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in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States the through rate on which shall not have been made public, as required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production. No change shall be made in the rates, fares, and charges or joint rates, fares, and charges which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties. Every common carrier subject to this Act shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party. The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged and may change the form from time to time as shall be found expedient. No carrier, unless otherwise provided by this Act, shall engage or participate in the transportation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, That wherever the word "carrier" occurs in this Act it shall be held to mean 66 common carrier." That in time of war or threatened war preference and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic." [34 Stat. L. 586.]

[Corporation common carriers - liability of corporations for violating regulations, etc. penalty for not filing tariffs, etc. rebates, concessions, etc., prohibited penalty-imprisonment added - prosecutions - liability for acts of agents, etc. - departure from published rates an offense - penalty for

receiving rebates from carriers-additional fine civil suit to recover amount of recovery.] That section one of the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, be amended so as to read as follows:

"That 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 this Act, 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 this Act 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 one thousand dollars nor more than twenty thousand dollars 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 one thousand dollars nor more than twenty thousand dollars: Provided, That any person, or any officer or director of any corporation subject to the provisions of this Act, or 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. 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 this Act 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 of this Act. Any person, corporation, or company who shall deliver property for interstate 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 from one State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or foreign country, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transportation of such property, as fixed by the schedules of rates provided for in this Act, shall in addition to any penalty provided by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and the Attorney-General of the United States is authorized and directed, whenever he has reasonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as aforesaid, to institute in any court of the United States of competent jurisdiction, a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be." [34 Stat. L. 587.]

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1 of the Act of Feb. 19, 1903, above amended, is set forth in 10 Fed. Stat. Annot. 170.

The plain intention of Congress in the interstate rate legislation was to close every avenue against discrimination. This purpose is even more apparent in the present Act than in the Acts which it amends. Bearing this in mind, the courts, in construing the Act, will not hesitate in giving significance to changes in the language of the statutes as they occur from time to time. U. S. v. Chicago, etc., R. Co., (1908) 163 Fed. 114.

Foreign shipments. That the shipment, although made from a foreign country to a place in the United States, is subject to the interstate commerce law, is evident from the terms of the law, and being subject to the operation of the law, it follows that the provisions in relation to posting and publishing schedules of rates on such shipments also must apply. Fisher . Great Northern R. Co., (Wash.) 95 Pac. 77, 78.

Effect on transferability of tickets. Under the requirement of this Act that the published schedules filed with the commission must show "all privileges or facilities granted or allowed," as well as any rules or regulations which affect "any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger," etc., a railroad company cannot enforce a rule, printed on its tickets, that such tickets shall not be transferable, where its published schedules fail to mention the nontransferable

feature. "The sale and transfer of the ticket is not only a privilege, but a right which directly enters into and affects the value of the ticket; and hence, if either the right is to be denied or the privilege abridged, under the plain language of the Act in question, it must be shown in the published tariff and schedule of the company." Baltimore, etc., R. Co. v. Hamburger, (1907) 155 Fed. 849.

Presumption as to compliance. It will be presumed, in the absence of evidence to the contrary, that every common carrier engaged in interstate commerce has complied with the above section by establishing rates and printing, filing, publishing, and posting them. Meeker. Lehigh Valley R. Co., (1908) 162 Fed. 354.

By the addition of the word "different" to the words "greater or less" of the Act, by the above, in the prohibition against charging or receiving "a greater or less or different compensation" than the rates, etc., specified in the tariff filed, it was the intention of Congress to make the law more explicit and more difficult to evade. U. S. v. Chicago, etc., R. Co., (1908) 163 Fed. 114.

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value placed in advance upon advertising, its value depending upon the number of copies of the publication issued, the character of its subscribers, and many other questions; that the fact that the publisher of the advertising accepted transportation under restrictions and conditions indicated that his advertising was of less than the cash value specified, since for the cash he could have purchased transportation free from the restrictions; and that since, under the contract, the publisher could have demanded the whole amount of transportation at the beginning of the term, before anything had been earned, in the mere matter of interest, the rate would be less than and different from that published.

Quotation of lower rate. The shipper cannot, except at his own risk, obtain information as to rates otherwise than from the schedules. Though a common carrier, by mistake or otherwise, quotes a shipper a rate lower than that stated in the schedules and delivers the goods upon payment of the charges calculated according to the rate so quoted, the carrier nevertheless thereafter may demand of the shipper the difference between the rate collected and that which should have been collected, and upon his refusal to pay may maintain an action therefor. Georgia R. Co. v. Creety, (Ga.) 63 S. E. 528.

See also infra, notes to sec. 10. Effect on previous Act. - By this Act, section 1 of the Act of Feb. 19, 1903, was amended by inserting after the words "every person or corporation," in the clause declaring the parties guilty of a misdemeanor, the words "whether carrier or shipper," and also by inserting in such clause, after the words "who shall," the word "knowingly; " by striking out the clause providing that no penalty shall be imposed other than a fine, and inserting in lieu thereof the proviso, in substance, that any person or any officer or director of any corporation subject to the provisions of the Act, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation shall, in addition to the fine, be liable to imprisonment; and by inserting after the word "carrier," in the two instances in which it appears in the sentence beginning "in construing and enforcing," the words "or shipper." U. S. v. Chicago, etc., R. Co., (1907) 151 Fed. 84, affirmed sub nom. Great Northern R. Co. v. U. S., 155 Fed. 945, 208 U. S. 452.

The effect of knowingly offering, soliciting, giving, or taking rebates, etc., under the prior Act of Feb. 19, 1903, is unaffected by the above section, and the punishment therefor is unchanged. As to them, the prior law is not abrogated or repealed, but is preserved and continued, and the liability of the offender to prosecution and punishment, whether the offense was committed before or after this Act, is unaffected. But in so far as the original enactment embraces such acts when not know

ingly done, it is repealed by this Act. Prosecutions for such offenses under the prior Act, however, even though not alleged to have been knowingly committed, and not actually begun at the date of the passage of the present law, are saved by R. S. sec. 13, with which section 10 of the present Act is not in conflict. Great Northern R. Co. v. U. S. (C. C. A. 1907) 155 Fed. 945, affirming sub nom. U. S. v. Chicago, etc., R. Co., (1907) 151 Fed. 84, and affirmed 208 U. S. 452.

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Offense committed before adoption. — In U. S. v. New York Cent., etc., R. Co., (1906) 146 Fed. 298, 305, District Judge Holt, of New York, ruled that the provision immediately following the word "provided" above is not retrospective and does not make any person liable to imprisonment for offenses committed before the passage of this Act; "but it authorizes the inference that, in the opinion of Congress, without such an amendment, no punishment by imprisonment for such offenses could be imposed."

Venue of offense. By this amendment the Act to regulate commerce was strengthened by the provisions making it unlawful for any carrier which has not filed its rates to transport passengers or property in interstate commerce, and by addition of the penalty of imprisonment for individuals. Only by virtue of the present enactment can a prosecution against a carrier for transporting goods without first having filed its schedule of rates be maintained. Heretofore the Act made failure to file rates with the commission at Washington an offense, but did not provide that transportation without filing rates should also be an offense. Under the old law, therefore, it was decided that the prosecution for failure to file could be brought only in the District of Columbia, where the office of the commission is situated. By the amendment, however, the prosecution for transportation when rates have not been filed may be brought in any district through which the transportation passes. New York Cent., etc., R. Co. v. U. S., 166 Fed. 270; U. S. v. Illinois Terminal R. Co., 168 Fed. 546.

See also supra, notes to sec. 1.

The insertion of the word "knowingly” in the above provision in the clause making the offering, etc., of rebates a misdemeanor, does not make it necessary that indictments subsequently found for violations of the Act of Feb. 19, 1903, which took place prior to the enactment of the present provision, should allege the violations to have been "'knowingly" committed. This view necessarily follows from the holding, stated in the notes to section 10 of the Act, infra, that that section, construed in connection with R. S. sec. 13, does not release or extinguish any liability incurred under the prior Act. U. S. v. Ďelaware, etc., R. Co., (1907) 152 Fed. 269. See also supra, notes to sec. 1.

SEC. 3. [Investigations reports to give conclusions, orders, etc. - record, etc.- publications - receivable as evidence.] That section fourteen of said Act, as amended March second, eighteen hundred and eighty-nine, be amended so as to read as follows:

"SEC. 14. That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports." [34 Stat. L. 589.]

Section 14 of the Interstate Commerce Act is given in 3 Fed. Stat. Annot. 843.

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SEC. 4. [Violations commission to determine just and reasonable maximum rates to be observed - regulations — order to carrier effect, etc. — apportionment of joint rates, etc. through routes and joint rates- allowance for instrumentalities of transportation - powers not excluded.] That section fifteen of said Act be amended so as to read as follows:

"SEC. 15. That the Commission is authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint made as provided in section thirteen of this Act, or upon complaint of any common carrier, it shall be of the opinion that any of the rates, or charges whatsoever, demanded, charged, or collected by any common carrier or carriers, subject to the provisions of this Act, for the transportation of persons or property as defined in the first section of this Act, or that any regulations or practices whatsoever of such carrier or carriers affecting such rates, are unjust or unreasonable, or unjustly discriminatory, or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this Act, to determine and prescribe what will be the just and reasonable rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged; and what regulation or practice in respect to such transportation is just, fair, and reasonable to be thereafter followed; and to make an order that the carrier shall cease and desist from such violation, to the extent to which the Commission find the same to exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation in excess of the maximum rate or charge so prescribed, and shall conform to the regulation or practice so prescribed. All orders of the Commission, except orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in' force for such period of time, not exceeding two years, as shall be prescribed in the order of the Commission, unless the same shall be suspended or modified or set aside by the Commission or be suspended or set aside by a court of competent jurisdiction. Whenever the carrier or carriers, in obedience to such order of the Commission or otherwise, in respect to joint rates, fares, or charges, shall fail to agree among themselves upon the apportionment or division thereof, the Commission may after hearing make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto, which order shall take effect as a part of the original order. The Commission may also, after hearing on a complaint, establish through routes and joint rates as the maxi

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