissioner, or in any manner provided or to be provided for as to the taking of other depositions or evidence, or the attendance of witnesses, or the production of other books or papers, in or by chapter 17 of title 13 of the Revised Statutes of the United States. No action afore-airshall be sustained unless brought within one year after the cause of action sinull accrue, or within one year after the party complaining shall have come to a knowledge of his right of action. And as nimy causes of auction as may acerue within the year may be joined in the same sulit or complaint.
SEC & Thai any director or onlicer of any corporation or company acting or engaged as afore sud, or any receiver or trustee, lensee, or person acting or engaged 14 aforemui, or any agent of any such corporation or company, receiver, irusice, or personaforesaid, or of one of them alone, or with any other corporation, company, person, or party, who shall willfully do or cause or willingly suiler or permit to be done, any act, water, or thing in this act prohibited or forbidden, or who shall aid or abuzilereit, or shall willfully omit or failiosio any act, matter, or thing in this act required to be done, or enuse or willingly suffer or permit any act, matter, or thing so directed or required by this net to be done not to be so done, or shall aid or abset any such omission or failure, or shall beguilty of any infraction of this aet, or aid or abet therein, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be tined not less than 1,000.
Sec. 9. That nothing in this act shail apply to the carriage receiving, storage, handling, or forwarding of property wholly within one State, and not shipped from or destined to some foreign country or other State or Trritory; nor shall it apply to property carried for the United States at lower rates of freight and charges than for the general public, or to the transportation of articles free or at reduced rates of freight for charitable purposes, or to or from public fairs and expositions for exhibition.
SEC10. That the words “person or persons" as used in this aci, except where otherwise provided, shall be construed and held to mean person or prons officer or officers, corporation or corporations, company or companies, rerciver or receivers, trustee or trustees, leskee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this act.
During-the reading of the bill and substitute the following proceedings took place:
Mr. REAGAN (interrupting the reading). I would suggest that by unanimous consent the reading of the bill and substitute be omitted, and that they be published in the RECORD.
Mr. O'NEILL, of Pennsylvania. This is a most important bill, and ought to be read.
The SPEAKER pro tempore (Mr. CRISP in the chair). Does the gentleman from Pennsylvania object ?
Mr. O'NEILL, of Pennsylvania. I do.
Mr. REAGAN. Mr. Speaker, the subject-matter to which the bill just read relates is of perhaps as great moment to the country as any other that can be brought to the attention of the Congress of the United States. This will be realized when it is considered that it relates to regulations affecting 125,000 miles of railroad in the carrying of the commerce-what is denominated the interstate commerce of the country-an amount of commerce certainly not less than $10,000,000,000 annually. I do not propose, however, this afternoon to enter into the general discussion of the subject.
There are two bills pending before the House: one the bill authorized by the committee, the other a substitute offered by myself as a member of the committee. I thought that perhaps this evening I had better avoid any general discussion of the measure in its constitutional aspectavoid any discussion of the constitutional authority of Congress over the subject, and simply call the attention of the members of' the House briefly to the most clearly defined differences between the two bills. The committee's bill has good provisions in it. It has provisions that commanded the approval of a majority of the committee. It will be for the House when the subject is presented to determine whether it also meets the approval of the House or whether it desires a bill in some other form.
The seventh section of the committee's bill makes the penalty for a violation of its provisions not more than $1,000, and provides that the provisions of this section shall not apply to violations of the provisions of the first section of the bill. The first section of the bill provides:
That all charges by any person or persons engaged alone or associated with others in the transportation of property by railro.id from one Stuteor Territory to or through one or more other States or Territories of the United States, or to or from any foreign country, shall be reasonable for such service.
The only provision in the first section of the bill to which this relates is that the charges shall be reasonable. The committee's bill in fixing the penal part of the bill expressly exempts the first section from its operation and, therefore, charges which are unreasonable and onerous, unjust or exorbitant, may be made without penalty and without a remedy upon the criminal docket against the offending party.
The substitute bill by its eighth section provides that all violations of its provisions are made penal, and the tine in any case shall be not less than $1,000. There are two differences between the two sections. The committee's hill makes the penalty not more than $1,000, while the substitute bill makes the penalty not less than $1,000. The committee's bill exempts the question as to the unreasonableness of the charges from the op ation of the penal provision, while the substitute bill makes a violation of that provision a penal offense as well as the violation of any other provision of the bill.