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1 any act or omission which if done by an individual would be a misdemeanor 2 under the provisions of this act shall be deemed guilty of such misdemeanor 3 and shall be subject to the same penalty which is provided against the individual. "Every violation of this act shall be prosecuted in any court of the United 5 States having jurisdiction of crimes within the district in which such viola6 tion was committed; and whenever the offense is begun in one jurisdiction 7 and completed in another, it may be dealt with, inquired of, tried, determined, 8 and punished in either jurisdiction in the same manner as if the offense had 9 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 shall, in every case, be also deemed to be the act, omission, or 13 failure of such carrier as well as that of the person.
14 "All offenses heretofore committed shall be prosecuted and punished as pro15 vided for by the laws existing at the time such offenses were committed, for 16 which purpose all acts or parts thereof inconsistent with this act are continued 17 in force."
SEC. 2. That section fifteen of said act is hereby amended by adding the fol19 lowing words thereto:
"If the Commission, after full hearing had upon any petition hereafter pre21 sented, determines that the defendant or defendants are in violation of any of 22 the provisions of the act, in respect to any rate, relation of rates, whether 23 between localities or commodities, classification of freight, or other practice, it 24 shall be its duty to determine what rate, relation of rates, classification, or other 25 practice should be observed for the future in order to correct the wrong found 26 to exist, and it shall order said defendants to observe the same. In case of 27 ordering a change in the relation of rates, if it shall become necessary, in order 28 to establish or maintain a just relation thereof, to prescribe the rate or rates to 29 be observed by either or all of the parties concerned therein, it shall be its duty 30 so to do; and when a rate involved in any case is a joint rate, it shall further 31 determine the proportions in which the rate shall be shared by the several 32 carriers, if they fail to agree among themselves in respect thereto. In either of 33 these cases, if the several defendants shall not have notified the Commission 34 within ten days from the service of the order that they have come to an agree35 ment in respect to the relative rates in question, or in respect to the division of 36 the joint rate prescribed, the Commission shall thereupon fix the rates or 37 proportions to be observed for the future, in the case in question, as above 38 provided.
39 "Any such order shall be termed a 'definitive order,' and shall specify the 40 time when the same is to take effect, which shall in no case be less than twenty 41 days after service of said order upon defendant. Any defendant may review 42 said order by filing, within twenty days from the service thereof, with the cir43 cuit court of the United States for that district in which its principal office is 44 situated, a bill in equity for that purpose, and where there are several defend
1 ants, that court shall have jurisdiction in which such petition is first filed. The 2 United States shall be made the defendant in such proceeding and the Commis3 sion shall be forth with notified of the pendency thereof. Within fifteen days 4 from receiving such notice the Commission shall file in such court a complete 5 certified copy of the entire record in such case, and the court shall thereupon 6 proceed to hear the same upon such record; but it may also, in case either party 7 desires to submit further testimony, and such testimony could not reasonably 8 have been produced before the Commission, instruct the Commission to take 9 and certify up such testimony. If upon hearing the court shall be of the opinion 10 that the order of the Commission is not a lawful, just, and reasonable one, it 11 shail vacate the order; otherwise, it shall dismiss the proceedings in review. In 12 either case the court shall file with its decision a statement of the reasons upon 13 which such decision is based, a copy of which shall be certified forthwith to the 14 Commission. If the order of the Commission is vacated and no appeal is taken, 15 the Commission may reopen the case for further hearing and order, or it may 16 make a new order without further hearing; but such subsequent order shall be 17 subject to the same right of review as above provided.
"The filing of a petition to review an order shall of itself suspend the effect 19 of such order for thirty days, and the court before which the same is pending 20 may also, if upon an inspection of the record it plainly appears that the order 21 proceeds upon some error of law, or is unjust and unreasonable upon the facts, · 22 and not otherwise, suspend the operation of the order during the pendency of 23 the proceedings in review, or until further order of the court.
"Either party may, within thirty days, appeal from the judgment or decree 25 of the circuit court to the Supreme Court of the United States; but such appeal 26 shall not operate to stay or supersede the order of the circuit court.
"The defense in all such proceedings for review shall be undertaken by the 28 United States district attorney for the district wherein the action is brought, 29 under the direction of the Attorney-General of the United States, and the costs 30 and expenses of such defense shall be paid out of the appropriation for the 31 expenses of the courts of the United States.
"The Commission may, with the consent of the Attorney-General, employ 33 special counsel in any proceeding under this act, paying the expenses of such 34 employment out of its own appropriation."
SEC. 3. That section sixteen of said act as amended March second, eighteen 36 hundred and eighty-nine, is hereby amended by striking out all of the first para37 graph down to and including the words "and the costs and expenses of such 38 prosecution shall be paid out of the appropriation for the expenses of the courts 39 of the United States," and inserting in lieu thereof the following:
"A definitive order which has become operative by its terms and has not been 41 suspended or vacated in the manner specified in the preceding section shall be 42 obligatory upon and observed by the defendant carrier or carriers against whom 43 it is made: Provided, That when a carrier has actually observed said order for
1 the space of two years it shall no longer be binding upon said carrier: And pro2 vided further, That the Commission may at any time rescind or modify such 3 order.
4 "If, however, the carrier, after the expiration of that period, shall make any 5 change from the rate or other practice directed by the Commission, any party 6 interested may file with the Commission his objection to such change within 7 sixty days, and the Commission may thereupon order the carrier to restore and 8 maintain the rate or practice required by the original order pending its investi9 gation as to the lawfulness or reasonableness of such change. The order of the 10 Commission directing a restoration of the rate originally required shall not be 11 subject to review, but its final order, issued pursuant to such investigation, shall 12 be subject to the same right of review as is provided in the preceding section of 13 this act.
"If a carrier neglects or refuses to obey an order which is obligatory upon it as above, the circuit court of the United States for any district through which 16 any portion of the road of such carrier runs shall, upon petition of the complain17 ant in the original suit, or of the Commission, or of any party interested, enforce 18 obedience to such order by mandamus, injunction, or other summary process of 19 said court, and the circuit courts of the United States are hereby invested with 20 the necessary powers thereto. Every carrier, or the receiver, lessee, trustee, offi21 cer, or agent of such carrier, neglecting or refusing to obey such order shall also 22 be subject to a penalty of ten thousand dollars for each and every day which 23 he or it is in default, said penalty to be recovered for the use of the United 24 States in an appropriate suit brought in the name of the United States in the 25 circuit court for any district through which any portion of the road of the carrier runs.
"Any circuit court of the United States for a district through which any por28 tion of the road of a carrier runs shall, upon petition of the Commission or of 29 any party interested, enjoin such carrier or its receivers, lessees, trustees, officers, 30 or agents from giving, and a shipper from receiving, with respect to interstate 31 transportation of persons or property subject to the provisions of this act, any 32 concession from the lawfully published rate, or from accepting persons or prop33 erty for such transportation if a rate has not been lawfully published; and by 34 'concession' is meant the giving of any rebate or drawback, the rendering of 35 any additional service, or the practicing of any device or contrivance by which 36 a less compensation than that prescribed by the published tariffs is ultimately 37 received, or by which a greater service in any respect than that stated in 38 such tariffs is rendered. And in proceedings of this nature said court shall 39 have power to compel the attendance of witnesses, both upon the part of the 40 carrier and of the shipper, who shall be required to answer on all subjects relat41 ing directly or indirectly to the matter in controversy, and to compel the pro42 duction of all books and papers, both of the carrier and of the shipper, which 43 relate directly or indirectly to such transaction; but all persons so required to 44 testify shall have the same immunity from prosecution and punishment as is
I provided in an act approved February eleventh, eighteen hundred and ninety2 three, entitled 'An act in relation to testimony before the Interstate Commerce Commission, and in cases or proceedings under or connected with an 4 act entitled, "An act to regulate commerce," approved February fourth,
5 eighteen hundred and eighty-seven, and amendments thereto.''
SEC. 4. That all acts and parts of acts in conflict with the provisions of this 7 act are hereby repealed, but such repeal shall not affect causes now pending nor 8 rights which have already accrued, and such causes shall be prosecuted to a 9 conclusion and such rights enforced in the manner heretofore provided by law. SEC. 5. That this act shall take effect from its passage.