208 



CONGRESS. (INTEK-STATE COMMERCE.) 



show cause, and notice to the parties interested, such 

 court shall proceed in a summary manner to ascertain 

 whether the said report and findings are true ; and 

 whenever said court shall be of opinion that such, 

 company has done or is doing any act in violation or 

 contravention of this act in said report and findings 

 described, it shall so adjudge ; and. it then shall be 

 the duty of said court forthwith to issue a writ of in- 

 junction, requiring such railroad company to desist 

 from such violation, and in respect of the matters in 

 said report contained to conform to and obey all the 

 provisions of said act. Such court may enforce obedi- 

 ence to any such injunction, order, or decree, by any 

 person or party, by fine, proceedings for contempt, 

 and all other means within its lawful jurisdiction 

 sitting as a court of equity. Any person interested to 

 restrain such violation may, on application to the 

 court, be allowed to appear and be heard by himself 

 or counsel ; and upon proof that any district attorney 

 has failed in any proper case for the period of ten 

 days to apply for such order to show cause, the court 

 may permit such application to be made and prose- 

 cuted to effect by or in behalf of any person so inter- 

 ested. Such court may, in its discretion, award or 

 deny costs to any party to such proceeding. In any 

 case where the court shall adjudge that the violation 

 of this act by any company has been willful, or con- 

 tinued after notice to desist therefrom, the court may 

 award to any party injured such a gross sum by way 

 of costs as will reimburse all his costs, charges, ex- 

 penses, counsel fees, and disbursements, to be paid by 

 such company. 



SEC. 12. That the commission may make, and from 

 time to time amend, such general orders as may be 

 requisite for the order and regulation of proceedings 

 before it, including all forms for proceeding, notices 

 and the service thereof, and for the prescribing, di- 

 recting, or regulating any matters authorized by this 

 act. All the proceedings before said commission shall 

 be upon reasonable notice to all parties interested, 

 and such forms shall conform as nearly as may be to 

 those in use in the courts of the United States. Any 

 party may appear and be heard in person or by attor- 

 ney. 



SEC. 13. That for the purposes of this act the com- 

 mission shall, subject as in this act mentioned, have 

 full power to ascertain and report upon all questions 

 of fact arising under this act, and shall also nave the 

 powers folio whig : 



(a) They may, by subpoena or order to be served by 

 a person by them authorized, require the attendance 

 of witnesses, and of all such persons as they think fit 

 to call before them, or before any person by them 

 authorized to prosecute an inquiry. 



(b) They may require the production of all books, 

 papers, and documents relating to any matter before 

 them, and to that end may invoke the aid of any 

 court of the United States. 



(c) Either of them may administer oaths and affir- 

 mations. 



SEC. 14. That the principal office of the commission 

 shall be in the city of Washington, where its general 

 session shall be held and its records and archives be 

 deposited. Whenever the convenience of the public 

 or of the parties may be promoted, or delay or ex- 

 pense prevented thereby, the commission may hold 

 special sessions in any part of the United States. It 

 may, by one or more of the commissioners, or one of 

 the persons named in the ninth section hereof, or by 

 any person specially appointed by the commission, 

 prosecute any ^ inquiry necessary to its duties, in any 

 part of the United States, into any matter or question 

 of fact, and may specially delegate to the officer or per- 

 son conducting such inquiry such powers to that end 

 as are by this act conferred upon the commission and 

 may be deemed necessary. Every vote and official 

 act of either of the commissioners shall be entered of 

 record. The commission may conduct its proceedings 

 in such a manner as will most conduce to the dis- 

 patch of business and to justice; they may sit to- 



gether or separately, and either in private or public, 

 but any proceeding before them shall be public upon 

 the request of either party thereto ; and a majority of 

 said commission may determine any question submit- 

 ted. The commission shall prescribe a railroad year, 

 and a system of reports covering said year to be ren- 

 dered by railroad companies ; examine the books and 

 accounts of said companies at such times as may be 

 deemed by them necessary ; see that all United States 

 laws relating to said companies are enforced ; furnish 

 such information to the several departments of the 

 Government, or the Government directors of any of 

 said railroads, in regard to the tariffs of fares and 

 freight, or the accounts of said railroads, as may be 

 required of them or as they may deem expedient; 

 make an annual report of their doings to Congress 

 on or before the first day of January of each year ; 

 and otherwise endeavor to procure the data necessary 

 to the gradual enactment of an intelligent system of 

 national legislation regulating interstate railroad com- 

 merce. 



SEC. 15. That the Secretary of the Interior shall 

 provide suitable offices and a room for the public ses- 

 sions of the commission in the city of Washington. 

 Witnesses summoned before the commission shall be 

 paid the same fees as witnesses in the Federal courts, 

 and depositions de bene esse and under commission 

 may be taken to be used before the commission in 

 the same manner and upon the same conditions as in 

 such courts. The salaries and expenses of the com- 

 mission shall be provided for, audited, and paid in the 

 same manner as the salaries of judges and other judi- 

 cial expenses. 



SEC. 16. That said board of commissioners shall 

 inquire into that method of railroad management or 

 combination known as pooling, and state the result of 

 their inquiry in their first annual report, and whether, 

 in their judgment, any, and if so what, legislation is 

 expedient in relation thereto. 



SEC. 17. That nothing in this act shall apply to the 

 carriage, storage, or handling of property wholly 

 within one State or Territory and not destined for 

 continuous carriage beyond such State or Territory, 

 or to property carried for the United States, or to the 

 transportation of persons or articles free or at reduced 

 rates for State or municipal governments or for charita- 

 ble purposes, or to or from public fairs and expositions 

 for exhibition thereat. 



SEC. 18. That in the construction of this act the 

 phrases "railroad corporation" and "railroad com- 

 pany " shall be held to be synonymous, and to signify 

 a corporation which either owns or operates a railroad 

 as aforesaid, and shall include receivers, lessees, and 

 trustees operating railroads, and all persons named in 

 the first section of this act. The word " person" in 

 this act includes plurality of persons, corporate and 

 incorporate, and all persons in any manner engaged 

 in interstate railway commerce in whatever capacity, 

 whether as principals, agents, or employes. 



SEO. 19. That the sum of $40,000, or so much there- 

 of as may be necessary, is hereby appropriated for the 

 uses and purposes of this act for the fiscal year ending 

 June 30, A. D. 1885, and the intervening time anterior 

 thereto. 



Mr. Reagan's proposed substitute was as fol- 

 lows: 



_ Be it enacted by the Senate and House of Representa- 

 tives of the United States of America in Congress as- 

 sembled, That it shall be unlawful for any person or 

 persons engaged alone or associated with others in the 

 transportation of property by railroad from one State 

 or Territory to or through one or more other States or 

 Territories of the United States, or to or from any 

 foreign country, directly or indirectly to charge to or 

 receive from any person or persons any greater or less 

 rate or amount of freight, compensation, or reward 

 than is charged to or received from any other person 

 or persons for like and contemporaneous service in 

 the carrying, receiving, delivering, storing, or hand- 



