CONGRESS. (INTERSTATE COMMEECE.) 



175 



commissioners appointed under the provisions of this 

 act ; and failure to comply with its requirements shall 

 be punishable as and for a contempt ; and the said 

 commissioners, as coinplainants ? may also apply, in 

 a:iy such circuit court of the United States, for a writ 

 of injunction against such common carrier, to restrain 

 such common carrier from receiving or transporting 

 property among the several States and Territories of 

 the United States, or between the United States and 

 adjacent foreign countries, or between ports of trans- 

 shipment and of entry and the several States and Ter- 

 ritories of the United States, as mentioned in the first 

 section of this act, until such common carrier shall 

 have complied with the aforesaid provisions of this 

 section of this act. 



SEC. 7. That it shall be unlawful for any common 

 carrier subject to the provisions of this act to enter 

 into any combination, contract, or agreement, ex- 

 pressed or implied, to prevent, by change of time 

 schedule, carriage in different cars, or by other means 

 or devices, the carriage of freights from being con- 

 tinuous from the place of shipment to the place of 

 destination ; and no break of bulk, stoppage, or in- 

 terruption made by such common carrier shall pre- 

 vent the carriage of freights from being and being 

 treated as one continuous carriage from "the place of 

 shipment to the place of destination, unless such break, 

 stoppage, or interruption was made in good faith for 

 some necessary purpose, and without any intent to 

 avoid or unnecessarily interrupt such continuous car- 

 riage or to evade any of the provisions of this act. 



SEO. 8. That in case any common carrier subject to 

 the provisions of this act' shall do, cause to be done, 

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

 act prohibited or declared to be unlawful, or shall 

 omit to do any act, matter, or thing in this act re- 

 quired to be done, such common carrier shall be liable 

 to the person or persons injured thereby for the full 

 amount of damages sustained in consequence of any 

 such violation of the provisions of this act, together 

 with a reasonable counsel or attorney's fee, to be fixed 

 by the court in every case of recovery, which attor- 

 ney's fee shall be taxed and collected as part of the 

 costs in the case. 



SEC. 9. That any person or persons claiming to be 

 damaged by any common carrier subject to the pro- 

 visions of this act may either make complaint to the 

 commission as hereinafter provided for, or may bring 

 suit in his or their own behalf for the recovery of the 

 damages for whicli such common carrier may be liable 

 under the provisions of this act, in any district or cir- 

 cuit court of the United States of competent jurisdic- 

 tion ; but such person or persons shall not have the 

 right to pursue both of said remedies, and must in 

 each case elect which one of the two methods of pro- 

 cedure herein provided for he or they will adopt. In 

 any such action brought for the recovery of damages 

 the court before which the saina shall be pending may 

 compel any director, officer, receiver, trustee, or agent 

 of the corporation or company defendant in such suit 

 to attend, appear, and testify in such case, and may 

 compel the production of the books and papers of such 

 corporation or company party to any such suit ; the 

 claim that any such testimony or 'evidence may tend 

 to criminate trie person giving such evidence shall not 

 excuse such witness from testifying, but such evidence 

 or testimony ahull not be used against such person on 

 the trial of any criminal proceeding. 



SEC. 10. That any common carrier subject to the 

 provisions of this act, or, whenever such common 

 carrier is a corporation, any director or officer thereof, 

 or any receiver, trustee, lessee, agent, or person act- 

 ing tor or employed by such corporation, who,- alone 

 or with any other corporation, company, person, or 

 party, shall willfully do or cause to be done, or shall 

 willingly suffer or permit to be done, any act, matter, 

 or thing in this act prohibited or declared to be un- 

 lawful, or who shall aid or abet therein, or shall will- 

 fully omit or fail to do any act, matter, or thins: in 

 this act required to be done, or shall cause or willing- 



ly suffer or permit any act, matter or thing so directed 

 or required oy this act to be done not to be so done, 

 or shall aid or abet any such omission or failure, or 

 shall be guilty of any infraction of this act, or shall 

 aid or abet therein, shall be deemed guilty of a mis- 

 demeanor, and shall, upon conviction thereof in any 

 district court of the United States within the juris- 

 diction of which such offense was committed, be sub- 

 ject to a fine of not to exceed $5,000 for each offense. 



SEC. 11. That a commission is hereby created and 

 established, to be known as the Interstate Commerce 

 Commission, which shall be composed of five commis- 

 sioners, who shall be appointed by the President, by 

 and with the advice and consent of the Senate. The 

 commissioners first appointed under this act shall 

 continue in office for the term of two, three, four, 

 five, and six years, respectively, from the 1st day of 

 January, A. p. 1887, the term of each to be designated 

 by the President ; but their successors shall be ap- 

 pointed for terms of six years, except that any person 

 chosen to fill a vacancy shall be appointed only for 

 the unexpired term of the commissioner whom he 

 shall succeed. Any commissioner may be removed 

 by the President for inefficiency, neglect of duty, or 

 malfeasance in office. Not more than three of the 

 commissioners shall be appointed from the same po- 

 litical party. No person in the employ of, or holding 

 any official relation to, any common carrier subject to 

 the provisions of this act, or owning stock or bonds 

 thereof, or who is in any way pecuniarily interested 

 therein, shall enter upon the duties of or hold such 

 office. Said commissioners shall not engage in any 

 other business, vocation, or employment. No va- 

 cancy hi the commission shall impair the right of the 

 remaining commissioners to exercise all the powers of 

 the commission. 



SEC. 12. That the commission hereby created shall 

 have authority to inquire into the management of the 

 business of all common carriers subject to the provis- 

 ions of this act, and shall keep itself informed as to 

 the manner and method in which the same is con- 

 ducted, and shall have the right to obtain from such 

 common carriers full and complete information neces- 

 sary to enable the commission to perform the duties 

 and carry out the objects for which it was created ; 

 and for the purposes of this act the commission shall 

 have power to require the attendance and testimony 

 of witnesses and the production of all books, papers, 

 tariffs, contracts, agreements, and documents relating 

 to any matter under investigation, and to that end 

 may invoke the aid of any court of the United States 

 in requiring the attendance and testimony of wit- 

 nesses and the production of books, papers, and docu- 

 ments under the provisions of this section. 



And any of the circuit courts of the United States 

 within the jurisdiction of which such inquiry is car- 

 ried on may, in case of contumacy or refusal to obey 

 a subpoena issued to any common carrier subject to 

 the provisions of this act, or other person, issue an or- 

 der requiring such common carrier or other person to 

 appear before said commission (and produce books 

 and papers if so ordered) and give evidence touching 

 the matter in question ; and any failure to obey such 

 order of the court mav be punished by such court as 

 a contempt thereof. T,he claim that any such testi- 

 mony or evidence may tend to criminate the person 

 giving such evidence shall not excuse such witness 

 from testifying ; but such evidence or testimony shall 

 not be used against such person on the trial of any 

 criminal proceeding. 



SEO. 13. That any person, firm, corporation, or as- 

 sociation, or any mercantile, agricultural, or manu- 

 facturing society, or any body politic or municipal or- 

 ganization, complaining of anything done or omitted 

 to be done by any common carrior subject to the pro- 

 visions of this act in contravention of the provisions 

 thereof, may apply to said commission by petition, 

 which shall briefly state the facts ; whereupon a state- 

 ment of the charges thus made shall be forwarded by 

 the commission to such common carrier, who shall be 



