CONGRESS. (INTER-STATE COMMERCE.) 



207 



injured for the actual damages caused by such viola- 

 tion, which may be recovered in any State or United 

 States court of competent jurisdiction. The court be- 

 fore which any such action is tried, if it shall be found 

 that the violation was willful, or continued after the 

 notice provided by the tenth section of this act, shall 

 make an allowance by way of additional costs to the 

 party injured sufficient to cover all his counsel and 

 attorney fees, and all expenses and disbursements in 

 the action, including his own necessary personal ex- 

 penses. 



SEC. 7. That any corporation or person violating 

 thU act is guilty of a misdemeanor, and subject to a 

 fine of not exceeding $1,000 for each violation. The 

 courts of the United States shall have exclusive juris- 

 diction of all prosecutions arising under this section. 

 It shall be the duty of district attorneys of the United 

 States to institute and prosecute to effect criminal pro- 

 ceedings for all such violations. The provisions of this 

 section shall not apply to the first section of this act. 



SEC. 8. That there shall be appointed by the Presi- 

 dent, by and with the advice and consent of the 

 Senate, three ^ commissioners, of whom one shall be 

 of experience in the law and one of experience in rail- 

 road business, who shall be collectively known as 

 the commission of interstate commerce of the United 

 States, and shall be charged with the duty of carrying 

 into effect the provisions of this act in respect of inter- 

 state commerce. One of said commissioners shall hold 

 his office for the term of two years, one for the term 

 of four years, and the other for the term of six years, 

 to be respectively designated by the President, and 

 thereafter said commissioners shall be appointed for 

 the term of six years ; and a commissioner appointed 

 to any vacancy shall hold office for the unexpired term. 

 Any one of said commissioners may be removed by 

 tae President for cause, but not otherwise. Said com- 

 missioners shall devote their whole time and abilities 

 to the duties of their office, and shall not accept or 

 engage in any office or employment inconsistent with 

 the provisions of this act. If either commissioner, 

 after his appointment, shall be, or shall become by 

 inheritance or operation of law, pecuniarily interested 

 in any railroad or railroad security, he shall, within 

 thirty days, divest himself of such interest ; and upon 

 his failure to do so, or upon his voluntarily becoming 

 interested in any such railroad or railroad security, 

 his office shall become vacant. No commissioner 

 shall participate in any hearing or proceeding in 

 which he has any pecuniary interest whatever. Each 

 commissioner shall receive an annual salary of $7,500, 

 payable like the salaries of the judges of the courts of 

 the United States: Provided, That before entering 

 upon the discharge of their duties they shall, in addi- 

 tion to the oath required of them by law ? take and 

 subscribe to an oath that they are neither directly nor 

 indirectly interested in the ownership or earnings of 

 any railroad company whatsoever. 



SEC. 9. That the said commission shall exercise 

 only the powers by this act conferred. Said commis- 

 sion may appoint a clerk, whose duty it shall be to 

 keep a full and faithful record of the proceedings of 

 said commission, and otherwise to assist the members 

 thereof in the- performance of their duties, and who 

 shall receive an annual salary of $2,500 ; and also one 

 accountant, at an annual salary of $2,500. The Sec- 

 retary of the Interior, at the request of said commis- 

 sion, may also furnish the commission such additional 

 clerical, engineering, expert, or other service as they 

 may request and he shall deem proper. Actual and 

 necessary traveling and other expenses incurred bj 

 said commissioners, or their employes under their 

 orders, shall be allowed them, for which vouchers 

 shall be rendered. The commissioners, their experts 

 and clerks, may pass and repass over any railroad 

 engaged in interstate commerce free of charge, when- 

 ever engaged in the performance of their duties under 

 the provisions of this act, but neither shall accept any 

 other pass, gratuity, or favor whatever from any raif- 

 road company. 



SEO. 10. That any person complaining of anything 

 done or omitted to be done by any railroad company 

 or person in violation or contravention of thin act 

 may, in addition to the remedies hereinbefore pro- 

 vided, apply to said commission by petition in writ- 

 ing, which shall briefly state the subject of wuch com- 

 plaint. If the petition is signed by any board of 

 trade or other commercial body, or, when signed bv 

 an individual, if it bears the certificate of any di*triJt 

 attorney of the United States, or of any district or 

 county attorney, or officer corresponding thereto, of 

 any State or Territory, that he has examined the facts, 

 and in his opinion the complaint is well founded, the 

 commission is hereby required to entertain and inves- 

 tigate the same. In all other cases the commission 

 shall decide whether or not the petition ought to be 

 proceeded with. The commission may, if they think 

 fit, before requiring or permitting any formal proceed- 

 ings to be taken on any petition, communicate the 

 same to the railroad company against whom it is made, 

 so as to aiford them an opportunity of making such 

 observations or taking such action thereon as they 

 may think fit. The commission shall have power, 

 and in a proper case is required, to cause a copy of 

 the petition to be served upon the railroad company 

 complained against, and to issue a notice requiring 

 such company to appear before the commission ana 

 answer the said petition. The answer shall be in 

 writing. After the answer is filed it shall then be 

 lawful for the commission, if it shall think fit, to di- 

 rect and prosecute, in such mode and by such persons 

 or means as it shall think proper, all such inquiries 

 into matters of fact as may be deemed necessary to 

 enable the commission to form a just conclusion in 

 respect of the matters of said petition. All the pro- 

 ceedings before said commission shall be directed by 

 and under general orders, which shall secure to all 

 persons interested reasonable notice and opportunity 

 to be heard. If it shall be made to appear to the sat- 

 isfaction of the commission, either by the testimony 

 of witnesses or other evidence adduced before it, or 

 by the report of any person to whom the commission 

 may have referred the inquiry, or any part thereof, 

 that anything has been done or omitted to be done in 

 contravention or violation of this act, by any railroad 

 company or person so upon due and proper notice 

 proceeded against, it shall be the duty of such com- 

 mission to make and record its report in writing in 

 respect of any such contravention or violation of this 

 act, which report shall comprise and embrace the 

 findings of the commission upon and in respect of all 

 questions of fact in issue or involved in such proceed- 

 ings. Within a reasonable time, not to exceed twenty 

 days, after such report and findings are made by the 

 commission, it shall cause a copy thereof to be served 

 upon or delivered to the railroad company so found 

 to have violated this act, to which shall be appended 

 a notice to be issued by said commission to such com- 

 pany forthwith to cease and desist from such viola- 

 tion ; and also to deliver to the district attorney of the 

 United States for the district in which the act com- 

 plained of occurred another copy of such report, find- 

 ings, and notice. 



SEO. 11. That upon notice that any such railroad 

 company has neglected or refused to conform to the 

 decision of said commission, and to desist from such 

 violation or contravention of this act, it shall be the 

 duty of such district attorney to apply bv petition, in 

 the name of the party aggrie'ved, to tlie Circuit Court 

 of the United States for such district, for, and it shall 

 be the duty of such court to grant, an order upon 

 such railroad company to show cause why such com- 

 pany should not be enjoined and restrained against 

 the continuance of such violation, and for such other 

 order and relief in the premises as may be just and 

 proper. For the purpose of making any order or de- 

 cree in the premises, final or otherwise, such court 

 shall be always open, and the day on which any such 

 order or decree is made shall be a special term of such 

 court. Upon the service and return of such order to 



