release, discharge or satisfaction thereof, and shall record, in such index the names and addresses of the principal debtors, trustees, guarantors and other parties thereto, as well as such other facts as may be necessary to facilitate the determination of the rights of the parties to such transactions. (Feb. 4, 1887, ch. 104, pt. I, § 20c, as added July 16, 1952, ch. 881, 66 Stat. 724.) § 21. Annual reports of Commission. The Commission shall, on or before the 3d day of January of each year, make a report which shall be transmitted to Congress and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission. (Feb. 4, 1887, ch. 104, pt. I, § 21, 24 Stat. 387; Mar. 2, 1889, ch. 382, § 8, 25 Stat. 862; May 23, 1935, ch. 136, 49 Stat. 287.) AMENDMENTS 1935-Act May 23, 1935, changed date for annual report from Dec. 1, to Jan. 3. 1889-Act Mar. 2, 1889, provided for direct report by Commission to Congress instead of to Secretary of the Interior and transmission by him to Congress and added provision that report contain information regarding names and compensation of employees. CROSS REFERENCES Printing and distribution of Commission reports, see section 269 of Title 44, Public Printing and Documents. § 22. Restrictions; quotations of rates for United States Government. (1) Nothing in this chapter shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the transportation of persons for the United States Government free or at reduced rates, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this chapter shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of Veterans' Administration facilities or State Homes for Disabled Volunteer Soldiers and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this chapter shall be construed to prohibit any common carrier from establishing by publication and filing in the manner prescribed in section 6 of this title reduced fares for application to the transportation of (a) personnel of United States armed services or of foreign armed services, when such persons are traveling at their own expense, in uniform of those services, and while on 36-500 065-vol, 10 46 official leave, furlough, or pass; or (b) persons discharged, retired, or released from United States armed services within thirty days prior to the commencement of such transportation and traveling at their own expense to their homes or other prospective places of abode; nothing in this chapter shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the free carriage, storage, or handling by a carrier of the household goods and other personal effects of its own officers or employees when such goods and effects must necessarily be moved from one place to another as a result of a change in the place of employment of such officers or employees while in the service of the carrier, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this chapter contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies; nothing in this chapter shall be construed to prohibit any common carrier from carrying any totally blind person accompanied by a guide or seeing-eye dog or other guide dog specially trained and educated for that purpose or from carrying a disabled person accompanied by an attendant if such person is disabled to the extent of requiring such attendant, at the usual and ordinary fare charged to one person, under such reasonable regulations as may have been established by the carrier: Provided, That no pending litigation shall in any way be affected by this chapter: Provided further, That nothing in this chapter shall prevent the issuance of joint interchangeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provisions of this chapter, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section 6 of this title; and all the provisions of said section relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges referred to in said section. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of section 10 of this title shall apply to any violation of the requirements of this proviso. Nothing in this chapter shall prevent any carrier or carriers subject to this chapter from giving reduced rates for the transportation of property to or from any section of the country with the object of providing relief in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or distaster, if such reduced rates have first been authorized by order of the Commission (with or without a hearing); but in any such order the Commission shall (1) define such section, (2) specify the period during which such reduced rates are to remain in effect, and (3) clearly define the class or classes of persons entitled to such reduced rates: Provided, That any such order may define the class or classes entitled to such reduced rates as being persons designated as being in distress and in need of relief by agents of the United States or any State authorized to assist in relieving the distress caused by any such calamitous visitation or disaster. No carrier subject to the provisions of this chapter shall be deemed to have violated the provisions of such chapter with respect to undue or unreasonable preference or unjust discrimination by reason of the fact that such carrier extends such reduced rates only to the class or classes of persons defined in the order of the Commission authorizing such reduced rates. (2) All quotations or tenders of rates, fares or charges under paragraph (1) of this section for the transportation, storage, or handling of property or the transportation of persons free or at reduced rates for the United States Government, or any agency or department thereof, including quotations or tenders for retroactive application whether negotiated or renegotiated after the services have been performed, shall be in writing or confirmed in writing and a copy or copies thereof shall be submitted to the Commission by the carrier or carriers offering such tenders or quotations in the manner specified by the Commission and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5b of this title shall the provisions of paragraph (9) of said section 5b apply, but said provisions shall continue to apply as to any agreement so approved by the Commission under which any such quotation or tender (a) was made prior to August 31, 1957 or (b) is on or after August 31, 1957 made and for security reasons, as hereinafter provided, is not submitted to the Commission: Provided, That nothing in this paragraph shall affect any liability or cause of action which may have accrued prior to August 31, 1957. Submittal of such quotations or tenders to the Commission shall be made concurrently with submittal to the United States Government, or any agency or department thereof, for whose account the quotations or tenders are offered or for whom the proposed services are to be rendered. Such quotations or tenders shall be preserved by the Commission for public inspection. The provisions of this paragraph requiring submissions to the Commission shall not apply to any quotation or tender which, as indicated by the United States Government, or any agency or department thereof, to any carrier or carriers, involves information the disclosure of which would endanger the national security. (Feb. 4, 1887, ch. 104, pt. I, § 22, 24 Stat. 387; Mar. 2, 1889, ch. 382, § 9, 25 Stat. 862; Feb. 8, 1895, ch. 61, 28 Stat. 643; Aug. 18, 1922, ch. 280, 42 Stat. 827; Feb. 26, 1927, ch. 217, 44 Stat. 1247; Mar. 4, 1927, ch. 510, § 1, 44 Stat. 1446; June 27, 1934, ch. 847, title V, § 511, 48 Stat. 1264; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; July 5, 1937, ch. 432, 50 Stat. 475; Aug. 25, 1937, ch. 776, 50 Stat. 809; Sept. 18, 1940, ch. 722, title I, § 3 (c-e), 54 Stat. 900; Sept. 27, 1944, ch. 423, 58 Stat. 751; July 27, 1956, ch. 759, 70 Stat. 702; Aug. 31, 1957, Pub. L. 85-246, 71 Stat. 564; Sept. 2, 1958, Pub. L. 85-857, § 13 (a), 72 Stat. 1264.) AMENDMENTS 1958-Pub. L. 85-857 substituted "inmates of Veterans' Administration facilities or State Homes" for "inmates of the National Homes or State Homes", in par. (1). 1957-Pub. L. 85-246 designated existing provisions as par. (1) and added par. (2). 1956 Act July 27, 1956, inserted after "or other guide dog specially trained and educated for that purpose" a comma and the words "or from carrying a disabled person accompanied by an attendant if such person is disabled to the extent of requiring such attendant,". 1944-Act Sept. 27, 1944, inserted provision authorizing establishment of reduced fares for transportation of personnel of armed services while on leave, furlough, or pass, or when returning to their homes after discharge, retirement, or release. 1940-Act Sept. 18, 1940, inserted provisions authorizing transportation of Government employees at free or reduced rates and for free carriage, storage, or handling of household and personal effects of officers and employees of carrier who may be transferred to new places of employment, repealed provision relating to reduced rates for transporting commodities to improve housing conditions, struck out (1) at beginning of section, and repealed pars. (2) and (3), relating to issuance of interchangeable mileage tickets. 1937-Act Aug. 25, 1937, provided in provision of par. (1), relating to reduced transportation charges in case of earthquake, flood, etc., that order of Commission authorizing such reduced rates shall also define and specify the classes of persons entitled thereto. Act July 5, 1937, inserted provision in par. (1) authorizing blind persons to be accompanied by guide dogs. 1934 Act June 27, 1934, added provision authorizing carriers to give reduced rates for transportation of commodities specified by Commission. 1927-Act Mar. 4, 1927, added provision to par. (1) authorizing reduced rates for transporting property for relief in case of earthquake, flood, etc. Act Feb. 26, 1927, inserted provision in par. (1) authorizing the carrying of blind person and guide on one fare. 1922-Act Aug. 18, 1922, designated section as par. (1) and added pars. (2) and (3), requiring issuance of interchangeable mileage or scrip coupon tickets, providing for discretionary exemption from such issuance, prescribing the making of rules and regulations governing the issuance and use of such tickets, and providing penalty for refusal to issue or accept such tickets. 1895-Act Feb. 8, 1895, added proviso authorizing issuance of joint interchangeable mileage tickets and requiring filing of joint tariffs of rates, fares, or charges on which such tickets are based. 1889-Act Mar. 2, 1889, inserted provisions authorizing free carriage of destitute and homeless persons transported by charitable societies and reduced rates to municipal governments for transportation of indigent persons or inmates of homes for disabled soldiers and sailors. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as a note preceding Part I of Title 38, Veterans' Benefits. CROSS REFERENCES Motor vehicle common carriers, application to, see section 317(b) of this title. Rates on Government traffic, see section 65 of this title. § 23. Mandamus to obtain equal facilities for shippers. The district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. (Feb. 4, 1887, ch. 104, pt. I, § 23; Mar. 2, 1889, ch. 382, § 10, 25 Stat. 862; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 16, 1942, ch. 318, § 5, 56 Stat. 301.) REFERENCES IN TEXT The act to which this is a supplement and all acts amendatory thereof, referred to in the text, means the Interstate Commerce Act, which is classified to this chapter and chapters 8, 12, 13, and 19 of this title. CODIFICATION Section is from section 10 of act Mar. 2, 1889, which was renumbered to be section 23 of the Interstate Commerce Act of Feb. 4, 1887, by act May 16, 1942. Act Mar. 3, 1911 conferred upon district courts the powers and duties previously conferred upon circuit courts. Another section 23 was contained in the Interstate Commerce Act as originally enacted by act Feb. 4, 1887, ch. 104, 24 Stat. 387. Such section appropriated funds for the fiscal year ending June 30, 1888. CROSS REFERENCES Orders, writs and process under this section may run, be served, and be returnable anywhere in United States, see section 2321 of Title 28, Judiciary and Judicial Procedure. FEDERAL RULES OF CIVIL PROCEDURE Abolition of writ of mandamus and obtaining of similar relief by appropriate action or motion, see rule 81 (b) of Title 28, Appendix, Judiciary and Judicial Procedure. § 25. Repealed. Sept. 18, 1940, ch. 722, title I, § 14 (a), 54 Stat. 919. Section, act Feb. 4, 1887, ch. 104, pt. I, § 25, as added by act Feb. 28, 1920, ch. 91, § 441, 41 Stat. 497, and amended Apr. 16, 1936, ch. 229, § 10, 49 Stat. 1212, related to schedules and rates of water carriers in foreign commerce and is now covered by chapter 12 of this title. § 26. Safety appliances, methods, and systems. (a) Definition of carrier. The term "carrier" as used in this section includes any carrier by railroad subject to this chapter (including any terminal or station company), and any receiver or any other individual or body, judicial or otherwise, when in the possession of the business of a carrier subject to this section: Provided, however, That the term "carrier" shall not include any street, interurban, or suburban electric railway unless such railway is operated as a part of a general steam-railroad system of transportation, but shall not exclude any part of a general steamrailroad system of transportation now or hereafter operated by any other motive power. (b) Order to install systems, etc.; modification; negligence of carrier. The Commission may, after investigation, if found necessary in the public interest, order any carrier within a time specified in the order, to install the block signal system, interlocking, automatic train stop, train control, and/or cab-signal devices, and/or other similar appliances, methods, and systems intended to promote the safety of railroad operation, which comply with specifications and requirements prescribed by the Commission, upon the whole or any part of its railroad such order to be issued and published a reasonable time (as determined by the Commission) in advance of the date for its fulfillment: Provided, That block signal systems, interlocking, automatic train stop, train control, and cab-signal devices in use on August 26, 1937, or such systems or devices hereinafter installed may not be discontinued or materially modified by carriers without the approval of the Commission: Provided further, That a carrier shall not be held to be negligent because of its failure to install such systems, devices, appliances, or methods upon a portion of its railroad not included in the order, and any action arising because of an accident occurring upon such portion of its railroad shall be determined without consideration of the use of such systems, devices, appliances, or methods upon another portion of its railroad. (c) Filing report on rules, standards, and instructions with Commission; time; modification. Each carrier by railroad shall file with the Commission its rules, standards, and instructions for the installation, inspection, maintenance, and repair of the systems, devices, and appliances covered by this section within six months after August 26, 1937, and, after approval by the Commission, such rules, standards, and instructions, with such modifications as the Commission may require, shall become obligatory upon the carrier: Provided, however, That if any such carrier shall fail to file its rules, standards, and instructions the Commission shall prepare rules, standards, and instructions for the installation, inspection, maintenance, and repair of such systems, devices, and appliances to be observed by such carrier, which rules, standards, and instructions, a copy thereof having been served on the president, chief operating officer, trustee, or receiver, of such carrier, shall be obligatory: Provided further, That such carrier may from time to time change the rules, standards, and instructions herein provided for. but such change shall not take effect and the new rules, standards, and instructions be enforced until they shall have been filed with and approved by the Commission: And provided further, That the Commission may on its own motion, upon good cause shown, revise, amend, or modify the rules, standards, and instructions prescribed by it under this subsection, and as revised, amended, or modified they shall be obligatory upon the carrier after a copy thereof shall have been served as above provided. (d) Inspection by Commission; personnel. The Commission is authorized to inspect and test any systems, devices, and appliances referred to in this section used by any such carrier and to determine whether such systems, devices, and appliances are in proper condition to operate and provide adequate safety. For these purposes the Commission is authorized to employ persons familiar with the subject. Such persons shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. No person interested, either directly or indirectly, in any patented article required to be used on or in connection with any of such systems, devices, and appliances or who has any financial interest in any carrier or in any concern dealing in railway supplies shall be used for such purpose. (e) Unlawful use of system, etc. It shall be unlawful for any carrier to use or permit to be used on its line any system, device, or appliance covered by this section unless such apparatus, with its controlling and operating appurtenances, is in proper condition and safe to operate in the service to which it is put, so that the same may be used without unnecessary peril to life and limb, and unless such apparatus, with its controlling and operating appurtenances, has been inspected from time to time in accordance with the provisions of this section and is able to meet the requirements of such test or tests as may be prescribed in the rules and regulations provided for in this section. (f) Report of failure of system, etc., and accidents. Each carrier shall report to the Commission in such manner and to such extent as may be required by the Commission, failures of such systems, devices, or appliances to indicate or function as intended; and in case of accident resulting from failure of any such system, device, or appliance to indicate or function as intended, and resulting in injury to person or property which is reportable under the rules of the Commission, a statement forthwith must be made in writing of the fact of such accident by the carrier owning or maintaining such system, device, or appliance to the Commission; whereupon the facts concerning such accident shall be subject to investigation as provided in sections 40-42 of Title 45. (g) Duties and powers of Commission. It shall be the duty of the Commission to see that the requirements of this section and the orders, rules, regulations, standards, and instructions made, prescribed, or approved hereunder are observed by carriers, and all powers granted prior to August 26, 1937, to the Commission are extended to it in the execution of this section. (h) Penalties; enforcement. Any carrier which violates any provision of this section, or which fails to comply with any of the orders, rules, regulations, standards, or instructions made, prescribed, or approved hereunder shall be liable to a penalty of $100 for each such violation and $100 for each and every day such violation, refusal, or neglect continues, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violations shall have been committed. It shall be the duty of such attorneys to bring such suits upon duly verified information being lodged with them showing such violations having occurred; and it shall be the duty of the Commission to lodge with the proper United States attorneys information of any violations of this section coming to its knowledge. (Feb. 4, 1887, ch. 104, pt. I, § 25, formerly § 26, as added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498, and amended Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Aug. 26, 1937, ch. 818, 50 Stat. 835, renumbered Sept. 18, 1940, ch. 722, title I, § 14 (b), 54 Stat. 919.) AMENDMENTS 1937-Act Aug. 26, 1937, divided section into subsections and amended section generally. CROSS REFERENCES Civil-service laws, generally, see Title 5, Executive Departments and Government Officers and Employees. Classification Act of 1949, see chapter 21 of Title 5. § 27. Short title. This chapter may be cited as part I of the Interstate Commerce Act. (Feb. 4, 1887, ch. 104, pt. I § 26, formerly § 27, as added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 499, and amended Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543, renumbered and amended Sept. 18, 1940, ch. 722, title I, § 14 (c), 54 Stat. 919.) AMENDMENTS 1940-Act Sept. 18, 1940, renumbered this section to be section 26 of act Feb. 4, 1887, and changed the style of citing the chapter from "Interstate Commerce Act" to "part I of the Interstate Commerce Act." Section 1 of act Sept. 18, 1940, amended the Interstate Commerce Act by inserting before Part I thereof (this chapter) the following provision entitled "Short Title": "This Act [chapters 1, 8, 12, 13, and 19 of this title] may be cited as the Interstate Commerce Act." 1935-Act Aug. 9, 1935, made this chapter Part I of the Interstate Commerce Act, and provided that "such part I may continue to be cited as the 'Interstate Commerce Act'." INTERSTATE COMMERCE ACT The Interstate Commerce Act originally consisted of but one part, set out in this chapter. This section was added to the original act of Feb. 4, 1887, as section 27 of that act by act of Feb. 28, 1920, and provided that the act [this chapter] might be cited as the "Interstate Commerce Act." A new part, designated part II, was added to the original act by act of Aug. 9, 1935, and set out in this code as chapter 8 of this title. The sections in existence prior to Aug. 9, 1935, were redesignated part I. Said sections were amended by the act of Aug. 9, 1935, by substituting for the words "this act" [translated in this code as "this chapter"], wherever they occurred, the words "this part." Said sections continued to be cited as the "Interstate Commerce Act," part II being cited as the "Motor Carrier Act, 1935." The act of Sept. 18, 1940, amended this section by renumbering it as section 26 of the original act and providing that the sections set out in this chapter might be cited as "part I of the Interstate Commerce Act." Section 1 of the act Sept. 18, 1940 amended the Interstate Commerce Act by inserting before part I thereof (this 41. Liability of corporation carriers and agents; offenses and penalties. (1) Liability of corporation common carriers; offenses; penalties; jurisdiction. (2) Liabilities for acts of agents; departure from published rates. (3) Receiving rebates; additional penalty and recovery thereof. 42. Parties included in proceedings to enforce law. 43. Proceedings in equity to enforce tariffs, etc.; United States attorneys; damages; witnesses; precedence. 44. Expedition of actions by United States involving general public importance. 45. Appeals to Supreme Court. 46. Self-incriminating testimony; perjury; refusal to testify. 47. Immunity of witness from prosecution; perjury. 48. Immunity extended to natural persons only. § 41. Liability of corporation carriers and agents; offenses and penalties. (1) Liability of corporation common carriers; of fenses; penalties; jurisdiction. Anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the Acts amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said Acts or under sections 41, 42, or 43 of this title, shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by sections 41, 42, or 43 of this title, with reference to such persons, except as such penalties are herein changed. The willful failure upon the part of any carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than $1,000 nor more than $20,000 for each offense; and it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $1,000 nor more than $20,000: Provided, That any person, or any officer or director of any corporation subject to the provisions of sections 41, 42, or 43 of this title or of the Act to regulate commerce and the Acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed, or through which the transportation may have been conducted; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. (2) Liabilities for acts of agents; departure from published rates. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier, or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well as that of the person. Whenever any carrier files with the Interstate Commerce Commission or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amendatory thereof, or participates in any rates so filed or published, that rate as against such carrier, its officers or agents, in any prosecution begun under sections 41, 42, or 43 of this title, shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an offense under this section. (3) Receiving rebates; additional penalty and recovery thereof. Any person, corporation, or company who shall deliver property for interstate transportation to any |