Sec. 20 54 Stat. 917. Access by Commission to records. Protective or car service. Form of accounts, etc., prescribed. Reports required. Submission of records to Commission or its agents. 54 Stat. 918. Failure to keep or submit prescribed records, penalty. NOTE. "Control" construed for purposes of this section, § 1 (3) (b). Comparable provisions, part II, § 220 (d); part III, § 313 (e), (f); part IV, § 412 (c), (d). (6) The Commission or any duly authorized special agent, accountant, or examiner thereof shall at all times have authority to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents, of persons which furnish cars or protective service against heat or cold to or on behalf of any carrier by railroad or express company subject to this part: Provided, however, That such authority shall be limited to accounts, books, records, memoranda, correspondence, or other documents which pertain or relate to the cars or protective service so furnished. The Commission shall further have authority, in its discretion, to prescribe the forms of any or all accounts, records, and memoranda which it is authorized by this paragraph to inspect and copy, and to require the persons furnishing such cars or protective service, as aforesaid, to submit such reports and specific and full, true, and correct answers to such questions, relative to such cars or service, as the Commission may deem necessary. Persons furnishing such cars or protective service shall submit their accounts, books, records, memoranda, correspondence, or other documents, to the extent above provided, for inspection or copying to any duly authorized special agent, accountant, or examiner of the Commission upon demand and the display of proper credentials. (7) (a) In case of failure or refusal on the part of any carrier, lessor, or other person to keep any accounts, records, and memoranda in the form and manner prescribed, under authority of this section, by the Commission, or to submit any accounts, books, records, memoranda, correspondence, or other documents to the Commission or any of its authorized agents, accountants, or examiners for inspection or copying, as required under this section, such carrier, lessor, or person shall forfeit to the United States not to exceed $500 for each such offense and for each day during which such failure or refusal continues. NOTE. Comparable penal provisions, part II, § 222 (g), (h); part III, § 317 (d); part IV, § 421 (d). Sec. 20 54 Stat. 918. False entry. Destruction or make entries. (b) Any person who shall knowingly and willfully make, cause to be made, or participate in the making of, any false entry in any annual or other report required under this section to be filed, or in the accounts of any book of accounts or in any records or memoranda kept by a carrier, or required under this section to be kept spoliation. by a lessor or other person, or who shall knowingly and willfully destroy, mutilate, alter, or by any other means or device falsify the record of any such accounts, records, or memoranda, or who shall knowingly and willfully neglect or fail to make full, true, and correct entries in Failure to such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, lessor, or person, or shall knowingly and willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, or shall knowingly or willfully file with the Commission any false report or other document, shall False report or be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of the United States of competent jurisdiction to a fine of not more than five thousand dollars or imprisonment for not more than two penalty. years, or both such fine and imprisonment: Provided, Keeping ac counts contrary to rules. document filed. That the Commission may in its discretion issue orders 35 Stat. 649. specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of such carriers, lessors, or other persons as may, after a reasonable time, be destroyed, records, rules and prescribing the length of time the same shall be preserved. NOTE. Comparable provisions, as to destruction of records, etc., part II, § 220 (d); part III, 313 (g); part IV, § 412 (e); penal provisions, part II, § 222 (g); part III, § 317 (d); part IV, § 421 (d). Destruction of authorizing. 54 Stat. 918. Car or protective service. (c) Any carrier or lessor, or person furnishing cars or protective service, or any officer, agent, employee, or representative thereof, who shall fail to make and file an annual or other report with the Commission within the time fixed by the Commission, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Commission so to do, shall forfeit to the United States -penalty. the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto. -failure to report truly. 88 Sec. 20 34 Stat. 593. 54 Stat. 918. Refusal of ac sion or agents. (d) In case of failure or refusal on the part of any carrier or lessor to accord to the Commission or its duly cess to Commis authorized special agents, accountants, or examiners, access to, and opportunity for the inspection and examination of, any lands, buildings, or equipment of said carrier or lessor, as provided in this section, such carrier or lessor shall forfeit to the United States the sum of one hundred dollars for each day during which such failure or refusal continues. -penalty. 34 Stat. 593. 54 Stat. 919. Forfeitures: recovery. 34 Stat. 593. 54 Stat. 919. Divulging information unlawfully. --exception. --penalty. 54 Stat. 919. 63 Stat. 48 (e) All forfeitures authorized in this paragraph (7) shall be recovered in the manner provided for the recovery of forfeitures under the provisions of this part. (f) Any special agent, accountant, or examiner who knowingly and willfully divulges any fact or information which may come to his knowledge during the course of any examination or inspection made under authority of this section, except insofar as he may be directed by the Commission or by a court or judge thereof, shall be guilty of a misdemeanor and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not more than $500 or imprisonment for not exceeding six months, or both. NOTE. Comparable provisions, part II, § 222 (d); part III, § 317 (e); part IV, § 421 (e). (8) As used in this section, the words "keep" and "kept" shall be construed to mean made, prepared, or compiled, as well as retained; the term "carrier" means a common carrier subject to this part, and includes a receiver or trustee of such carrier; the term "lessor" means a person owning a railroad, a water line, or a pipe line, leased to and operated by a common carrier subject to this part, and includes a receiver or trustee of such lessor, and the term "association" means an association or organization maintained by or in the interest of any group of carriers subject to this part which performs any service, or engages in any activities, in connection with any traffic, transportation, or facilities subject to this Act. NOTE. Comparable provisions, part II, § 220 (e); part III, §§ 313 (h), 317 (d); part IV, §§ 412 (f), 421 (d). 89 Sec. 20 (9) That the circuit and district courts of the United States shall have jurisdiction, upon the application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of said Act to regulate commerce or of any Act supplementary thereto or amendatory thereof by any common carrier, to issue a writ or writs of mandamus commanding such common carrier to comply with the provisions of said Acts, or any of them. NOTE. Writs of mandamus, see note to § 23. Comparable provisions, violations of § 5, § 5 (8); part II, § 222 (b); part III, § 316 (b); part IV, as to prohibited relations with freight forwarder, § 411 (e); enforcement of part IV generally, § 417 (b); Judicial Code, 28 U. S. C. § 2284, § 2321. Circuit courts abolished, see notes to § 9. (10) And to carry out and give effect to the provisions of said Acts, or any of them, the Commission is hereby authorized to employ special agents or examiners who shall have power to administer oaths, examine witnesses, and receive evidence. NOTE. Comparable provisions, employees authorized, compensation, § 18 (1); part II, § 205 (d), (j); part III, § 319. 4 Stat. 595. 8 Stat. 1197. 44 Stat. 1450. 49 Stat. 543. 39 Stat. 441. 46 Stat. 251. 54 Stat. 919. Cummins amended. Receiving bill of lading. Liability for (11) That any common carrier, railroad, or transportation company subject to the provisions of this part receiving property for transportation from a point in one State or Territory or the District of Columbia to a point in another State, Territory, District of Columbia, amendment, as or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of carrier to issue lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property loss. caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, and no contract, receipt, rule, regulation, or other limitation of any character whatsoever shall exempt such common carrier, railroad, or transportation conpany from the liability hereby imposed; and any such common carrier, railroad, or transportation company so receiving property for transportation from a point in one Not exempted by any contract or other limita tion. Sec. 20 44 Stat. 1448. Delivering carrier also liable. Liability for full actual loss. Limitations of liability or amount of recovery void. Liability for loss while property in custody of water carrier. 54 Stat. 919. 39 Stat. 441. Baggage. When inapplicable to property other thau ordinary livestock. State, Territory, or the District of Columbia to a point. |