pear before the 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 Parties mayap courts of the United States. Any party may appear Commission in before said Commission and be heard, in person or by attorney. Every official act of the Commission shall be entered of record. * Said Commission shall have an official seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and affirmations and sign subpoenas. person or by attorney. Official seal. Witness fees. * * * * * * * Witnesses summoned before the Commission Sec. 18, in part, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Expenses of the Commission -how paid. Principal office of the Commis sion. Sec. 19. Sessions of the United States. All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business 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. 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 Commission in parties may be promoted or delay or expense prevented any part of the 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. ject to the act Carriers sub- The Commission is hereby authorized to require annual must render full reports from all common carriers subject to the provisions annual reports to of this act, to fix the time and prescribe the manner in Sec. 20. which such reports shall be made, and to require from Commission. shall contain. such carriers specific answers to all questions upon which What reports 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 equipments; the number of employees and the salaries paid each class; the amounts xpended 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 Com ing accounts. mission may, within its discretion, for the purpose of enabling Commission it the better to carry out the purposes of this act, prescribe may prescribe (if in the opinion of the Commission it is practicable to pre- methods of keepscribe 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. REGULATION OF TESTIMONY Attendance Feb. 11, 1893. No person shall be excused from attending and testifying and testimony of or from producing books, papers, tariffs, contracts, agree- witnesses. ments 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, mat- testifying wit ter or thing, concerning which he may testify, or produce nesses. 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 proceeding: Provided, That no person so testifying shall be exempt from prosecu Immunity to cepted. tion and punishment for perjury committed in so testifying. Perjury exAny person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce Penalties. books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment. [See Sec. 12, act of Feb. 4, 1887, page 52.1 REGULATION OF COMMERCE Corporation as agent liable Fb. 19, 1903. conviction. 2 Stat., 847.) Sec. 1, in part. to Anything done or omitted to be done by a corporation well as officer or 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 Penalty. schedules. * * * * * Failure to file such persons except as such penalties are herein changed. The willful failure upon the part of any carrier subject to said Acts to file the tariffs or rates and charges as required by said Acts 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; Penalty. agent to be also carrier. Act of officer or In construing and enforcing the provisions of this secdeemed act of tion the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier acting within the scope of his employment shall in every case be also deemed to be the act, omission, or failure of such carrier as well as that of the person. * Procedure. Compulsory attendance and nesses and pro and papers. Sec. 3, in part. Immunity to nesses. * * In any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful 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. * * * And in proceedings under this Act and the testimony of wit- Acts to regulate commerce the said courts shall have the duction of books power to compel the attendance of witnesses, both upon the part of the carrier and the shipper, who shall be required to answer on all subjects relating directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the carrier and the shipper, which relate directly or indirectly to such transaction; the claim that such testimony testifying wit- or evidence may tend to criminate the person giving such evidence shall not excuse such person from testifying or such corporation producing its books and papers, 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 in such proceeding: Provided, Certain laws That the provisions of an Act entitled "An Act to expedite to suits brought the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three," shall apply to any case prosecuted under the direction of the AttorneyGeneral in the name of the Interstate Commerce Commission. made applicable by commission. CHAPTER V BUREAU OF MANUFACTURES There shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Manufactures, and a chief of said bureau, who shall be appointed by the President, and who shall receive a salary of four thousand dollars per annum. There shall also be in said bureau such clerical assistants as may from time to time be authorized by Congress. It shall be the province and duty of said bureau, under the direction of the Secretary, to foster, promote, and develop the various manufacturing industries of the United States, and markets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and supplying all available and useful information concerning such industries and such markets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And all consular officers of the United States, including consuls-general, consuls, and commercial agents, are hereby required, and it is made a part of their duty, under the direction of the Secretary of State, to gather and compile, from time to time, useful and material information and statistics in respect to the subjects enumerated in section three of this Act in the countries and places to which such consular officers are accredited, and to send, under the direction of the Secretary of State, reports as often as required by the Secretary of Commerce and Labor of the information and statistics thus gathered and compiled, such reports to be transmitted through the State Department to the Secretary of the Department of Commerce and Labor. [NOTE. At the time of printing this volume the organization of the Bureau of Manufactures has not been completed. Provision is, however, being made therefor. The personnel of the Bureau is provided in the appropriation act on page 32.] Feb. 14, 1903. (32 Stat., 825.) Sec. 5. 59 CHAPTER VI BUREAU OF LABOR The national aid and supervision of the laboring interests of the country were first proposed in Congress about the year 1867, and a reference to page 13 will show the legislation then introduced. A Bureau of Labor was organized in January, 1885, under act of Congress approved June 27, 1884 (23 Stat., 60), as a part of the Department of the Interior, and the Commissioner of Labor was made its chief officer. Three years later, by act of Congress approved June 13, 1888 (25 Stat., 182), the Bureau of Labor and its duties were transferred to the Department of Labor with independent functions, the title of its chief officer remaining unchanged. The duties of the Bureau of Labor are to acquire and diffuse among the people of the United States useful information on subjects connected with labor, in the most general and comprehensive sense of the word. Under the act of 1888 the Bureau of Labor publishes an annual report, and special reports from time to time, upon subjects connected with labor, or as required by the President or by either House of Congress. By act of Congress of March 2, 1895 (28 Stat., 805), the Commissioner of Labor is authorized to publish a bulletin containing facts deemed of value to labor and the industrial interests of the country. This bulletin is issued bimonthly. By the act of Congress of April 30, 1900 (31 Stat., 155), the Commissioner of Labor is required to collect and publish annually statistical details relating to all departments of labor in the Territory of Hawaii. The Government is represented in the International Association for Labour Legislation through the agency of the Bureau of Labor, and the subvention therefor is provided in its appropriation. By act of Congress of February 14, 1903, "An act to establish the Department of Commerce and Labor," the Department of Labor and all that pertains to the same was placed under the jurisdiction and made a part of the Department of Commerce and Labor from and after July 1, 1903, on which date the name Bureau of Labor was adopted by order of the Secretary. Carroll D. Wright has been Commissioner of Labor since the organization of the work in 1885. 60 |