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Resumé of first, second, third, and fourth
sections

Fourth Pools and division of earnings pro-
hibited

Fifth Combinations not to make carriage of
freight continuous, prohibited

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CHAPTER V.

DUTY OF COMMON CARRIERS TO PREPARE, Print,
AND PUBLISH SCHEDULES OF RATES, FARES,
AND CHARGES

Schedules of freight rates and passenger fares,

how to be kept .

Preparing schedules and contents thereof.
Advance in rates

Reduction in rates

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Sixth: Exceptions from the operation of the Act, 47

46

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Carrier not to demand, etc., greater or less
compensation than published rates

Filing schedules, contracts, etc., with Com

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mission

Publishing joint rates, etc.

Remedies against carrier for refusing, etc., to
file and publish schedules, etc.
Comments on sixth section

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CHAPTER VI.

PENALTIES AND REMEDIES FOR VIOLATING ACT First Carrier liable for full amount of damages and attorney's fee to party injured

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41

45

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Second Remedy of party injured—either Com-
mission or courts
Third Carrier violating, etc., any provision of
Act guilty of misdemeanor and liable to fine
of $5,000 for each offence.

Fourth

Each day's continuance of illegal pool-
ing of freights a separate offence
Fifth Carrier receiving freight for foreign
country neglecting to keep schedules, liable
to penalty.

Sixth Carrier failing to obey mandamus, pun-
ishable as for contempt

Seventh Failure to obey order of Circuit Court,
a contempt

Eighth General penalties for disobeying, etc.,
lawful orders, etc., of Commission

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Term of office
Removal

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Ninth Existing remedies by statute and at
common law, preserved
Comments upon preceding sections

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.

I.—Criminal remedy against carrier
II. Civil remedies of party injured
III. Remedies of complainants whether dam-

aged or not

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CHAPTER VII.

THE INTER-STATE COMMERCE COMMISSION

Title of Commission

Number of Commissioners and manner of ap

pointment.

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Political complexion and qualification of Commissioners.

Powers of Commission

First To inquire into management of business, etc.

Second: To keep informed as to method, etc., of business

Third: Right of Commission to obtain full and complete information

Fourth Power to require attendance of witnesses, production of books, etc.

Fifth May invoke aid of U. S. courts.

Duty of U. S. courts in premises Sixth Any one of Commissioners may institute proceedings, etc.

Seventh Commission may require annual re

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ports

Rules of, and practice before, Commission
First How Commission is to conduct pro-

ceedings.

Second: Majority to constitute quorum Third: Commission may make and amend general orders

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Fourth: Any party may appear in person or

by attorney

Fifth Votes and official acts of Commission to be recorded

Sixth Commission to have seal

Seventh Either Commissioner may
ter oaths

Method of procedure before Commission.
Who may make complaint

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First Any person, etc., complaining of any
thing done, etc., or omitted, etc.
Second Complaint forwarded by Railroad
Commission or Railroad Commissioner
of any State, etc.

Third: Commission may institute inquiry of
its own motion

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Reparation or satisfaction by carrier.
Trial, etc., by Commission.

When complaint not to be dismissed.
Form of report of Commission
Recording reports of investigation

Decision of Commission and proceedings
thereunder.

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Failure of carrier to obey judgment

Appeal

Petition to Circuit Court presented by Dis-
trict Attorney, etc.

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Third: Consideration of question of enforc-
ing the judgment of Commission
Fourth Constitutional questions—

(a) Power of Congress to "regulate" com

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82 Comments upon sections creating Commission, 83 First Powers of Commission analyzed. Second: Commission's method of investigation examined.

PAGE

merce.

(b) Power of Congress to delegate its au

thority

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76 76 77

77 79 82

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