The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-03-08
TRUST BILL
Summary of Salient Points of
Measure Which is Now
Law Of Land.


Section 7.
1. This law makes the railway cor
poratlon common carrier) subject 70
-. >enaIties prescribed in the old IN
terstate commerce law. as wen as IN
der this act
?. It declares 1t to be a misdemeanOr,
punisha bic by fine Of $1,000 70 $4,000
for each onense. to-
(a) Wilfuily fail 70 file and publish
tariffs, both freight and passenger;
Oh Wilfuily fail strictly to observe
such tariffs while in force.
8. II is made a misdemeanor. sub
ject 10 a penalty Of 81 600 to $4,000, for
any person, persons or corporations 10
offer, grant, give, solicit accept or re-
ceIve any rebate, concession or dis
elimination in respect Of the transpOr-
tation Of any property Ia interstate or
foreign commerce by any common car
rier subject to the interstate commerce
law. whereby any such property shall
by any device whatever be transport
ed at a less rate than that named in
the tariffs published and filed by such
carrier. or whereby any other ad-
vantage is given or discrimination is
practiced
4. Imprisonment provided for under
the old law IN cases of discrimina-
ton is abolished and affects Offenses
both before and after the passage Of
this law.
S. Violations OF the foregoing pro-
visions may be prosecuted in any court
of the United States having iurisdic-
ton Of crimes within the district in
which the violation was committed, or
through which the transportation may
have been conducted
6. The act, omission or failure of
any officer. agent or other person act
ing for or employed by any common
carrier acting within the scope OF his
employment, shall be deemed 10 be the
act. omission or failure Of such car
rier, as Well as that of the person.
{ (but where a shipper is a corpora
| ton. the act of its authorized agent is.
/ OF course, the act Of the cOrpOration)
/ T. Whenever any carrier files or pub
! fishes a particular rate or participates
/ In any rate so filed or published that
rate Is cOnclusively deemed the legal
rate In any prosecution, and any de-
parture or Oner to depart from such
rate is an offense.
Section II
! In proceedings before the commits
sion or in courts TO enforce the law,
/ ali persons interested in or affected by
/ the rate, regulation or practice under
/ consideration may be included and
/ orders and DEGREES made against them.
Section III.
When the commission believe any
/ carrier Is carrying passengers or feight
at less than the published rates on file
/ or Is committing any determinations
/ forbidden by law, it may institute pro
I ceedings In the United States circuit
court having jurisdiction. and the court
shall summarily inquire into the mat
ter without formal pleadings or pro-
/ ceedings applicable to suits in equity
4 and make other persons or corpora
/ tons party thereto as may be neces-
sary; and the court, on being salts
/ fed Of the truth Of the allegations,
] shall enforce observance Of the pub
/ lished tariffs and require the discon-
Itinuance of the discrimination, which
orders may be enforced against par
ties interested in the taTfic. as well as
/ against the carrier.
/ Whenever the attorney general shall
direct, the several district attorneys OF
the United states shall institute the
| proceedings provided for.
The courts arc given the power to
I compel the attendance OF all Witnesses
and 10 compel the production of all
books and papers, both Of carrier OF
shipper. which relate directly or IN
directly 10 the transaction; but no per-
son shall be prosecuted or subjected e
any penalty or forfeiture on account
Of any transaction or matter concern
ing which he may testify or produce
evidence. documentary or otherwise.
The provisions of the Sherman anti
trust act to expedite the hearing and
determination of suits IN equity, and
of any acts which may be passed for
la Ike purpose, shall apply to any case
prosecuted under the direction of the
attorney general in the name Of the
interstate commerce commission.