time to time sought to secure legislation to secure this defect, and have urged upon Congress the necessity of reasonable legislation to clothe the Commission with power to fix rates where it has been shown, upon pleadings and evidence before the Commission, that a given rate complained of was unreasonable and unjust. A number of bills are now before Congress having this end in view. See post, under head of "Pending Legislation," page 192.

Power of Congress to Create the Commission-Eleventh Section Constitutional. Congress, under the grant of power to regulate commerce among the several States and with foreign nations, may create an administrative body with authority to investigate the subject of interstate commerce with power to call witnesses before it and require the production of books, documents, and papers relating to the subject. A proceeding by such a body, whereby the aid of a Circuit Court of the United States is invoked to compel witnesses to appear and testify, and to make an order requiring them to do so, is not merely advisory in its nature, but constitutes a judicial proceeding, notwithstanding the fact that the effect of the proceeding is to aid a body whose duties are administrative and executive only in the performance of duties imposed upon it by Congress. Interstate Com. Co. v. Brimson, 154 U. S. 447.

For further discussion of the powers and duties of the Interstate Commerce Commission and the authorities relating thereto, sce infra, § 12.

The Commission is a Corporation. The Interstate Commerce Commission is a body corporate capable of suing and being sued by and in its corporate name and not in the individual names of the persons composing it. Texas Railway v. Interstate Com. Co., 162 U. S. 197.

§ 12. Commission may Prosecute through United States District Attorney. 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

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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 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.

Witnesses Attendance Compulsory. 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 subpœna 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.

Penalty for Disobedience of Witness.-And any 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.

Testimony Taken by Deposition.-The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in 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,

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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 be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

Deposition, how Taken.- Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.

Foreign Witnesses - Fees. If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission.

Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (As amended March 2, 1889, and February 10,

§ 12 Supplemented — Relating to Testimony - Act Approved February 11, 1893.— The authority embraced in section twelve of the Interstate Commerce Act, conferring power upon the Commission, with respect to investigations and inquiries, and the attendance of witnesses and the production of books and papers before it, was enlarged and extended by an act of Congress, approved February 11, 1893, chap. 83, entitled "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 4, 1887, and amendments thereto." The provisions of this supplemental Act are as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person [Immunity of Witnesses] shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in obedience to the subpoena 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 eighty-seven, 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 forfeiture 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 subpoena of either of them, or in any such case or