CONGRESS. (INTER-STATE COMMERCE.) 



223 



ceive, in the transaction of the business of interstate 

 commerce, more than a reasonable rate of compensa- 

 tion for the transportation of freight of any descrip- 

 tion, or for the receiving, delivery, storage, or hand- 

 ling of property, or for the use or transportation of 

 any railroad-car upon its railroad, or on any of the 

 branches thereof, or upon any railroad it has the right, 

 license, or permission to use, operate, or control, said 

 transportation company shall be deemed guilty of 

 extortion, which is hereby declared to be a misde- 

 meanor. 



SEC. 4. That if any transportation company engaged 

 in interstate commerce shall, directly or indirectly, 

 by any rebate, drawback, or other device, charge, de- 

 mand, collect, or receive from any person a greater 

 compensation for any service it may render in its 

 transaction of interstate commerce than it charges, 

 demands, collects, or receives from any other person 

 for doing for him, in a like business and under sub- 

 stantially similar circumstances and conditions, con- 

 temporaneously a like service, or if any such transpor- 

 tation company shall neglect or refuse to furnish the 

 same facilities for the carriage, receiving, delivery, 

 storage, and handling of interstate-commerce freights, 

 to one person that is at the same time furnished to any 

 other person for the carriage, receiving, delivery, 

 storage, and handling of such freights of the same 

 class, and under substantially similar circumstances, 

 such transportation company shall be deemed guilty 

 of unjust discrimination, winch is hereby declared to 

 be a misdemeanor. 



SEO. 5. That whenever complaint is made to the 

 commission, in such manner as it may prescribe, 

 charging any transportation company engaged in in- 

 terstate commerce with extortion or unjust discrimi- 

 nation in the transaction of such business, a statement 

 of the charges thus made shall be forwarded to the 

 transportation company, which shall be called upon 

 to satisfy the complaint or to answer the same in writ- 

 ing within a reasonable given time. 



If such transportation company shall, within the 

 time specified, make reparation for the injury done 

 and the complaint shall oe withdrawn, the case shall 

 be dismissed, and the transportation company shall 

 be relieved of liability for any other penalty for the 

 particular violation of this act thus complained of. 



If such transportation company shall not satisfy the 

 complaint within the time specified, or if it shall neg- 

 lect or refuse to answer the same as required, or if 

 either party to the proceeding shall demand a hearing, 

 and there shall appear to be any reasonable ground 

 for investigating said complaint, it shall be the duty 

 of the commission to investigate the matters com- 

 plained of, to determine all questions of fact at issue, 

 to record its finding, and to furnish a report thereof to 

 both parties. 



And if it shall appear that the transportation com- 

 pany has been guilty of either extortion or unjust dis- 

 crimination as charged, it shall be the duty of the 

 commission to give notice to such company to discon- 

 tinue the practice thereof forthwith, and to pay the 

 complainant, within a reasonable given time, the dam- 

 ages, if any, to which the commission may find the 

 complainant justly entitled in consequence thereof. 



And if such damages shall be paid as required, and 

 the commission shall be satisfied that the transporta- 

 tion company has ceased to practice the extortion or 

 unjust discrimination complained of, an order to that 

 effect shall be entered of record by the commission, 

 and the transportation company shall be relieved of 

 liability for any other penalty 'for the particular act 

 complained of. 



SEC. 6. That if any transportation company engaged 

 in interstate commerce shall neglect or refuse to pay 

 the damages assessed against it by the interstate com- 

 merce commission, and to desist from the further vio- 

 lation of this act, it shall be the duty of the commis- 

 sion to certify the facts to the district attorney of the 

 United States for the judicial district in which the 

 act complained of occurred ; and it shall be the duty 



of the district attorney, at the request of the complain- 

 ant, to forthwith commence such proceedings, in the 

 name of the complainant, as may be necessary to re- 

 cover any damages sustained by him, or to compel the 

 transportation company to comply with the provisions 

 of this act, or both ; ana the Circuit Court of the United 

 States for said district shall have jurisdiction to try 

 said cause, without regard to the citizenship of the 

 parties. Costs shall be awarded as in other cases ; 

 but in case judgment is rendered against the defend- 

 ant, the court may, in its discretion, allow to the dis- 

 trict attorney a reasonable fee for prosecuting said 

 cause, to be taxed as part of the costs ; and in case of 

 failure to recover, the complainant shall pay the costs 

 of suit, attorney's fees excepted. 



Any such transportation company that shall be con- 

 victed under the provisions of this act of either extor- 

 tion or unjust discrimination shall forfeit and pay for 

 each offense a fine of not exceeding $1,000. 



Any such transportation company that shall neg- 

 lect or refuse to make such annual reports as the com- 

 mission may require, or that shall neglect or refuse to 

 answer any question or to produce any book, paper, 

 contract, or other document, or properly certified ab- 

 stract thereof, called for by the commission in making 

 any investigation under the authority of this act, shall 

 be deemed guilty of a misdemeanor, and, on conviction 

 thereof, shall be fined in a sum not exceeding $1,000 

 for each offense herein described. 



Any such transportation company, or any person or 

 persons that shall violate any of the provisions of this 

 act not in this section specified, or that shall in any 

 manner attempt to obstruct the enforcement of its pro- 

 visions, shall be deemed guilty of a misdemeanor, and, 

 on conviction thereof, shall be fined hi a sum not ex- 

 ceeding $1,000. 



SEC. 7. That each commissioner shall receive an an- 

 nual salary of $7,500, payable in the same manner as 

 the salaries of judges of the courts of the United States. 

 The commission shall appoint a secretary, who shall 

 receive an annual salary of $3,500, payable in like 

 manner. The commission shall have authority to 

 employ and fix the compensation of such other em- 

 ployes as it may find necessary to the proper per- 

 formance of its duties, subject to the approval of the 

 Secretary of the Interior. All necessary traveling ex- 

 penses incurred by the commissioners, or by their 

 employe's under their orders, in making any investi- 

 gation in any other place than in the city of Washing- 

 ton, shall be allowed and paid on the approval by the 

 Secretary of the Interior of itemized vouchers there- 

 for. The commission shall be furnished by the Sec- 

 retary of the Interior with suitable offices and all ne- 

 cessary office supplies. Witnesses summoned before 

 the commission shall be paid the same fees and mile- 

 asre that are paid to witnesses in the courts of the 

 United States. All of the expenses of the commission 

 shall be paid on the presentation of vouchers approved 

 by the president of the commission and by the Secre- 

 tary of the Interior. 



SEC. 8. That the commission may make such or- 

 ders as it may deem necessary for the regulation of 

 its business, and prescribe the forms to be used there- 

 in. A majority of the commission shall constitute a 

 quorum for the transaction of business, except as here- 

 inafter provided. 



SEC. 9. That in making any investigation required 

 by this act the commission shall have power to sum- 

 mon and require the attendance of witnesses, to ad- 

 minister oaths, and to require the production of all 

 books, papers, contracts, and documents, or properly 

 certified abstracts thereof, relating to the matter un- 

 der investigation and necessary for the information of 

 the commission in connection therewith. The com- 

 mission is hereby authorized to conduct investiga- 

 tions in such portions of the United States as it" may 

 deem necessary, and for that purpose may delegate 

 the powers conferred by this section to any member 

 or members of the commission. 



SEC. 10. That the commission is hereby authorized 



