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compensation than is set forth and specified in such published rates, fares, charges, and classifications, until the same shall have been changed as hereinafter provided. But nothing in this act shall prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employés. No advance in such published rates, fares, charges, and classifications shall be made except after ten days' public notice, but reductions in the same may be made without previous public notice; and the commission shall prescribe the manner in which notice of advances and reductions in such published rates, fares, charges, and of changes in classifications shall be given.
In cases where passengers and freight traffic pass over 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, it shall be deemed a compliance with the requirements of this section in respect to the filing of such tariffs if copies of such joint tariffs shall be filed by any one of said common carriers, and the same shall then be published by the common carriers who are parties thereto, in compliance with the provisions of this section; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier party thereto to observe and adhere to the rates, fares, or charges thus made and published.
If any common carrier shall neglect or refuse to file or publish its tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall be subject to a writ of mandamus, to be issued by any circuit court of the United States within the jurisdiction where the principal office of said common carrier is situated, 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 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; and for any willful violation or failure to comply with the aforesaid provisions of this section the court may award such costs, including counsel fees, by way of penalty, on the return of said writs, and after due deliberation thereon, to the commissioners aforesaid, as may be just.
SEC. 6. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.
SEC. 7. That any common carrier who shall willfully do, cause to be done, or permit to be done any of the acts, matters, or things in this act declared to be unlawful shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within whose jurisdiction such offense was committed, be subjeet to a fine of not more than $5,000 for each offense: Provided, however, That whenever such common carrier is a corporation, any officer, agent, or person connected therewith who shall be guilty of any such violation of this act shall be personally liable as and for a misdemeanor, and, upon conviction thereof in any district court of the United States within whose jurisdiction such offense was committed, shall be subject to a fine of not more than $5,000 for each offense.
SEC. 8. That for the purpose of providing for the regulation of commerce among the several States and Territories, and to carry into effect and execute the provisions of this act a commission is hereby created and established to be known as the interstate commerce commission, which shall be composed of nine commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be selected from each judicial circuit of the United States. Three of the commissioners first appointed under this act shall continue in office for terms of two years, three for four years, and three for six years, the respective terms to be designated by the Pres
ident; 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 term of the commissioner whom he shall succeed. Any commissioner may be removed by the President for incompetency or malfeasance in office. Vacancies occasioned by removal, resignation, or other cause shall be filled by the President by and with the advice and consent of the Senate. And not more than five shall belong to the same political party. Said commissioners shall be first appointed within thirty days after the passage of this act, and shall be legal residents of the State from which they shall respectively be appointed. At least three of the commissioners to be first appointed under this act shall be experienced in railroad affairs, and at least three of their number shall be learned in the law, and at least three of their number shall be experienced in commercial or agricultural business. And no person in the employ of or holding any official relation to any railroad company or other transportation company or corporation, or who is in any manner interested in any firin or corporation having business relations with any railroad or other transportation company or corporation, or who is engaged in any other business vocation, shall be eligible to act as a commissioner. Said cominissioners shall, before entering upon their duties as such, take and subscribe the constitutional oath of office and be sworn to the due and faithful performance of the duties thereof; and any five of said commissioners shall constitute a quorum for the transaction of any of the duties or business of said commission, and may hold meetings thereof at any time or place within the United States or Territories and in the District of Columbia. All examinations or investigations provided for by this act may be held and taken by and before any one of said commissioners if so ordered and directed by said commission, but the proceedings and decisions of said single commissioner therein shall not be deemed final and conclusive until approved and confirmed by said commission.
SEC. 9. That the commission hereby created shall have authority to inquire into the management 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 which the 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 for the purposes of this act the commission shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end 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 said court as for a contempt thereof. SEC. 10. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body-politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be speci fied by the commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the commission to investigate the matters complained of in such manner and by such means as it shall deem
Said commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made.
Said commission may in like manner investigate any differences, disagreements, controversies, or disputes that may at any time exist or arise between any railroad company or corporation and the employés thereof, and in case of any differences or disagreements involving the hours of, or the compensation for, labor by the employés of any railroad company or corporation, said commission
shall immediately upon receipt by them, from a duly recognized representative of such employés of any such railroad corporation or company of a statement in writing of the differences existing and of the demands or requests made, proeeed to investigate and determine the same, exercising therefor all the powers conferred by section 9 of this act, and the decision or award of such commission shall relate back to the date when such differences arose: Provided, Such employés shall not, pending such investigation, obstruct or prevent the usual operation of such railroad and the prosecution of the business thereof as fully and freely as if no differences existed.
No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
SEC. 11. 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 include the findings of fact upon which the conclusions of the commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. 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 may have been complained of.
SEC. 12. That if in any case in which an investigation shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or of any law cognizable by said commission, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the commission; and if, within the time specified, it shall be made to appear to the commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law.
SEC. 13. Whenever any common carrier, as defined in and subject to the provisions of this act, shall violate or refuse or neglect to obey any lawful order or requirement of the commission in this act named, it shall be the duty of the commission, and lawful for any company or person interested in such order or requirement, to apply, in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the mat er speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said commission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court, on such hearing or on report of any such person or persons, that the lawful order or requirement of said commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers, or agents, of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an
order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of $500 for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. When the subject in dispute shall be of the value of $2,000 or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be filed or presented by the commission it shall be the duty of the district attorney, under the direction of the Attorney-General of the United States, to prosecute the same; and the cost and expenses of such prosecution shall be paid out of the appropriation for the expenses for the courts of the United States. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session. SEC. 14. That the commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commission shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said commission and be heard, in person or by attorney. Every vote and official act of the commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said commission shall have an official seal, which shall be judicially noticed. Either of the members of the commission may administer oaths and affirmations.
SEO. 15. That each commissioner shall receive an annual salary of $7,500, payable in the same manner as the salaries of judges of the courts of the United States. The commission shall appoint a secretary, who shall receive an annual salary of $3,500, payable in like manner. The commission shall have authority to employ and fix the compensation of such other employés as it may find necessary to the proper performance of its duties, subject to the approval of the Secretary of the Interior.
The commission shall be furnished by the Secretary of the Interior with suitable offices and all necessary office supplies. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. All of the expenses of the commission, including all necessary traveling expenses incurred by the commissioners, or by their employés under their orders, in making any investigation in any other places than in the city of Washington, shall be allowed and paid, on the presentation of itemized vouchers therefor approved by the chairman of the commission and the Secretary of the Interior.
SEC. 16. That the principal office of the commission shall be in the city of Washington, where its general sessions shall be held; but 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, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.
SEC. 17. That the commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and 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 floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of employés and the salaries paid each class; 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 with other common carriers, as the commission may require; and the said commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if, in the opinion of the commission, it is practicable to prescribe such uniformity and methods of keeping accounts) 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. But said commission shall not be required to give publicity to such information, contracts, agreements, leases, or other engagements if in their judgment the public interests do not require it or the welfare of any railway company or corporation might be thereby otherwise injuriously affected, unless thereto required by either House of Congress.
SEC. 18. That the commission shall, on or before the 1st day of December in each year, make a report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other reports issued from the Interior Department. This report shall contain such information and data collected by the commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the commission may deem necessary.
SEC. 19. That the said commission shall specially inquire into that method of railroad management or combination known as pooling, and shall report to Congress, what, if any, legislation is advisable and expedient upon that subject. SEC. 20. That nothing in this act shall apply to the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion; and nothing in this act contained shall in any way abridge or alter the remedies now at law provided, but the provisions of this act are in addition to such remedies. But no person, association, or corporation shall at the same time prosecute any complaint before said commission and pursue his or its remedy at law; and lodging a complaint before such commission shall suspend, until the same is disposed of, the common-law remedy; and it is expressly provided that no pending litigation between railroad companies shall in any way be affected by this act: Provided. That the time when any common-law remedy shall be suspended under this section shall not be counted under any statute of limitation against such remedy.
SEC. 21. That no person or corporation shall have authority to engage in interstate commerce after three months from the passage of this act without having procured a license for that purpose from the board of commissioners herein provided for, and one of the conditions of such license shall be the acceptance of this act by such person or corporation, and of such regulations as said board may lawfully make in pursuance thereof. And where any route over which interstate commerce shall be carried between the several States and Territories of the United States includes as a part thereof a railway or water route outside of the United States, no license shall issue for the transportation of interstate commerce over such route, unless the railway company or companies controlling the portions of such route situated within the United States become responsible for and guarantee the observance by those controlling the portion of the route outside thereof of the terms and conditions of such license. And when any transportation company or companies shall carry traffic between any points over a route or routes located entirely within one State in competition with other companies whose lines between said points are located in more than one State, such company shall, as a condition-precedent to the granting of such license, agree to establish the rates between such points and post schedules thereof in the manner prescribed in, and be subject to the provisions of the sixth section of this act. Such license shall be renewable each year, and may be suspended by the said board for cause after full hearing, and upon the final judg ment of a court of competent jurisdiction may be revoked by the said board for a violation of its terms or of the provisions of this act: Provided, That the provisions of this act shall not apply to passenger traffic.
SEC. 22. That the sum of $150,000 is hereby appropriated for the use and purposes of this act for the fiscal year ending June 30, A. D. 1887, and the intervening time anterior thereto.
Passed the Senate May 12, 1886.
ANSON G. McCOOK, Secretary.