Sec. 21, 22. Security, obliga tion, or liability, ized -or if contrary to order of author omis innocent holder of void security. INTERSTATE COMMERCE ACT (11) Any security issued or any obligation of liability assumed by a carrier, for which under void, if unauthor- the provisions of this section the authorization of the Commission is required, shall be void, if issued or assumed without such authorization therefor having first been obtained, or if issued or assumed contrary to any term or condition of such order of authorization as modified by any order suppleization. mental thereto entered prior to such issuance or assumption; but no security issued or obligation -not void for procedural or liability assumed in accordance with all the terms and conditions of such an order of authorsion preceding ization therefor as modified by any order supplemental thereto entered prior to such issuance or authorization. assumption, shall be rendered void because of failure to comply with any provision of this section relating to procedure and other matters preceding the entry of such order of authorization. If Joint and sev- any security so made void or any security in respect to which the assumption of obligation or eral ability to liability is so made void, is acquired by any person for value and in good faith and without notice that the issue or assumption is void, such person may in a suit or action in any court of competent jurisdiction hold jointly and severally liable for the full amount of the damage sustained by him in respect thereof, the carrier which issued the security so made void, or assumed the obligation or liability so made void, and its directors, officers, attorneys, and other agents, who participated in any way in the authorizing, issuing, hypothecating, or selling of the security so made void or in the by authorizing of the assumption of the obligation or liability so made void. In case any security so made void was directly acquired from the carrier issuing it the holder may at his option rescind the transaction and upon the surrender of the security recover the consideration given therefor. Any director, officer, attorney or agent of the carrier who knowingly assents to or concurs in any issue of securities or assumptions of obligation or liability forbidden by this section, or any sale or other disposition of securities contrary to the provisions of the Commission's order or orders in the premises, or any application not authorized by the Commission of the funds derived by the carrier through such sale or other disposition of such securities, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than three years, or by both such fine and imprisonment, in the discretion of the court. Rescission holder of void security. Penalty. director in more than one on Commission's fit to officer or Holding position as officer or (12) After December 31, 1921, it shall be unlawful for any person to hold the position of carrier officer or director of more than one carrier, unless such holding shall have been authorized by order prohibited, except of the Commission, upon due showing, in form and manner prescribed by the Commission, that authorization. neither public nor private interests will be adversely affected thereby. After this section takes Personal bene effect it shall be unlawful for any officer or director of any carrier to receive for his own benefit, director prohib- directly or indirectly, any money or thing of value in respect of the negotiation, hypothecation, or ited in disposition sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, Payment of or to participate in the making or paying of any dividends of an operating carrier from any funds, dividends from properly included in capital account. Any violation of these provisions shall be a misdemeanor and on conviction in any United States court having jurisdiction shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more shan three years, or by both such fine and imprisonment, in the discretion of the court. of securities. capital account Annual reports of Commission to Congress. 24 Stat. L., 379. 25 Stat. L., 855. Transportation free or at reduced rates. 24 Stat. L., 379. 25 Stat. L.: 855. 42 Stat. L., 827. mental or charitable purposes. -for govern SEC. 21. [As amended March 2, 1889.] That the Commission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission. SEC. 22. [As amended March 2, 1889, February 8, 1895 and August 18, 1922.] (1) [See section 1, par. 7, page 282. That nothing in this Act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this Act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this Act shall be construed and to prevent railroads from giving free carriage to their own officers and employees, or to prevent the employees of rail- principal officers of any railroad company or companies from exchanging passes or tickets with 24 Stat. L., 379. other railroad companies for their officers and employees; and nothing in this Act contained shall in Mileage, excursion, or commu tation passenger tickets. 24 Stat. L., 379. 25 Stat. L., 855. Officers road companies. Secs. 22, 23, 24. 42 Stat. L., 827. to common law remedies. Joint interchangeable thousand mile tick ets. Free baggage. 28 Stat. L., 643. Rates to be published, filed, and observed. INTERSTATE COMMERCE ACT any way abridge or alter the remedies now existing at common law or by statute, but the provisions Act cumulative of this Act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this Act: Provided further, That nothing in this Act shall prevent the issuance of joint interchangeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provisions of this Act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section six of this Act; and all the provisions of said section six relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges referred to in said section six. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of section ten of this Act shall apply to any violation of the requirements of this proviso. Penalties. 42 Stat. L., 827. 42 Stat. L., 827. Interchangeable Mileage tickets. (2) [Added August 18, 1922.] The Commission is directed to require, after notice and hearing, each carrier by rail, subject to this Act, to issue at such offices as may be prescribed by the Commission, interchangeable mileage or scrip coupon tickets at just and reasonable rates, good for passenger carriage upon the passenger trains of all carriers by rail subject to this Act. The Commission may in its discretion exempt from the provisions of this amendatory Act either in whole or in part any carrier where the particular circumstances shown to the Commission shall justify such exemption to be made. Such tickets may be required to be issued in such denominations as the Commission may prescribe. Before making any order requiring the issuance of any such tickets, the Commission Rules and shall make and publish such reasonable rules and regulations for their issuance and use as in its Regulations. Exemption. Refusal to comply a misdemeanor. Penalty. 25 Stat. L., 855. Mandamus to compel move ment of traffic or the furnishing of transportation fa cilities. judgment the public interest demands; and especially it shall prescribe whether such tickets are transferable or non-transferable, and if the latter, what identification may be required; and especially, also, to what baggage privileges the lawful holders of such tickets are entitled. (3) Any carrier which, through the act of any agent or employee, wilfully refuses to issue or accept any such ticket demanded or presented under the lawful requirements of this Act, or wilfully refuses to conform to the rules and regulations lawfully made and published by the Commission hereunder, or any person who shall wilfully offer for sale or carriage any such ticket contrary to the said rules and regulations shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $1,000. SEC. 23. [Added March 2, 1889. That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the Act to which this is a supplement and all Acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the Writ may issue party applying for the writ: Provided, That if any question of fact as to the proper compensation although com- to the common carrier for the service to be enforced by the writ is raised by the pleadings, the pensation for service undetermined. Writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think Remedy by proper, pending the determination of the question of fact: Provided, That the remedy hereby mandamus is given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this Act or the Act to which it is a supplement cumulative. 40 Stat. L., 270. SEC. 24. [Added June 29, 1906, amended August 9, 1917, and February 28, 1920.] That 34 Stat. L., 584, the Commission is hereby enlarged so as to consist of eleven members, with terms of seven years, 41 Stat., L., 497. and each shall receive $12,000 compensation annually. The qualifications of the members and Commission the manner of payment of their salaries shall be as already provided by law. Such enlargement enlargedof the Commission shall be accomplished through appointment by the President, by and with -members; terms; compen- the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December 31, 1923, and one for a term expiring December 31, 1924. The sation. Secs. 24, 25. -terms of present and additional commissioners. -qualifications. Salary of secretary. 41 Stat. L., 497. Schedules to be filed by common in foreign merce. Quotation on INTERSTATE COMMERCE ACT terms of the present commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present commissioners, shall expire as heretofore provided by law. Their successors and the successors of the additional commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. Not more than six commissioners shall be appointed from the same political party. Hereafter the salary of the secretary of the Commission shall be $7,500 a year. SEC. 25. [Added February 28, 1920.] (1) That every common carrier by water in foreign carriers by water commerce, whose vessels are registered under the laws of the United States, shall file with the com- Commission, within thirty days after this section becomes effective and regularly thereafter as changes are made, a schedule or schedules showing for each of its steam vessels intended to load general cargo at ports in the United States for foreign destinations (a) the ports of loading, (b) the dates upon which such vessels will commence to receive freight and dates of sailing, (c) the route and itinerary such vessels will follow and the ports of call for which cargo will be carried. shipper's applica- (2) Upon application of any shipper a carrier by railroad shall make request for, and the tion of rate for carrier by water shall upon receipt of such request name, a specific rate applying for such sailing, and sailing, and other accruing charges. upon such commodity as shall be embraced in the inquiry, and shall name in connection with such rate, port charges. if any, which accrue in addition to the vessel's rates and are not otherwise published by Vessel rates the railway as in addition to or absorbed in the railway rate. Vessel rates, if conditioned upon conditioned on quantity of ship- quantity of shipment, must be so stated and separate rates may be provided for carload and less than carload shipments. The carrier by water, upon advices from a carrier by railroad, stating that the quoted rate is firmly accepted as applying upon a specifically named quantity of any comReservation of space by water modity, shall, subject to such conditions as the Commission by regulation may prescribe, make carrier for railroad. firm reservation from unsold space in such steam vessel as shall be required for its transportation and shall so advise the carrier by railroad, in which advices shall be included the latest available information as to prospective sailing date of such vessel. ment. Filing of modified schedules. may make regulations. by railways. (3) As the matters so required to be stated in such schedule or schedules are changed or modified from time to time, the carrier shall file with the Commission such changes or modifications as early as practicable after such modification is ascertained. The Commission is authorCommission ized to make and publish regulations not inconsistent herewith governing the manner and form in which such carriers are to comply with the foregoing provisions. The Commission shall cause Publication of to be published in compact form, for the information of shippers of commodities throughout the substance of schedules. country, the substance of such schedules, and furnish such publications to all railway carriers subject to this Act, in such quantities that railway carriers may supply to each of their agents Distribution who receive commodities for shipment in such cities and towns as may be specified by the Commission, a copy of said publication; the intent being that each shipping community sufficiently important, from the standpoint of the export trade, to be so specified by the Commission shall have opportunity to know the sailings and routes, and to ascertain the transportation charges of such vessels engaged in foreign commerce. Each railway carrier to which such publication is furnished by the Commission is hereby required to distribute the same as aforesaid and to maintain such publication as it is issued from time to time, in the hands of its agents. The Commission is authorized to make such rules and regulations not inconsistent herewith respecting the distribution and maintenance of such publications in the several communities so specified as will further the intent of this section. Issuance of through bill of lading when space on vessel reserved. Separate state ment of charges. Railroad nat (4) When any consignor delivers a shipment of property to any of the places so specified by the Commission, to be delivered by a railway carrier to one of the vessels upon which space has been reserved at a specified rate previously ascertained, as provided herein, for the transportation by water from and for a port named in the aforesaid schedule, the railway carrier shall issue a through bill of lading to the point of destination. Such bill of lading shall name separately the charge to be paid for the railway transportation, water transportation, and port charges, if any, liable after deliv. not included in the rail or water transportation charge; but the carrier by railroad shall not be liable to the consignor, consignee, or other person interested in the shipment after its delivery to the vessel. The Commission shall, in such manner as will preserve for the carrier by water the protection of limited liability provided by law, make such rules and regulations not inconsistent herewith as will prescribe the form of such through bill of lading. In all such cases it shall Railroad to be the duty of the carrier by railroad to deliver such shipment to the vessel as a part of its undertaking as a common carrier. ery to vesse Form of through bill of lading may be prescribed. deliver shipment to vessel. See Merchant Marine Act. Secs. 25, 26, 27. Through bill not arrangement for INTERSTATE COMMERCE ACT (5) The issuance of a through bill of lading covering shipments provided for herein shall continuous not be held to constitute "an arrangement for continuous carriage or shipment" within the meancarriage or shipment. ing of this Act. Commission SEC. 26. [Added February 28, 1920.] may require installation of trainother safety stop or control, or devices. 41 Stat. L., 498. Effect of not in stalling such devices on portions of road not included in order. Penalty. 41 Stat. L., 499. Act cited as "Interstate Commerce Act." That the Commission may, after investigation, order any carrier by railroad subject to this Act, within a time specified in the order, to install automatic train-stop or train-control devices or other safety devices, which comply with specifications and requirements prescribed by the Commission, upon the whole or any part of its railroad, such order to be issued and published at least two years before the date specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon a portion of its railroad not included in the order; and any action arising because of an accident happening upon such portion of its railroad shall be determined without consideration of the use of such devices upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States. SEC. 27. [Added February 28, 1920.] merce Act." That this Act may be cited as the "Interstate Com ELKINS ACT Corporation agent liable. Penalty. observe tariffs, a misdemeanor. Penalty, fine. ELKINS ACT (Approved February 19, 1903; amended June 29, 1906.) AN ACT To further regulate commerce with foreign nations and among the States. in Congress assembled, SEC. 1. (As amended June 29, 1906.) That any thing done or omitted well as officer or to be done by a corporation common carrier, subject to the Act to regulate commerce and the Act 32 Stat. L., 847. amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any 34 Stat. L., 584. 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 com mitted by such corporation, and upon conviction thereof it shall be subject to like penalties as are Failure of carrier prescribed in said Act or by this Act with reference to such persons, except as such penalties are herein to publish rates or changed. The willful failure upon the 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 unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect to the Misdemeanor to transportation of any property in interstate or foreign commerce by any common carrier subject offer, grant, give, solicit, accept, or to said Act to regulate commerce and the Acts amendatory thereof whereby any such property receive any rebate, concession or dis- 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 practiced. 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 misdemeanor, Penalty, fine or imprisonment, or 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 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 Prosecutions may to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and be in any district through which imprisonment, in the discretion of the court. Every violation of this section shall be prosecuted transportation in any court of the United States having jurisdiction of crimes within the district in which such violation was committed, or through which the transportation may have been conducted; 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. crimination. both. passes. Principals are liable for acts of agents. Rates filed or carrier shall, as 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, or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or participated in by failure of such carrier or shipper as well as that of the person. Whenever any carrier files with against such car- the Interstate Commerce Commission or publishes a particular rate under the provisions of the legal. 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. rier, be deemed 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 of Columbia, or foreign country, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, 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, Forfeiture may as fixed by the schedules of rates provided for in this Act, shall in addition to any penalty provided be enforced against receivers of by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so 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 rebates. |