The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-01-22
A Fine Provided.

A Fine Provided.
Section 1. That anything done or
omitted to be done by a corporation
common carrier subject to the act to
regulate commerce and acts amenda-
tory thereof which if done or omitted
by any lessee, trustee, receiver, officer,
agent or representative of such corpo-
ration would constitute a misdemeanor
under said act shall be held
to be a misdemeanor by such cor
poration, and upon conviction thereof
1t shall be subject to like penalties as
are prescribed in said acts With refer
ence to individuals, except as such
penalties are. herein changed. The
Wlllful failure upon the part of any
carrier subject to said acts to file
and publish the tariffs or rates and
changes, as required by said acts or
strictly to observe such tariffs until
changed according to law, shall be
mtsdemean0r, and upon conviction
thereof the corporation offending shall
De subject to fine of not less than
$1,000 or more than 5000 for each of
Tense: and it shall be unlawful for any
person. persons or corporation to Offer
grant or give, or to solicit, accept or
receive any rebate concession or dis
examination in respect of the tranSpor-
tatlon of any property in interstate or
foreign commerce by any common
carrier subject to the acts to regulate
commerce, whereby any such property
snail by any device whatever be trans
ported at less rate than that named
IN the tariffs published and filed by
such carrier as is required by said
acts to regulate commerce. Every per-
son or corporation who shall offer
grant or give or solicit, accept or re-
ceiYe any such rebates, concession or
discrimination, shall be deemed guilty
of a misdemeanor, and on conviction
thereof a "a ,Iclao -, O. =
not less than 1000 nor more than $40
OO0. In all convictions occurring after
the passage of this act, for offenseS I'M
der said acts to regulate commerce
(whether committed before or after the
passage OF this act), or for offenses un-
DER this section, no penalty shall be i'm
posed on the convicted party other
than the fine prescribed by law, i'm
prlSonment wherever now prescribed
as part of the penalty being hereby
abolished.
Shippers Also Caught.
Sec. ?. That in any proceeding for
the enforcement of the provisions of
the statutes relating to interstate COM
merce, whether such proceeding be in
stftuted before the interstate commerce
commission or begun originally in any
circuit court of the United States, it
shall be lawful to include as parties all
persons, IN addition to the carrier in
terested in or affected by the rate
regulation or practice under considera
tlon, and inquiries, Investigations, or
ders and DEGREES may be made with
reference to and against such addition
al parties in the same manner, to the
same extent and subject to the same
provisions as are or shall be authorized
py law with respect to carriers.
Courts May Enioin.
Sec. 3. That whenever the Interstate
commerce commission shall have rea-
sonable ground for belief that any
common carrier is engaged in the car
rage of passengers or freight traffic
between given points at less than the
publlshed rates on file, or is commit
ing any determinations forbidden by
law 1t shall be authorized to present
petition to the circuit court of the
united States having jurisdiction of
the parties alleging such practices.
Whereupon it shall be the duty of sthe
court to summarily inquire into the
circumstances, and upon being salts
hed OF the truth of the allegation, to
ENFORCE an observance of the published
tariffs or require a discrimination of
such discrimination by proper orders
ana process, which said orders and
process may be enforceable as well
against the parties interested in the
traffic as against the carrier. 1t shall
be the duty of the several district at
lofneys OF the United States, under the
olfecuon of the attorney general. to in
stltute and prosecute such proceedings.
ana the proceedings provided for by
this act shall not preclude the bring
ing OF suit for the recovery of damages
by any party injured, or any other ac-
Uon provided by said act approved
1887, entitled AN act to reou-
late commerce and the act amendatorv
lhefeof, and in proceedings under this
act and the act to regulate commerce..
the SAID courts shall have the power to
compel the attendance of witnesses
Doth upon the part of the carrier and
the shipper, who shall be required to
answer on all subjects relating directly
or indirectly to the matter in contro-
Fersy and to compel the production of
all books and papers, both of the car
iler ana the shipper, which relate di-
lectly or indirectly to such transac-
lions; but all carriers, corporations or
Shippers, whose books and papers are
produced in evidence in said proceed
lngs, and all persons required to testi-
~ snail have the same immunity from
prosecution and punishment and to
the same extent, and subject To tho
same provision as is provided for in
an act approved Feb. IL 1898. entitled
An act in relation to testimony before
the interstate commerce commission"
anu III cases or proceedings under or
connected with an act entitled, "An act
20 regulate commerce, approved Feb. 4,
1851, and the amendments thereto.''
sec. 4. That all acts and parts of
acts IN conf1iction with the provisions
or this act are hereby repealed hut
such repeal shall not affect causes now
BENDING, nor rights which have already
accrued. but such causes shall he
prosecuted to a conclusion, and such
rights enforced in mannQ, heretofore
provided by law. and as modified nv
the provisions of this act.
Committee to Consider Sill.
Senator Elkins. Clapp and Foster
(Ala.) are the subcommittee to consid-
er the bill. 1t will come before the full
committee on Friday, although. owing
to death in the family of Senator
ElklnS, he may not be present The bill
is the result Of a conference among
various senators, most of whom are
members Of the interstate commerce
committee. The purpose is to separate
interstate commerce and railroads from
other trust legislation. The interstate
commerce committee has been unable
10 agree upon measures which have
been pending before it relating to
pooling and fixing rates by the inter-
state commerce commission. The new
Dill leaves these contested questions
out, and covers features which have
been most conspicuous in the prepara-
ton of antitrust legislation Among
preparation of the bill, besides Mr..
Knox, We're Senators Aldrich. Cullonn.
Foraker, Clapp and others.