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of the Attorney-General of the United States, and the costs and expenses of such defense 2 shall be paid out of the appropriation for the expenses of the courts of the United States.

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The Commission may, with the consent of the Attorney-General, employ special counsel 4 in any proceeding under this Act, paying the expense of such employment out of its own 5 appropriation.

6 SEC. 2. That it shall be lawful for any two or more common carriers to arrange 7 between and among themselves for the establishment or maintenance of just and 8 reasonable rates. It shall also be lawful for such carriers to [agree, by] make 9 [contract] contracts in writing to be filed with the Interstate Commerce Com10 mission, [upon] for the division of their traffic or earnings, or both thereof; and 11 [upon] for the formation of traffic associations; [the complaint by petition or any 12 party interested that any such contract so filed unjustly and unlawfully affects 13 any person or persons, community or communities, it shall be the duty of the 14 Commission to promptly investigate the matters so complained of in such manner 15 and by such means as it shall deem proper, and make report in writing with 16 respect thereto, which report shall include the findings of fact upon which the 17 conclusions of the Commission are based, and be entered of record, If such 18 findings sustain in any material particular the allegations of said petition, then 19 it shall be the duty of said Commission to make an order either annulling said 20 contract after thirty days' notice, or directing that the said contract and the 21 practices thereunder, in the respects found to be unjust and unlawful, shall be 22 changed in the manner prescribed in the order. Should such requirements of the 23 Commission as to changes be not observed by the carriers, and written acceptance 24 thereof be not filed with the Commission within thirty days after notice, then said 25 contract filed as aforesaid shall be annulled. Any such order shall be subject 26 to all the provisions of section one of this act with respect to definitive orders 27 made upon petitions presented pursuant to section thirteen of an act entitled “An 28 act to regulate commerce," approved February fourth, eighteen hundred and 29 eighty-seven,] and said Commission shall have the right to examine by its duly 30 authorized agents, and may require to be filed with it from time to time copies of the 31 proceedings taken or decisions promulgated or other papers received or issued under, or 32 pursuant to, or in the execution of any such contracts in writing. After any such con33 tract in writing shall have gone into operation, the Commission may, either upon its 34 own motion or upon complaint of any party interested, inquire into the actual effect 35 thereof, and if it shall be of opinion that such contract results in unreasonable rates, 36 unjust discrimination, inadequate service, or is in any respect in contravention of said 37 act to regulate commerce it may enter an order annulling said contract on a date 38 named, which shall not be less than ten days from notice of said order, and thereupon 39 said contract shall cease and determine, or it may enter an order directing that said 40 contract and the practices thereunder shall be changed in the manner prescribed in 41 such order; and if all parties to such contract shall within fifteen days after notice of 42 such order file with the Commission written acceptances of such order, said contract shall 43 be held to be re-formed and thereafter be maintained accordingly; otherwise said con44 tract shall cease and determine.

1 SEC. 3. That if any party bound thereby shall refuse or neglect to obey or per2 form any order of the Commission mentioned in section one or section two of 3 this act at any time while the same is in force as provided by said section, obedi4 ence and performance thereof shall be summarily enforced by writ of injunction or other proper process, mandatory or otherwise, which shall be issued by any 6 circuit court of the United States upon petition of said Commission, accompanied

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by a certified copy of the order alleged to be violated, and evidence of the violation alleged; and in addition thereto the offending party shall be subject to a penalty 9 of [ten] not less than five thousand dollars for each day of the continuance thereof, 10 which, together with costs of suit, shall be recoverable by said Commission 11 by action of debt in any circuit court of the United States, and when so recov12 ered shall be for the use of the United States. Where, however, any order made 13 by the Commission shall involve the rate on traffic passing in part over the line or lines of any railroad company operating in any foreign country, and passing in 15 part over lines of railroad companies operating within the United States, or shall 16 involve the usages of such foreign road with respect to such traffic, then in case such an order shall not be observed it shall be lawful for the Commission, or the court having jurisdiction, in addition to the other remedies herein pro19 vided, to enforce the order against the traffic so passing in part through a foreign 20 country and in part through the United States, by suspension of the movement 21 thereof within the United States, save upon the condition that the terms of the 22 order shall be complied with.

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23 SEC. 4. That anything done or omitted to be done by a corporation common 24 carrier, subject to the act to regulate commerce, which, if done or omitted by 25 any lessee, trustee, receiver, officer, agent, or representative of such corporation, 26 would constitute a misdemeanor under said act, shall be held to be a misdemeanor 27 by such corporation, and upon conviction thereof it shall be subject to like pen28 alties as are prescribed in said act with reference to individuals, except as such 29 penalties are herein changed. The willful failure upon the part of any carrier 30 subject to said act to file and publish the tariffs of rates and charges as required 31 by said act, or strictly to observe such tariffs until changed according to law, or 32 any departure therefrom by such carrier by means of the payment of a rebate or other33 wise, shall be a misdemeanor, and upon conviction thereof the individual or cor34 poration offending shall be subject to a fine not less than one thousand dollars 35 nor more than twenty thousand dollars for each offense; and the willful com36 plicity upon the part of any person owning or interested in the traffic to which 37 any other rate or rates shall be given than those prescribed in said tariffs shall 38 likewise constitute a misdemeanor, and, upon conviction, shall subject the 39 offender to the like penalties last hereinbefore prescribed with reference to the 40 carrier. In all convictions occurring after the passage of this act, for offenses 41 under said act to regulate commerce (whether committed before or after the 42 passage of this act), or for offenses under this section, no penalty shall be imposed 43 on the convicted party other than the fine prescribed by law, imprisonment 44 wherever now prescribed as part of the penalty being hereby abolished.

1 SEC. 5. That in any proceeding for the enforcement of the provisions of the 2 statutes relating to interstate commerce, whether such proceedings be instituted 3 before the Interstate Commerce Commission or be commenced originally in any 4 circuit court of the United States, it shall be lawful to include as parties all per5 sons, in addition to the carrier interested in or affected by the rate, regulation,

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or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same 8 manner, to the same extent and subject to the same provisions, as is or shall 9 be authorized by law with respect to carriers.

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SEC. 6. That whenever the Interstate Commerce Commission shall have rea11 sonable ground for belief that any common carrier is engaged in the carriage of 12 passenger or freight traffic between given points at less than the published rates 13 on file, or is rendering any additional service in any way beyond what is specified in 14 its published tariffs, it shall be authorized to present a petition to the circuit 15 court of the United States having jurisdiction of the parties, alleging such prac16 tice, whereupon it shall be the duty of the court to summarily inquire into the 17 circumstances, and, upon being satisfied of the truth of the allegation, to enforce 18 an observance of the published tariffs by proper orders and process, which said 19 orders and process may be enforceable as well against the parties interested in 20 the traffic as against the carrier.

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SEC. 7. That all acts and parts of acts in conflict with the provisions of this 22 act are hereby repealed, but such repeal shall not affect causes now pending nor rights which have already accrued, but such causes shall be prosecuted to a 24 conclusion and such rights enforced in a manner heretofore provided by law. 25 And all existing laws relative to testimony in cases or proceedings under or connected 26 with the act to regulate commerce shall also apply to any case or proceeding authorized 27 by this act.

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SEC. 8. That this act shall take effect from its passage.

THE NELSON BILL AS ORIGINALLY INTRODUCED.

[S. 3575, Fifty-seventh Congress, first session.]

A BILL to amend an act entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and all acts amendatory thereof.

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Be it enacted by the Senate and House of Representatives of the United States of 2 America in Congress assembled, That section ten of an act entitled "An act to 3 regulate commerce," as amended March second, eighteen hundred and eighty4 nine, be amended so as to read as follows:

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"SEC. 10. Every carrier, every lessee, trustee, receiver, officer, agent, or rep6 resentative of a carrier who shall transport or offer to transport traffic subject to this act at any other rate or upon any other terms and conditions than are 8 duly published in accordance with the provisions of the act, or who by the pay9 ment of any rebate, or by any other device, departs from such published rate 10 in the transportation of such traffic, or who transports such traffic without having 11 first published a tariff applicable to the same, agreeably to the provisions of the 12 act, and any person who procures, or solicits to be done, or assists, aids, or abets 13 in the doing of any one of the aforesaid acts, shall be deemed guilty of a misde14 meanor and shall, upon conviction thereof, be subject to a fine of not less than 15 five thousand dollars nor more than twenty thousand dollars for each such offense. 16 "Any person, whether an employee or a principal, or a member of a firm or 17 company, or an employee, agent, or officer of a corporation, for any of whom as 18 consignor or consignee any carrier subject to the provisions of this act shall 19 transport property, who shall knowingly, by false description, false weight, or 20 false representation of the contents of any package, or by any other fraudulent 21 means, obtain or attempt to obtain the transportation of property, with or with22 out the collusion of the carrier or any of its employees, agents, or representa23 tives, for a less compensation than that prescribed by the published tariffs or 24 schedules of rates in force at the time shall be deemed guilty of a misdemeanor 25 and shall, upon conviction thereof, be subject to a fine of not less than one thou26 sand dollars nor more than five thousand dollars for each such offense. 27 "Every carrier, every lessee, trustee, receiver, officer, agent, or representative 28 of a carrier who knowingly violates any provision of this act, or fails to perform 29 any requirement thereof, for which no penalty is otherwise expressly provided, 30 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be 31 subject to a fine of not less than one thousand dollars nor more than five thou32 sand dollars for each such offense. Every corporation which shall be guilty of