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United States

disobedience

If the matters involved in any such order or requirement of said Commission are founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Commission as provided in the fifteenth section of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to the Petition to circuit court of the United States sitting as a court of law courts in cases of in the judicial district in which the carrier complained of when trial by jury is neceshas its principal office, or in which the violation or disobe- sary. dience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time and place for the trial of said cause, which shall not be less than twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial the find- Findings of ings of fact of said Commission as set forth in its report mission shall be shall be prima facie evidence of the matters therein stated, dence. and if either party shall demand a jury or shall omit to waive a jury the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause; but if Trial by jury. all the parties shall waive a jury in writing then the court shall try the issues in said cause and render its judgment Trial by court. thereon. If the subject in dispute shall be of the value of two thousand dollars or more either party may appeal to Appeals to Suthe Supreme Court of the United States under the same United States. regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendition of the judgment of said circuit court. If the judgment of the circuit court shall be in favor of the party complaining he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the court, which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session.

SEC. 17. (As amended March 2, 1889.) That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the

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fact of the Com

prima facie evi

preme Court of

Counsel or attorney's fees.

merce Commis

Interstate Com- ends of justice. A majority of the Commission shall consion. Form of stitute a quorum for the transaction of business, but no procedure. Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Parties may ap. Any party may appear before said Commission and be Commission in heard, in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Commission shall have an official seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and affirmations and sign subpœnas.

pear before the

person or by at

torney.

Official seal.

missioners.

ary.

Employees.

SEC. 18. (As amended.) That each Commissioner shall Salaries of Com-receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall apSecretary-how point a secretary, who shall receive an annual salary of appointed; salthree thousand five hundred dollars, payable in like manner. The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties. Until Offices and sup- otherwise provided by law, the Commission may hire suitplies. able offices for its use, and shall have authority to procure Witnesses' fees. all necessary office supplies. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission.

Expenses of the Commission -how paid.

Principal office of the Commission.

SEC. 19. That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or the parties may be promoted or delay or expense preSessions of the vented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more may prosecute of the Commissioners, prosecute any inquiry necessary to or more of its its duties, in any part of the United States, into any mat

Commission.

Commission

inquiries by one

members in any

part of the

ter or question of fact pertaining to the business of any ited States. common carrier subject to the provisions of this act.

Carriers subject to the act

What reports

contain.

SEC. 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the must render full annual reports to provisions of this act, to fix the time and prescribe the man- Commission. ner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and of carriers shall the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commission may require; and the said Commission may, within its discretion, for the purpose of enabling Commission it the better to carry out the purposes of this act, prescribe may prescribe (if in the opinion of the Commission it is practicable to pre- ing accounts. scribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.

methods of keep

of the Commis

SEC. 21. (As amended March 2, 1889.) That the Commis- Annual reports sion shall, on or before the first day of December in each sion to Congress year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legis lation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission.

free or at reduced rates.

cursion, or com

transportation to

SEO. 22. (As amended March 2, 1889, and February 8, 1895.)

That nothing in this act shall prevent the carriage, storage, Persons and or handling of property free or at reduced rates for the property that may be carried United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and Mileage, ex- the necessary agents employed in such transportation, or mutation passen- the issuance of mileage, excursion, or commutation passenger tickets. ger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this act shall be conPasses and free strued to prevent railroads from giving free carriage to officers and em- their own officers and employees, or to prevent the princiployees of railroad companies. pal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act Provisions of contained shall in any way abridge or alter the remedies tion to remedies now existing at common law or by statute, but the proexisting at common law. Pend- visions of this act are in addition to such remedies: Proing litigation not affected by act. vided, That no pending litigation shall in any way be affected by this act: Provided further, That nothing in Joint inter- this act shall prevent the issuance of joint interchangechangeable fivethousand-mile able five-thousand mile tickets, with special privileges as of free baggage. to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provisions of this act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section six of this act; and all the provisions of said section Publication of six relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard

act are in addi

tickets. Amount

rates.

to other joint rates, fares, and charges referred to in said section six. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or re- Sale of tickets. ceive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of section ten of this Penalties. act shall apply to any violation of the requirements of this proviso.

United States

writs of peremp

commanding the

terstate traffic or

cars ог other

facilities.

NEW SECTION (Added March 2, 1889). That the circuit Jurisdiction of and district courts of the United States shall have jurisdic- courts to issue tion upon the relation of any person or persons, firm, or cor- tory mandamus poration, alleging such violation by a common carrier, of movement of inany of the provisions of the act to which this is a supple- the furnishing of ment and all acts amendatory thereof, as prevents the transportation relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper mandamus may Peremptory compensation to the common carrier for the service to be issue notwith. standing proper enforced by the writ is raised by the pleadings, the writ of compensation of carrier may be peremptory mandamus may issue, notwithstanding such undetermined. question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby, Remedy cumugiven by writ of mandamus shall be cumulative, and shall not interfere not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. Public No. 41, approved February 4, 1887, as amended by Public No. 125, approved March 2, 1889, and Public No. 72, approved February 10, 1891. Public No. 38, approved February 8, 1895.

lative, and shall

with other remedies provided by the act.

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