CONGRESS. (INTER-STATE COMMERCE.) 



209 



ling of the same. All charges for such services shall 

 be reasonable. And all persons engaged as aforesaid 

 shall furnish, without discrimination, the same facili- 

 ties for the carriage, receiving, delivery, storage, and 

 handling of all property of like character carried by 

 him or them, and shall perform with equal expedition 

 the same kind of services connected with the con- 

 temporaneous transportation thereof as aforesaid. No 

 break, stoppage, or interruption, nor any contract, 

 agreement, or understanding shall be made to prevent 

 the carriage of any property from being and being 

 treated as one continuous carriage, in the meaning of 

 this act z from the place of shipment to the place of 

 destination, unless such stoppage, interruption, con- 

 tract, arrangement, or understanding was made in 

 good faith for some practical and necessary purpose, 

 without any intent to avoid or interrupt such con- 

 tinuous carriage or to evade any of the provisions of 

 this act. 



SEC. 2. That it shall be unlawful for any person or 

 persons engaged in the transportation of property 

 as aforesaid directly or indirectly to allow any rebate, 

 drawback, or other advantage, in any form, upon 

 shipments made or services rendered as aforesaid by 

 him or them. 



SEC. 3. That it shall be unlawful for any person or 

 persons engaged in the carriage, receiving, storage l or 

 handling of property as mentioned in the first section 

 of this act to enter into any combination, contract, or 

 agreement, by changes ot schedule, carriage in dif- 

 ferent cars, or by any other means, with intent to 

 prevent the carriage or such property from being con- 

 tinuous from the place of shipment to the place of 

 destination, wheth'er carried on one or several rail- 

 roads. And it shall be unlawful for any person or 

 persons carrying property as aforesaid to enter into 

 any contract, agreement, or combination for the pool- 

 ing of freights, or to pool the freights, of different and 

 competing railroads, by dividing between them the 

 aggregate or net proceeds of the earnings of such rail- 

 roads, or any portion of them. 



SEC. 4. That it shall be unlawful for any person 

 or persons engaged in the transportation of property 

 as provided in the first section of this act to charge 

 or receive any greater compensation for a similar 

 amount and kind of property, for carrying, receiv- 

 ing, storing, forwarding, or handling the same, for a 

 shorter than for a longer distance on any one railroad : 

 and the road of a corporation shall include all the road 

 in use by such corporation, whether owned or operated 

 by it under a contract, agreement, or lease by such 

 corporation. 



SEC. 5. That all persons engaged in carrying prop^ 

 erty as provided in the first section of this act shall 

 adopt and keep posted up schedules which shall 

 plainly state : 



1. The different kinds and classes of property to be 

 carried. 



2. The different places between which such prop- 

 erty shall be carried. 



3. The rates of freight and prices of carriage be- 

 tween such places, and for all services connected with 

 the receiving, delivery, loading, unloading, storing, 

 or handling the same. And the accounts for such 

 service shall show what part of the charges are for 

 transportation, and what part are for loading, unload- 

 ing, and other terminal facilities. 



Such schedules may be changed from time to time 

 as hereinafter provided. Copies of such schedules 

 shall be printed in plain, large type, at least the size 

 of ordinary pica, and shall be kept plainly posted for 

 public inspection in at least two places in every depot 

 where freights are received or delivered ; and no such 

 schedule shall be changed in any particular except by 

 the substitution of another schedule containing the 

 specifications above required, which substitute sched- 

 ule shall plainly state the time when it shall go into 

 effect, and copies of which, printed as aforesaid, shall 

 be posted as above provided at least five days before 

 the same shall go into effect ; and the same shall re- 

 VOL. xxv. 14 A 



main in force until another schedule shall as aforesaid 

 be substituted. And it shall be unlawful for any 

 person or persons engaged in carrying property on 

 railroads as aforesaid, after thirty days after the pas- 

 sage of this act, to charge or receive more or leas com- 

 pensation for the carriage, receiving, delivery, loading, 

 unloading, handling, or storing of any of the property 

 contemplated by the first section of this act than shall 

 be specified in such schedule as may at the time bo iu 

 force. 



SBO. 6. That each and all of the provisions of this 

 act shall apply to all property, and the receiving, de- 

 livery, loading, unloading, handling, storing, or car- 

 riage of the same, on one actually or substantially 

 continuous carriage, or as part of such continuous car- 

 riage, as provided for in the first section of this act, 

 and the compensation therefor, whether such property 

 be carried wholly on one railroad or partly on several 

 railroads, and whether such services are performed or 

 compensation paid or received by or to one person 

 alone or in connection with another or other persons. 



SEO. 7. That each and every act, matter, or thing 

 in this act declared to be unlawful is hereby prohib- 

 ited ; and in case any person or persons as denned hi 

 this act. engaged as aforesaid, shall do, suffer, or per- 

 mit to be done any act, matter, or thing in this act 

 prohibited or forbidden, or shall omit to do any act, 

 matter, or thing in this act required to be done, or 

 shall be guilty of any violation of the provisions of 

 this act, such person or persons shall forfeit and pay 

 to the person or persons who may sustain damage 

 thereby a sum equal to three times the amount of the 

 damages so sustained, to be recovered by the person 

 or persons so damaged by suit in any State or United 

 States court of competent jurisdiction where the per- 

 son or persons causing such damage can be found or 

 may have an agent, office, or place of business ; and 

 if the court before which any such action is tried shall 

 be of opinion that the violation of the law was will- 

 ful, it shall make an allowance, by way of addi- 

 tional costs, to the party injured sufficient to cover all 

 his counsel and attorney fees. Any action to be 

 brought as aforesaid may be considered, and if so 

 brought shall be regarded, as a subject of equity ju- 

 risdiction and discovery, and affirmative relief may be 

 sought and obtained therein. In any such action so 

 brought as a case of equitable cognizance as aforesaid, 

 any director, officer, receiver, or trustee of any cor- 

 poration or company aforesaid, or any receiver, trus- 

 tee, or person aforesaid, or any agent of any such 

 corporation or company, receiver, trustee, or person 

 aforesaid, or of any of them, alone or with any other 

 person or persons, party or parties, may and shall be 

 compelled to attend, appear, and testify and give evi- 

 dence ; and no claim that any such testimony or evi- 

 dence might or might not tend to criminate the per- 

 son testifying or giving evidence shall be of any avail, 

 but such evidence or testimony shall not be used as 

 against such person on the trial of any indictment 

 against him. The attendance and appearance of any 

 of the persons who as aforesaid may oe compelled to 

 appear or testify, and the giving of the testimony or 

 evidence by the same, respectively, and the produc- 

 tion of books and papers thereby, may and shall be 

 compelled the same as in the case of any other wit- 

 ness ; and in case any deposition or evidence, or the 

 production of any books or papers, may be desired or 

 required for the purpose of applying for or sustaining 

 any such action, the same, and the production of 

 books and papers, may and shall be had, taken, and 

 compelled oy or before any United States commis- 

 sioner, or in any manner provided or to be provided 

 for as to the taking of other depositions or evidence, 

 or the attendance of witnesses, or the production of 

 other books or papers, in or by chapter 17 of title 13 

 of the Revised Statutes of the United States. No 

 action aforesaid shall be sustained unless brought 

 within one year after the cause of action shall accrue, 

 or within one year after the party complaining shall 

 have come to a knowledge of his rignt of action. 



