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 rinety-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 Representatives of the United States of America in Congress assemhled, That under the immunity provisions in 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, in section six of the Act entitled "An Act to establish the Department of Commerce and Labor," approved February fourteenth, nineteen hundred and three, and in the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and in the Act entitled "An Act making appropriations for the legis lative, 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, immunity shall extend only to a natural person who, in obedience natural persons wno give testito a subpœna, gives testimony under oath or produces mony under subevidence, documentary or otherwise, under oath.

Public No. 389, approved June 30, 1906.

Immunity extends only to

pœna.

AN ACT To further regulate commerce with foreign nations and among the States.

Carrier cornoration as well as

officer or agent

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as sembled, SEc. 1. (As amended June 29, 1906.) That tion for misdeanything done or omitted to be done by a corporation

liable to convic

meanor.

common carrier, subject to the act to regulate commerce and the acts amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said acts or under this act, shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said acts or by this act with reference to such persons, except as such penalFailure of car- ties are herein changed. The willful failure upon the

Penalty.

rier to publish

rates or observe

meanor.

tariffs a misde- part of any carrier subject to said acts to file and publish the tariffs or rates and charges as required by said acts, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dollars nor more than twenty thousand dollars for each offense; and it shall be Misdemea nor unlawful for any person, persons, or corporation to offer,

Penalty, fine.

to offer, grant, give, solicit, ac

any rebate from

or other conces

nation.

cept, or receive grant, or give, or to solicit, accept or receive any rebate, nublished rates concession, or discrimination in respect to the transpor slon or discrimi- tation of any property in interstate or foreign commerce by any common carrier subject to said act to regulate commerce and the acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said act to regulate commerce and the acts amendatory thereof, or whereby any other advantage is given or discrimination is practised. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdeimprisonment, or meanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars: Provided, That any person, or any officer or director of any corporation subject to the provisions of this act, or the act to regulate commerce

Penalty, fine or

both.

and the acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed, or through which Judicial disthe transportation may have been conducted; and when- cases ever 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.

trict in which may be

prosecuted.

Act of officer or agent to be of carrier.

In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or also deemed act 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 commerce or acts amendatory thereof, or participates in any rates so filed or published, that rate as against such 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 property for interstate transportation to any common carrier, subject to the provisions of this act, or for whom, as consignor or consignee, any such carrier shall transport property from one State, Territory, or the District of Columbia, to any other State, Territory, or the District

Rates filed or participated in by carrier shall,

as against such carrier, be

deemed legal

rate.

addition to other prescribed penalty, of three times amount of

of consideration

shall be paid to

States.

Attorney-Gencral to collect such forfeiture by civil action.

of Columbia, or foreign country, who shall knowingly by employee, agent, officer, or otherwise, directly or indi rectly, 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 in for in this act, shall in addition to any penalty provided by this act forfeit to the United States a sum of money money and value three times the amount of money so received or accepted illegally received and three times the value of any other consideration so the United received or accepted, to be ascertained by the trial court; and the Attorney-General of the United States is authorized and directed, whenever he has reasonable 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 aforesaid, 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 covered period of six years prior to the commencement of the prior to com action may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be.

to be six years

mencement

action.

of

Persons interested in matters

SEC. 2. That in any proceeding for the enforcement of involved in cases the provisions of the statutes relating to interstate com

before Interstate

Commerce Commerce, whether such proceedings be instituted before the

mission or cir

cult court may Interstate Commerce Commission or be begun originally

be made partics

and shall be sub- in any circuit court of the United States, it shall be law

ject to orders or decrees.

ful 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, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, 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 Com

Proceedings to enjoin or restrain

published rates or any discrimi

carriers and par

mission shall have reasonable ground for belief that any departures from common carrier is engaged in the carriage of passengers nation prohibited or freight traffic between given points at less than the by law against published rates on file, or is committing any discrimina- traffic. tions forbidden by law, a petition may be presented alleging 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 prevent actions 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 preclude the bringing of suit for the recovery of damages by any party injured, or any other action provided by said act approved February fourth, eighteen hundred and eightyseven, 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 of witnesses,

Such proceedings Shall not

for recovery of damages or older action author

ized by act to

regulate commerce or amend

ments thereof.

Compulsory attendance and

testimony of wit

nesses and pro

duetion of books

"and papers.