The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1906-05-31

trustee. lessee, agent, or person actin
Tor or employed 10y any such corpors
ton. who shall he convicted as afors
said. shall, ia addition 10 the fine herei
provided for, be LA bic TO Imprisonment
Ia the penifeLtiary for O term Of nc
exceeding two years, or both such fn
and Imprisonment, in the discretion Q
the court. Every violation of this sec
tion shall be prosecuted in any cour
OF the United States having jurisdiction
OF crimes within the district in whlcl
such violation was committed, O
through which the transportation ma,
have been conducted; and wheneve
the offense is begun IN one Jurisdiction
and completed in another it may b.
dealt with, inquired of. tried, determin
ed, and punished in either jurisdiction
in the same manner as If the offens,
had been actually and wholly commit
ted therein
Liability Of Agents.
I'm constituting and enforcing the pro
visions of this section. the act. omis
sion, or failure of any officer, agent, Of
other person acting for or employed by
any common carrier or shipper acting
within the scope Of his employment
shall in every case be also deemed te
be the act, omission, Or failure of such
carrier Or shipper. as we'll as that OF
the person. Whenever any carrier files
with the Interstate commerce commits
sion or publishes a particular rate un.
der the provisions Of the act to regulate
commerce or acts amendatory thereof,
or participates in any rates SO filed OF
published, that rate as against such
carrier, its officers or agents, In any
prosecution begun under this act shall
be conclusively deemed to be the legal
rate, and any departure from such rate,
or any offer to depart therefrom, shall
be deemed to be an offense under this
section of this act.
Rebaters Forfeit Three Times the
Rebate.
Any person, corporation, or COM
pany who shall deliver property for in
terstate transportation to any common
carrier, subject to the provisions Of this
act, or for whom as consignor or con-
signee any such carrier shall transport
property from one state, territory, or
district of the United States to any
other state, territory, or district Of the
United States, or foreign country, who
shall knowingly and willfully. by en-.
Dloyee, agent, officer, or otherwise, d.
rectly or indirectly, by or through any
means or device whatsoever, receive or
accept from such common carrier any
sum Of money or any other valuable
as rebate or Offset
against the regular charges for trans
portation of such property, as fixed hu
the schedules of rates proS'o xs"
aIty provided by this act, forfeit to the
United States a sum of money three
times the amount of money SO received
or accepted and three times the value
Of any other consideration SO received
or accepted, to be ascertained by the
trial court; and the attorney general Of
the United States Is authorized and di-
rected, whenever he has reasonable
grounds to believe that any such per-
son. corporation, or company has know
ingly or wlllfuIly received or accepted
from any such common carrier any
sum of money or other valuable con-
sideration as q rebate or Offset as
aforesaid, to institute In any court Of
the United States of competent juris-
diction a civil action to collect the said
sum or sums so forfeited as aforesaid; ;
and in the trial Of said action all such
rebates or other considerations SO re-
ceived or accepted for period Of six
years prior to the commencement or
the action may be included therein,
and the amount recovered shall be
three times the total amount of money
or three times the total value Of such
so received or accepted,
or both, as the case may be: Provided,
that the foregoing penalties shall not
apply to rebates or considerations re-
ceived prior to the passage and ap-
proval Of this act.'
Commission Must Report lnvestiga.
tions.
Sec. 3, That section IA of said act, as
amended March ., 1889. be amended
SO as to read as follows:
"Sec. IL. That whenever an investi'
CATION shall be made by said commits
sion. It shall be it's duty to make a
report in writing in respect thereto
which shall state the conclusions OF the
commission, together with its decision
order, or requirement in the premises
and in case damages are awarded such
report shall inclu,c the findings OF FAC,
on which the award is made.
"All reports of Investigations made
by the commission shall be entered OF
record, and a copy thereof shall be fur
nished to the party who may have
compla lined, and to any common car
rier that may have been complained OF
The commission may provide for th'
publica ton Of its reports and decision!
in such form and manner as may b'
best adapted for public information
and use, and such authorized pue!.ca
ions shall be competent evidence o
the reports and decisions Of the com
mission therein contained In all court
Of the United States and Of the severa
states without any further proof o
authorization thereof. The commis
sion may also cause to be printed 10
early distribution it's annual reports"
Commissions Power to Fix Rates.
Sec 4. That section Is Of said act b
amended so as TO read as follows:
''See. 10. That the commission Is Al
thorized and empowered. and 1t sha
be its duty. whenever. after full hea
ing upon q complaint made as provlt
ed in section 13 Of this act or upo
complaint Of any common carrier.
shall be of the opinion that any OF II
rates, or charges whatsoever. demanC
ed, charged. or collected by any con
mon carrier Or carriers. subject to II
provisions of this act. for the tran
portation Of persons or property as d.
fiued in the first section Of this act.
that any regulations or practices wha
soever Of such carrier or carriers a
fectIng such rates, are unjust or Vi
reasonable, or unjustly discriminator
or unduly preferential or prejudicis
or otherwise in violation OF any OF II