The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1878-12-26
INTERSTATE COMMERCE,
The Bill Passed by the House of REPRE-
aenfnliYes

The following is the text Of the Inter-
State Commerce bill which has passed the
House:
SECTION 1. That it shall be unlawful for any
person or persons, engaged alone or asilociat-
ed with others In the transportation of prop
ertY by railroad from one state or Territory
20 or through one or more other States or
any foreign country, directly or Indirectly TO
charge to or receive from any person or per-
sons any greater or less rate or anollnt OF
freight, compensation, or reward tian is
charged to or received from any othe.r per-
son or persons for like aud cotempora neous
service in the carrying, receiving, deliver
And ali persons, engaged as aforesaid,
shall furnish, without discrimination, the
same facilities for the carriage, receiviIlg. de-
livery, storage, and handling of all roperty
ofnke character carried by him or theIh and
/ shall perform with equal expedition the same
kind OF services connected with the cotempO-
raneous transportation thereof as aforssaid.
NO break, stoppage, or interruption, MOI. any
contract agreement, or understanding shall
be made 20 prevent the carriage of any l)rop-
erty from being treated as one continuous
( carriage, IN the meaning of this act, from the
! place of shipment TO the place of destination,
unless sueh stoppage, interruption, contract,
I or understanding was made Tor some Drac-
| tical and necessary purpose, without airy in
tent to avoid or Interrupt such continuous
carriage, or evade any OF the provisions OF
this act.
SEC. p That it shall be unlawful for any
person or persons engaged in the transpor-
! q.
! indirectly to allow any rebate, drawback, or
! other advantage, in any form, upon ahip-
ments made. or services rendered, as a..ore-
said, by him or them.
+ SEC. 3. hat 1t shall be unlawful for any
person or persons engaged in the carriage,
/ receiving, storing, or handling OF property,
/ as mentioned in the first section of this act
/ 10 enter into any combination, contract, or
/ agreement, by changes of schedule, carriage
/ in different cars, breaking carloads into less
/ than car loads, or by any other means with
IA n
/ erty from being continuous IRON the place of
shipment to the place of destination, wheth-
er carried on one or several railroads. And
/ 1t shall be unlawful for any person or persons
carrying property, as aforesaid, to enter into
any contract, agreement, or combination, for
the pooling of freights or TO pool the freiehts,
of different and competing railroads, by di-
viding between them the aggregate or net
proceeds of the earnings of such railroads, or
any portion of them.
SEC. 4. That i. shall be unlawful for any
person or persons engaged in the transpor
tation of property, as provided in the first
section of this act, to charge or receive any
compensation per carload of similar prop
erty for carrying, receiving, storing, forw;lrd
ing, or handling the same for a shorter than
tor longer distance in one continuous oar
riage.
SEC. s. That all persons engaged in carry
ing property, as provided in the first section |
schedules, which shall plainly state:
First-The different kinds and classes of |
property to be carried. |
Second-The different places between which /
such property shall be carried.
Third The rates of freight and prices of car |
riage between such places, and for all serv- |
ices connected with the receiving, delivery, |
loading, unloading, storing, or handling the |
same.
Such schedules may be changed from time /
to time, as hereinafter provided. Copies of |
such schedules shall be printed in pl;lin, /
large type, at least the size of ordinary plea, |
and shall be kept plainly posted for public |
inspection in at least two places in every de- |
xrlG fplsgr re gr dol ~
and no such schedule shall be changed in any L
particular except by the substitution of an
other schedule containing specifications |
above required, which substitute schedule |
shall plainly state the time when it shall go |
into effect, and copies of which, printed as /
aforesaid, shall be posted as above provided |
at least five days before the same shall go In
to effect: and the same shall remain in force
until another schedule shall, as aforesaid, be |
substituted. And it shall be unlawful for any |
person or persons engaged in carrying prep
ertv on railroads as aforesaid, after thirty |
days after the passage OF this act. te cnarYe |
or receive more or less compensation for the
carriage, receiving, delivery, loading, unload
ing handling, or storing of any of tho prop /
erty contemplated by the first section of this /
act than shall be specified in such schedule |
as may at the time be in force.
SEC. 6. That each and all of the provisions |
of this act shall apply to all property, and the |
receiving, delivery, loading, unloading.
handling, storing, or carriage OF the same, On
one actually or substantially continuous car
riage, or as part of such continuous carriage, |
as provided for in the first section of this act,
and the compensation therefor, whether such |
property be carried wholly on one railroad or
partly on several railroads, and whether such |
services are performed or compensation paid |
or received by or to one person alone or In
connection with another or other persons.
SEC. Z. That each and every act matter, Dr. |
thing in this act declared to be unlawful is |
hereby prohibited; and in case any person Or |
persons as defined in this act, engaged AS |
aforesaid, shall do. suffer or permit to lie |
done, any act, matter, or thing in this act pro
act, matter, or thing in this act required TO be |
done, or shall be guilty of any violation of the |
provisions of this act, such person or persons /
shall forfeit and pay to the person or persons |
who may sustain damage thereby sum equal |
to three times the amount of the damages so |
sustained, to be recovered by the person or |
persons so damaged by suit in any District |
or Circuit Court of the United States, whore |
the person or persons causing such damage |
can be found, or may have an agent, office, or |
place of business; and the person or persons |
so offending shall for each otiense forfeit and |
pay penalty of not less than $1,000, to be re /
covered by the United States, by action |
in any Circuit District Court atore- |
said, one-half of such penalty or per- |
alties. when collected, to be paid to the iIl-
former. Any action to be brought as afore- /
said to recover any such penalty or damagtss |
may be considered, and If so brought shall /
be regarded, as subject of equity jurisdiC;- |
ton, and discovery and affirmative relief may |
be sought and obtained therein. In any such |
action so brought as a case OF equitable |
cogniZance, preliminary or final 1ntunctions |
may, without allegation or proof of damage |
to any plaintiff or complainant, be granted |
upon proper application, restraining, forbid /
ding, and prohibiting the commission or con-
tinuance of any acts, matters, or things, |
within the terms or purv1ew OF this act, pre-
hibited or forbidden. In any action afore- |
said, and upon any application for any In
junction above provided for, any Director,
officer, Receiver, or Trustee of any corpora
ton or company aforesaid, or any Receiver
Trustee, or person aforesaid, or any agent Of |
any such corporation or company, Receiver,
Trustee, or person aforesaid or OF any Oh nein
alone or with any other person or persons,
party or parties, may and shall be compelled |
to attend, appear, and testify and give ev1-
dence, and no claim that any such testimony |
to criminate the person testifying or
giving evidence shall be of any
shall not be used as against such person on
the trial of any indictment against him. The
attendance and appearance of any OF the
persons who as aforesaid may be compelled |
to appear or testify, and the giving of the tes-
dmony or evidence blythe same respectively, |
and the production of books and papers
thereby, may and shall be compelled, the |
same as in the case of any other witness;
and in case any such deposition or evidence, |
or the production of any books or papers, |
may be desired or required for the purpose |
of applying for or sustaining any injunction |
aforesaid, the same, and the produc,
ton of books and papers, may and |
shall be had, taken, and compelled, by |
or before any United States Commissioner, |
or in any manner provided or to be provided |
for as to the taking of other dispositions or ev-
idence, or the attendance of witnesses, or the |
production of other books or papers, in or BIZ |
Chap. II of Title IL of the Revised Statutes of |
the United States. In actions to be brought |
as aforesaid, damages sustained in the Pc |
Rod of month or part of month may be
regarded as and counted or declared upon, |
or complained of generally, and as one sep |
arate cause of action, and so, whether such |
damages be sustained in one month or in
different months; and such separate causes |
of action may be joined in the same action. |
No action aforesaid shall be sustained unless
brought within one year after the cause OF
action shall accrue.
SEC. s. That any Director or officer of any,
corporation or company acting or engaged
as aforesaid, or any Receiver or Trustee les.
see, or person acting or engaged as afore-
said, or any agent of any such corporation
or company, Receiver, Trustee, or person
aforesaid, or one of them alone, or with any
other corporation, company, person, or par.
", who shall directly or Indirectly do, or
cause or willingly suffer or permit to be