Re Belknap, 96 Fed. 614; Davis v. United States, 104 Fed. 136, 43 C. C. A. 448.

§ 387. Penalties and Damages for Inducing Discriminations. -If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or any other thing of value, solicitation, or otherwise, induce or attempt to induce any common carrier subject to the provisions of this act, of 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 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; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in any action 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.

Paragraph 4 of Sec. 10 added by Act March 2, 1889 as amended by Act June 18, 1910. The words italicized were added by the Act of 1910 and the words "on the case" were omitted by that amendment.

Paragraph four of section ten added by Act March 2, 1889. Cited, Washer Grain Co. v. Mo. Pac. Ry. Co., 15 I. C. C. 147, 152, 153. What should be stated in an indictment. United States v. Hanley, 71 Fed. 672.

§ 388. Appointment and Term of Office of Commissioner. -That a Commission is hereby created and established to be known as the Interstate Commerce Commission, which shall be composed of eleven Commissioners, 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 first day of January, Anno Domini eighteen hundred and eighty-seven, the term of each to be designated by the President; but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Commissioner whom he shall suceed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than six of the Commissioners shall be appointed from the same political 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 manner 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 vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Section eleven of original Act, except as will appear from section twenty-four added by the Act of June 29, 1906, and amended by Transportation Act 1920, the number of Commissioners were increased from five to eleven, and this section has consequently been copied to conform to the provisions of section twenty-four.

The commission is a body corporate, with power to sue and be sued. Int. Com. Com. v. B. & O. R. Co., 145 U. S. 263, 36 L. Ed. 699, 12 Sup. Ct. 844; Int. Com. Com. v. A. T. & S. F. Ry. Co., 149 U. S. 264, 37 L. Ed. 727, 13 Sup. Ct. 837; Tex. & Pac. R. Co. v. Int. Com. Com., 162 U. S. 197, 40 L. Ed. 940, 16 Sup. Ct. 666.

§ 389. Power and Duty of Commissioners.-That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry.

out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation.

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

First two paragraphs of section twelve as enacted by Act of February 10, 1891, enlorging somewhat the original Act and the amendment of March 2, 1889.

The paragraphs of section 12 are numbered 1 to 7 by Transportation Act 1920.

The original Act covering this section read:

"That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary 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 witnesses and the production of books, papers, and documents. under the provisions of this section."

The Act of 1889 follows:

"That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the object for which it was created, and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute, under the direction of the Attorney-General of the United States, all necessary proceedings for the enforcement of the provisions of this act, and for the punishment of all violations thereof and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States and for the purposes of this act the Commission shall have the power to require, by subpoena, 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 in case of disobedience to a subpoena, the Commission, or any party to a poceeding before the Commission, may invoke. the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section."

Practice for complainant to obtain production of books. Rice v. Cincinnati, W. & B. R. Co., 3 I. C. C. 186, 2 I. C. R. 584, 594. Application to require production of the papers of third persons not before the Commission denied. Haddock v. Delaware, L. & W. R. Co., 4 I. C. C. 296, 3 I. C. R. 302. The Commission is vested with only administrative powers, which fall far short of making it a court. Kentucky & I. Bridge Co. v. L. & N. R. Co., 37 Fed. 567, 612, 613. The Interstate Commerce Commission is an administrative body and the Act authorizing the courts to aid the Commission with process to compel a response to the subpoena of the Commission is unconstitutional. Re Interstate Commerce Commission, Application for Order Against Brimson et al., 53 Fed. 476, 481. Reversed, holding section constitutional. Int. Com. Com. v. Brimson, 154 U. S. 477, 38 L. Ed. 1047, 14 Sup. Ct. 1125. Bill in equity filed in name of Commission, its duties stated. Int. Com. Com. v. Detroit, G. H. & M. Ry. Co., 57 Fed. 1005, 4 I. C. R. 722. Reversed. 74 Fed. 803, 21 C. C. A. 103, 43 U. S. App. 308, 167 U. S. 633, 42 L. Ed. 306, 17 Sup. Ct. 986. Not necessary in suits to enforce the orders of the Commission to file the testimony taken before it, but when such testimony was taken on notice, it may be offered by either party. Int. Com. Com. v. Cincinnati, N. O. & T. P. R. Co., 64 Fed. 981, 13 U. S. App. 700. But the mere opinion of the Commission is not admissible as evidence. Western N. Y. & P. R. Co. v. Penn Refining Co., 137 Fed. 343, 70 C. C. A. 23. Affirmed. Penn Refining Co. v. Western N. Y. & P. R. Co., 208 U. S. 208, 52 L. Ed. 456, 28 Sup. Ct. 268. Proceedings in the name of the United States are authorized by this section without a preliminary investigation by the Commission. United States v. Mo. Pac. Ry. Co., 65 Fed. 903. Reversed. Mo. Pac. Ry. Co. v. United States, 189 U. S. 274, 47 L. Ed. 811, 23 Sup. Ct. 507. Suit brought by authority of section. United States v. Joint Traffic Asso., 76 Fed. 895, 1 Fed. Anti-Trust Dec. 615. Affirmed. Circuit Court Appeals, 89 Fed. 1020, 32 C. C. A. 491, 45 U. S. App. 726, 1 Fed. Anti-Trust Dec. 869. See decision of Supreme Court, post, this section. tion quoted in discussing the refusal of a witness to answer in an investigation by a grand jury of violations of the

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