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in force, and shall also state separately all terminal charges, including storage, and all privileges or facilities which will be allowed other than those involved in the receipt, transportation, and delivery of property in ordinary course between two definite points, and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of said rates, fares, and charges, or the value thereof to the shipper or consignee. Every such common carrier shall also file with said commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party. “The carrier shall plainly print such tariffs in large type, and shall keep posted, for the use of the public, two copies in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation in such manner that they shall be accessible to the public and can be conveniently inspected. “No change shall be made in any tariff of rates, fares, and charges filed and published as aforesaid unless the carrier shall file with the commission a statement showing such changes and the date when they shall take effect, and shall post new tariffs, as hereinbefore provided, or plainly indicate such changes upon those already posted, at least sixty days before the taking effect of such changes; but the commission may, for good cause shown, allow changes upon less than sixty days' notice, and it may do this either in a particular instance or by general order applicable to special conditions and species of traffic. “The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the commission such evidence of concurrence therein or acceptance thereof as may be required Cr approved by the commission; and where such evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties. “The commission may determine and prescribe the form, subjects to be contained in, and arrangement of the tariffs required to be published and filed, as aforesaid, and may change such form, subjects, or arrangement thereof from time to time as shall be found expedient. “The commission may, in its discretion and for good cause shown, change or modify the foregoing requirement in respect of the publishing, posting, and filing of tariffs, and may do this either in particular instances or by general order applicable to special or peculiar circumstances and conditions. “No carrier shall, unless otherwise provided by this Act, receive or participate in the interstate transportation of passengers or property, as defined in the first section of this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this section; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper any privileges or facilities in the receiving, storing, handling, or forwarding of property, except such as are specified in such tariffs. “Any carrier and any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of any of them, who knowingly violates the provisions of the foregoing paragraph shall forfeit to the United States the sum of ten thousand dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. The forfeitures hereby imposed shall be recovered in the manner hereinafter provided. “Any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production, and any law in conflict with this section is hereby repealed.” SEC. 3. That a new section be added to said Act immediately after section six, to be numbered as section six a, as follows: “SEC. 6a. That the commission is hereby authorized and required to prepare and publish within one year from the passage of this Act a classification of freight articles and rules, regulations and conditions for freight transportation, which shall be known as the National Freight Classification. “Such National Freight Classification shall be published by the commission by printing the same in pamphlet form and by giving public notice thereof by general distribution in such manner as it may deem advisable. “At all times subsequent to the publication of such classification the commission shall promptly hear the complaint of any carrier or shipper against such classification or any part thereof, and after hearing and investigation of any such complaint or complaints the commission shall have power to amend such classification for the purpose of removing any injustice thereby caused to carriers or shippers. “At the expiration of one year and three months from the passage of this Act the said classification as at that time amended shall be in effect and shall be, as subsequently amended by the commission from time to time, observed and invariably applied to interstate freight transportation by all common carriers subject to this Act. Any common carrier subject to the provisions of this Act which neglects or refuses to observe and apply such classification, or which uses and applies any other classification, shall forfeit the sum of five thousand dollars for each offense, and in case of a continuing violation of this requirement each day shall be deemed a separate offense. Such forfeitures shall be payable into the Treasury of the United States, and shall be recovered as is provided for the recovery of other forfeitures by the terms of this Act.” SEC. 4. That section ten of said Act, as amended March second, eighteen hundred and eighty-nine, be amended so as to read as follows: “SEC. 10. Every carrier, every officer, representative, or agent of a carrier, and every receiver, trustee, lessee, or agent of any of them who shall commit any act of unjust discrimination as defined by this Act, or who shall transport or offer to transport traffic subject to this Act at any other rate or upon any other terms and conditions than are duly published in accordance with the provisions of this Act, or who by the payment of any rebate or by any other device departs from such published rate in the transportation of such traffic, or who transports such traffic without having first published a tariff applicable to the same agreeably to the provisions of this Act, or who procures or solicits to be done, or assists, aids, or abets in the doing of any one of the above acts, shall be guilty of a misdemeanor, and shall upon conviction be fined for each such offense not less than five thousand nor more than twenty thousand dollars. “Every person who by false billing, false weighing, or by any fraudulent act or false representation obtains or attempts to obtain the transportation of property which is subject to this Act at less than the rate lawfully established under the provisions of this Act shall be guilty of a misdemeanor, and shall upon conviction be fined not more than five thousand dollars for each such offense. “Every carrier, every officer, representative, or agent of a carrier, and every receiver, trustee, lessee, or agent of any of them who knowingly violates any provisions of this Act for which no penalty is otherwise expressly provided shall be deemed guilty of a misdemeanor, and shall upon conviction be fined not less than five hundred nor more than five thousand dollars for each such offense. Every corporation which shall be guilty of any act or omission which, if done by an individual, would be a misdemeanor under the provisions of this Act, shall be deemed guilty of such misdemeanor, and shall be subject to the same penalty which is provided against the individual. “Every violation of this Act shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed; and whenever 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.

“In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier shall in every case be also deemed to be the act, omission, or failure of such carrier, as well as that of the person. “Whenever any carrier files or publishes a particular rate under the provisions of this Act, or participates in any rate 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 unjust discrimination. “Whenever, on the trial of a defendant for a violation of this Act, such defendant is shown to have given, aided, abetted, or assisted in the giving of a rate to one or more individuals, firms, companies, or corporations different from the rate or rates fixed for such service by the tariff of rates provided for by this Act, such showing shall be deemed evidence sufficient to authorize a conviction; and it shall not be necessary in the trial of any indictment hereunder for unjust discrimination to allege or to prove that other and less favorable rates were offered or granted to other shippers by the defendant, or to allege or prove the names of such shippers, the true intent of this being that the published tariff shall be conclusive evidence that the rates therein prescribed were the rates charged to the general public. “Any person who shall willfully testify falsely on an examination before the commission created by this Act, or before any member thereof, or who, in any certificate or report required by this Act or by the order of such commission to be made under oath to enable it to carry out the provisions of this Act, shall make any false or fraudulent sta ement, shall be deemed guilty of perjury, and be subject to the penalties provided in section fifty-three hundred and ninety-two of the Revised Statutes of the United States. “All offenses heretofore committed shall be prosecuted and punished as provided for by the laws existing at the time such offenses were committed, for which purpose all Acts or parts thereof inconsistent with this Act are continued in force.” SEC. 5. That section thirteen of said Act be amended so as to read as follows: “SEC. 13. That any person, firm, corporation, or association, any mercantile, agricultural, or manufacturing society, any body politic or municipal organization, or any carrier 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; where. upon 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 specified by the commission; and such answer shall be verified, if required 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 proper. “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. “No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.” SEC. 6. That section fourteen of said Act, as amended March second, eighteen hundred and eighty-nine, be amended so as to read as follows: “SEC. 14. 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 decision, order, or requirement in the premises. “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. “The commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the commission therein contained in all courts of the United States and of the several States, without any further proof or authentication thereof. The commission may also cause to be printed for early distribution its annual reports.” • SEC. 7. That section fifteen of said Act be amended so as to read as follows: “SEC. 15. If, after a full hearing, it is determined that any party complainant is entitled to an award of damages under the provisions of this Act for a violation of its provisions, the commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. If, after such hearing, it is determined that any carrier is in violation of the provisions of this Act, the commission shall make an order directing such carrier to cease and desist from such further violation, and shall prescribe in such order the thing which the carrier is required to do or not to do for the future to

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