memoranda than those prescribed or approved by the Commission, and it may employ special agents or examiners, who shall have authority under the order of the Commission to inspect and examine any and all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept by such carriers. This provision shall apply to receivers of carriers and operating trustees. The provisions of this section shall also apply to all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, kept during the period of Federal control, and placed by the President in the custody of carriers subject to this Act."

Paragraph 5 of section 20 as amended by section 435 of Transportation Act 1920. The former section read:

The Commission may, in its discretion, prescribe the forms of any and all accounts records, and memoranda to be kept by carriers subject to the provisions of this act, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of moneys. The Commission shall at all times have access to all accounts, records, and memoranda kept by carriers subject to this act, and it shall be unlawful for such carriers to keep any other accounts, records, or memoranda than those prescribed or approved by the Commission, and it may employ special agents or examiners, who shall have authority under the order of the Commission to inspect and examine any and all accounts, records, and memoranda kept by such carriers. This provision shall apply to receivers of carriers and operating trustees.

Fifth paragraph of section twenty as amended by Act of June 29, 1906.

In compliance with and under the authority of this section, the Commission has prescribed an elaborate and uniform system of accounting for carriers subject to the Act.

Notes of Decisions Rendered Since 1909.

Records of the transit house are subject to the provision of the Section. Transit case, 24 I. C. C. 340, 351. See Re Separa

tion of Operating Expenses, 30 I. C. C. 676, and Rules Governing the Separation of Operating Expenses between Freight and Passenger Service issued by the Commission, effective July 1, 1915.

§ 434. Penalities for Failure to Keep Accounts and for Falsifying the Record.-In case of failure or refusal on the part of any such carrier, receiver, or trustee to keep such accounts, records, and memoranda on the books and in the manner prescribed by the Commission, or to submit such accounts, records, or memoranda as are kept to the inspection of the Commission or any of its authorized agents or examiners, such carrier, receiver, or trustee shall forfeit to the United States the sum of five hundred dollars for each such offense and for each and very day of the continuance of such offense, such forfeitures to be recoverable in the same manner as other forfeitures provided for in this act.

Any person who shall willfully make any false entry in the accounts of any book of accounts or in any record or memoranda kept by a carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device, falsify the record of any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts. and transactions appertaining to the carrier's business, or shall keep any other accounts, records, or memoranda than those prescribed or approved by the Commission, shall 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 less than one thousand dollars nor more than five thousand dollars, or imprisonment for a term not less than one year nor more than three years, or both such fine and imprisonment.

Sixth and part of seventh paragraph of section twenty as amended by Act June 29, 1906.

§ 435. The Commission May Permit the Destruction of Papers. That the Commission may in its discretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, or documents of carriers

which may, after a reasonable time, be destroyed, and prescribing the length of time such books, papers, or documents shall be preserved.

Last part of paragraph 7 of section 20 as amended by Act of June 29, 1906.

§ 436. Penalty for an Examiner Divulging Information Received as Such.-Any examiner who divulges any fact or information which may come into his knowledge during the course of such examination, except in so far as he may be directed by the Commission or by a court or judge thereof 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 a term not exceeding two years, or both.

Eighth paragraph of section twenty as amended by Act June 29, 1906.

§ 437. United States Circuit and District Courts May, upon Application of Attorney-General at Request of Commission, Enforce Provisions of Act.-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.

Ninth paragraph of section twenty as amended by Act June 29, 1906.

The authority with reference to reports of the carriers did not exist prior to the Hepburn Act. United States v. Lake S. & M. S. Ry. Co., 197 U. S. 536, 49 L. Ed. 870, 25 Sup. Ct. 538.

Circuit courts having been abolished, district courts have jurisdiction.

Notes of Decisions Rendered Since 1909.

"Does not confer on the court power to compel by mandamus, in aid of an investigation by the Interstate Commerce

Commission pursuant to a resolution of the Senate requiring the investigation, a railroad to disclose amount of stock and bonds of another railroad company it owns or controls, and whether the two railroads serve the same territory in whole or in part, and whether, under separate ownership, they will be competitors, and other facts showing further relations between the two railroads and showing whether such relations restrict competition and maintain fixed rates; since the investigation does not relate to interstate commerce as regulated by the Interstate Commerce Act, but relates perhaps to other legislation, such as the anti-trust act," nor does the section authorize courts to compel a disclosure of privileged communication. United States v. L. & N. R. Co., 212 Fed. 486. Case affirmed. United States v. L. & N. R. Co., 236 U. S. 318, 59 L. Ed. 598, 35 Sup. Ct. 363.

§ 438. Commission May Employ Agents or Examiners. 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. Tenth paragraph of section twenty as amended by Act June 29, 1906.

§ 439. Receiving Carrier Liable for Loss, Remedy Cumulative. That any common carrier, railroad, or transportation company subject to the provisions of this Act 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, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line 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 car

rier, railroad, or transportation company from the liability hereby imposed; and any such common carrier, railroad, or transportation company so receiving property for transportation from a point in one State, Territory, or the District of Columbia to a point in another State or Territory, or from a point in a State or Territory to a point in the District of Columbia, or from any point in the United States to a point in an adjacent foreign country, or for transportation wholly within a Territory, shall be liable to the lawful holder of said receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to such property caused by it or by any such 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, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void.

Part of paragraph 11 section 20 known as Carmack Amendment and subsequently twice amended by what are designated as the Cummins Amendments.

§ 440. Carrier Liable for Full Value of Property Transported Continued. "Provided, that if the loss, damage, or injury occurs while the property is in the custody of a carrier by water the liability of such carrier shall be determined by and under the laws and regulations applicable to transportation by water, and the liability of the initial carrier shall be the same as that of such carrier by water."

Provided, however, That the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value, and declaring any such limitation to be unlawful and void, shall not apply, first to bag