The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-22

pcfldlton OF property. WIN or WITHOUT
the collision Of the carrier or any of its
employees. agents or Representatives. for a
less compensation than that prescribed by
the published tariffs or schedules OF rates
in force at the time, shall he deemed
guilty Of a misdemeanor and shall. upon
conviction thereof be subject TO q fine Of
not less than one thousand dollars nor
more than i've thousand dollars for each
such ohense.
Every carrier. every lessee, trustee.
receiver. officer, agent or representative
OF a carrier. who knowingly violates any
provision Of this act. or fails 10 perform
any requirement thereof, for which no
penalty is otherwise expressly provided
shall Be deemed guilty Of a misderneanor.
and upon conviction thereof shall be
subject 10 a fne of not less than one
thousand dollars nor more than five
thousand dollars Tor each such offense
Every corporation which shall be guilty
OF any act 81 omission which, II done.
b. an individual would be rnisdemeanor
under the provisions Of THIS act. shall be
deemed guilty of such m.sderneanor. and
shall be subject to the same penalty
which is provided against the individual
fAf-N-%-a-A
prosecuted in any court of the United
States having jurisdiction Of crimes
within the district in which such violation
was committed; and whenever the offense
is begun in one Jurisdiction and com
pleted in another. II may be dealt with
inquired Of. tried determined and pun
ished in either jurisdiction in the same
manner as if the ofense had been actu-
ally and wholly committed therein.
IN constituting and enforcing the pro-
visions Of this section. the act oruis-
sion OF failure Of any officer, agent OF
other person acting for or employed by
any common carrier shah, in every case
be also deemed 10 be the act. omission
or failure Of such carrier, as well as that
Of the person.
An o6enses heretofore committed shal
be prosecuted and punished as provided
for by the laws existing AT the time such
offenses were committed. for which pur-
pose all acts or parts thereof inconsist-
ent with this act are continued in force"
Sec. ,. That section fifteen OF said act is
hereby amended by adding the following
words thereto:
II the Commission. after fun hearing
had upon any petition hereafter presented
determines that the defendant or defend
ants are in violation OF any or the pro-
visions Of the act, in respect 10 any rate,
relation Of rates. whether between 1ocali-
ties or commodities, classification Of
freight, or other practice, II shall be its
duty 10 determine what rate. relation OF
rates. classification. or other practice
should be observed for the future in order
TO correct The wrong found TO exist. and
il shall order said defendants to observe
the same. IN case Of ordering change IN
the relation in the relation OF rates, II II
shall become necessary. IN order to estao-
lish or maintain a ust relation thereof,
70 prescribe the rate or rates 70 be OBJ
served by either or ali Of the parties con-
cerned therein. II shall be its duty to do
so; and when rate or rates dealt with
in any case IS joint rate, II shall further
determine the proportions in which the
rate shall be shared by the several car
riers. II they fail 10 agree among them
selves in respect thereto. II either OF
these cases, If the several defendants shall
not have notified the commission, within
ten days from the service OF the order.
that they have come 70 an agreement IN
respect to the relative rates in question.
or in respect to the division Of the joint
rate prescribed the Commission shah
thereupon FIX the rates or proportions to
be observed for the future. in the case in
question, as above provided.
Any such order shall he termed def
nitive order and shan specify the time
when the same is to take effect, which
shall n no case be less than twenty DAYS
n
fendant ANY defendant may review said
order OF hlius. within twenty days from
the service thereof. with the circuit court
of the United states for that district in
which its principal Office is situated, a bin
in equity Tor that purpose. and where
there are several defendants. that court
shall have Jurisdiction in which such pc
tition is first fled. The United states
shall he made the defendant IN such pro
ceedirg. and the Commission shall be
forthwith notified Of the peEdency there
Of with fifteen days from receiving such
notice. the Commission chaT file in such
court a complete certified copy OF the on
tire record in such case. and the court
shall thcreupon proceed 10 hear the same
upon such record: but Il may also, il case
either PARTY desires TO submit further tes-
tinony and such testimony could not
reasonably have been produced before the
Commission. instruct the Commission 20
take and certify UP such testimony. II,
upon hearing the court shan be Of the
opinion that the order OF the Commission
is not n lawful. Inst and reasonable one.
it shall vacate the order: otherwise it
shall dismiss the proceedings IN review.
-r-e--
decision statement n the reasons upon
which such decision Is rased. COPY OF
which shall he certified forthwith to the
Commission. II TIE order of the Commis- I
sion Is vacated. and no appeal IS taken.
the Commission may reopen the case fer
further hearing and order. or il NAV make
a new order. without further hearing.
but such subsequent order shall he sub
iect TO thessme richt Of review as above /
provided
THE hliaE OF n petition TO review an or
der shall Of itself suspend the effect OF I
such order Tor thirty days and tire court /
before which The same is pending may I
also. II upon an inspection OF the record /
il plainly appears that the order pro- /
ceeds upcp some error OF Iaw. or S un- /
JUST and unreasonable upon the facts. ard /
not otherwise. suspend the operation az i
the order during tie pendeucy of the /
proceedings In review. or until further or !
der OF the court
Either party may. within thirty DAYS 4
appesl from the judgment or decree OF the 4
circuit court 70 The supreme court of the I
United States: bat such appeal shah not 4
operate a. stav o. supersede The order
x the circut courr