tion of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any Court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the Court, for each offense.

"Any person and any officer or agent of any corporation or company who shall deliver property for transportation to any common carrier, subject to the provisions of this Act, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly and willfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any Court of the United States of competent jurisdiction within the district in which such offense was committed, be subject for each offense to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the Court.

"If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or other thing of value, solicitation, or otherwise, induce any common carrier subject to the provisions of this Act, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person, or such officer or agent of such corporation or company, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any Court of the United States of competent jurisdiction within the districts within which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the Court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any Court of the United States of competent jurisdiction for all damages caused by or resulting therefrom. (25 Stat. L., 857.)"

Section 11 provides for the creation of an interstate commerce commission.

Section 12 defines the scope of the commission, provides for prosecution of proceedings, the attendance of witnesses, depositions, and self-incriminating testimony.

Section 13 provides for petitions as to violations of law, notice to carrier of charges filed, and for investigations.

Section 14 provides for written reports of investigations, and that such reports and decisions may be printed and distributed.

Section 15 provides for notice to the carrier of violations and for making of a record of compliance with the report.

Section 16 frames a procedure in case of refusal to obey the commission, provides for remedies, jury trials, appeals, and costs.

Section 17 provides for proceedings of commission, rules, quorums, appearances, records, seal, oaths and subpoenaes. Section 19 fixes the salaries, provides for witness fees.

Section 19 fixes the office and place of business at Washington, and allows the commission to hold special sessions in any part of the United States.

Section 22 provides for free carriage and reduced rates to certain corporations and persons.

CHAPTER XIII.

SLAVE TRADE AND PEONAGE.

§ 272. Legislation Founded on Amendments.

273. Confining or Detaining Slaves on Board Vessel. 274. Seizing Slaves on Foreign Shore.

275. Bringing Slaves Into the United States. 276. Equipping Vessels for Slave Trade.

277.

Transporting Persons to be Held as Slaves. 278. Hovering on Coast With Slaves on Board. 279. Serving in Vessels Engaged in Slave Trade.

280. Receiving or Carrying Away any Person to be Held as a Slave. 281. Equipping, Etc., Vessels for Slave Trade.

282. Penalty on Persons Building, Equipping, Etc., Vessels.

283. Forfeiture of Vessel Transporting Slaves.

284. Receiving Persons on Board to be Sold as Slaves.

285. Vessel Found Hovering on Coast.

286. Forfeiture of Interest in Vessels Transporting Slaves. 287. Seizure of Vessels Engaged in the Slave Trade.

288.

Proceeds of Condemned Vessels-How Distributed. 289. Disposal of Persons Found on Board Seized Vessels. Apprehension of Officers and Crew.

290.

291.

Removal of Persons Delivered from Seized Vessels. 292. To What Port Captured Vessels Sent.

293.

294.

When Owners of Foreign Vessels Shall Give Bond. Instructions to Commanders of Armed Vessels. 295. Kidnapping.

296. Holding or Returning to Peonage.

296a. Involuntary Servitude, Etc.,-Meaning of.

297.

Obstructing Execution of Above.

298. Bringing Kidnapped Persons Into the United States.

§ 272. Closely akin to the offenses against the elective franchise and civil rights of citizens heretofore treated in Chapter X., are some of the offenses to be treated in this chapter; both of which arise by reason of legislation under the authority of the Thirteenth and Fourteenth Amendments to the Constitution.

§ 273. Confining or Detaining Slaves on Board Vessel. Section 5375 of the 1878 Statutes, is practically reenacted in the new Code, as Section 246, with the excep

tion that the word "person" is substituted for the words "negro or mulatto;" and such new section is as follows:

"Sec. 246. Whoever, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's company of any vessel owned wholly or in part, or navigated for or in behalf of any citizen of the United States, forcibly confines or detains on board such vessel any person as a slave, or, on board such vessel, offers or attempts to sell as a slave any such person, or on the high seas, or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such person a slave, or lands or delivers on shore from on board such vessel any person with intent to make sale of, or having previously sold such person as a slave, is a pirate, and shall be imprisoned for life."

In prosecutions under this section, it must be alleged and shown that the defendant was one of the ship's company, and that he received or detained on board one or more persons with intent to make slaves of them, or aided and abetted others in doing so; and, of course, that he was a citizen of the United States. United States vs. Darnaud, 3 Wallace, Jr., 143. In United States vs. Westervelt, 5 Blatchf., 30, the Court said that there are four descriptions of the offense to be found in this section: first, a seizing the negroes, now "persons;" second, forcibly bringing and carrying them on board; third, decoying them; fourth, receiving them on board of the vessel.

It is the intent to make a slave that constitutes the essentials of the offense. Neither the seizing, nor forcibly bringing or carrying, or receiving, a person on board, is any offense without such intent. United States vs. Battiste, Second Summ., 240; United States vs. Libby, 1 W. & M., 221; United States vs. Corrie, Brun. Col. Cases, 686, 25 Federal Case No. 14869. In the Westervelt case, cited supra, the landing and seizing of negroes, and the forcibly bringing and carrying them on board comprehended the use of force, and, therefore, the decoying of them and the receiving them on board, do not constitute force.

It is entirely immaterial, under the Westervelt case, under U. S. vs. Brown, 24 Federal Case No. 14656, as to the ownership of the vessel, if the defendant is an American citizen.

§ 274. Seizing Slaves on Foreign Shore.-Old Section 5376 becomes Section 247 of the new Code, in the following words:

"Sec. 247. Whoever, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's company of any vessel owned in whole or part, or navigated for, or on behalf of, any citizen of the United States, lands from such vessel, and on any foreign shore, seizes any person with intent to make such person a slave, or decoys, or forcibly brings, or carries or receives such person on board such vessel, with like intent, is a pirate, and shall be imprisoned for life."

The substitution of the word "person" for the words "negro or mulatto" is made in the new law. In the case of the United States vs. Corrie, 25 Federal Cases, 658, the Court held that even though a person was on board the vessel who owned the negroes or mulattoes, he could not be convicted or punished under this statute, unless he was of the crew or ship's company.

§ 275. Bringing Slaves Into the United States.-Old Section 5377 becomes Section 248 of the new Code, without substantial change, except that the words "negro mulatto, or person of color" become simply the word "person:"

"Sec. 248. Whoever brings within the jurisdiction of the United States, in any manner whatsoever, any person from any foreign kingdom or country, or from sea, or holds, sells, or otherwise disposes of, any person so brought in, as a slave, or to be held to service or labor, shall be fined not more than ten thousand dollars, one half to the use of the United States and the other half to the use of the party who prosecutes the indictment to effect; and, moreover, shall be imprisoned not more than seven years.'

$276. Equipping Vessels for Slave Trade.-Section 5378 of the old statutes becomes Section 249 of the new Code, with the change of the words "negro, mulatto, or person of color" to the word "person:"

"Sec. 249. Whoever builds, fits out, equips, loads, or otherwise prepares, or sends away, either as master, factor, or owner, any vessel, in any port or place within the jurisdiction of the United States, or causes such vessel to sail from any port or place whatsoever, within such jurisdiction, for the purpose of procuring any person from any foreign kingdom or country to be transported to any port or place