Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-26

@uuLll 4cudnSeu according TO law, SddH
be a. misdemeanor, and upon con-
viction thereof the corporation Of
Tending shall be subject to a fine of
not less than $1,000 nor more than
$4,000 for each offense; and it
shall be unlawful for any person, per-
sons, or corporation to offer, grant, i
or give, or to solicit, accept, or receive
any rebate, concession, or discrimina-
ton in respect to the transportation Of
any property in interstate or foreign
commerce by any common carrier sub
ject to said act to regulate commerce
and the acts amendatory thereof
whereby any such property shall by.
any device whatever be transported at
O less rate than that named in the tar
IFS published and fled by such carrier,
as L. required by said act to regulate
commerce and the acts amendatory
thereof, or whereby any other advan-
tage is given or discrimination is prac-
stced. -..
Prison For Rebaters.
"Every person or corporation, wheth-
er carrier or shipper, who shall know
ingly and willfully offer, grant, Or give,
or solicit, accept, or receive any such
rebates, concession, or discrimination
shall be- deemed guilty. of a INSIDE
imeanor, and ON conviction thereof shall
be punished by fine Of not less than
81, 900 nor more than 10000: Provided,
that any person, or any officer Or di-,
rector Of any corporation subject to the
provisions of this act: Or, the act to
regulate commerce and the acts
amendatory thereof, or any receiver,
trustee, lessee, agent, or person acting
for or employed by.any such corpora
ton, who shall be convicted as afOre
said, shall, In addition to the fine herein
provided for, be liable to imprisonment
In the penitentiary for a term Of not
exceeding two years, or both such fine
and imprisonment, in the discretion Of
the court Every violation Of this sec
ton shall be prosecuted in any court
/ Of the United States having jurisdiction
Of crimes within the district in which
such violation was committed, or
through which the transportation may
have been conducted; and whenever
the offense is begun in one jurisdiction
and completed in another it may be
dealt with, inquired of, tried, determin-
ed, and punished in either Jurisdiction
In the same manner as if the offense
had been actually and wholly commit
ted therein. -
II Liability Of Agents.
E& s'In constituting and enforcing the pro-
visions Of this section, the act, omis-
Ision, or failure of any officer, agent, or
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 to
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 IN
der the provisions Of the act to regulate
commerce or acts amendatory thereon,
| or participates In any rates SO fled or
published, that rate as against such
carrier. Its officers or agents, in any
Fprosecution 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
r. : Rebate.
"Any person, corporation, or COM
pany who shall deliver property for in
i forcto 70 fro n cr,orto f{or, IN apv common
carrier, subject to the provisions of this
act, or for whom as consignor OF 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-
ployee, agent, officer, or otherwise, di-
rectly or indirectly, by or through any
| means or device whatsoever, receive CT
accept from such common carrier any
sum Of money or any other valuable
| consideration as a rebate Or offset
against the regular charges for trans
portation of such property, as fixed by
the schedules of rates provided for in
this act, shall, in addition to any pen
atty provided by this act, forfeit to the
United States 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-
1 rected, whenever he has reasonable
grounds to believe that any such per-
son, corporation, or company has know
ingly or willfully received or accepted
from any, such common carrier any
sum Of money or other valuable con.
sideration as rebate or offset as
aforesaid, to institute In any court Of
/ the United States of competent juris.
dicton a civil action to collect the said
4 sum or sums SO forfeited as aforesaid;
and Id the trial Of said action oil such
rebates or other eonsiderat ions SO re-
ceiyed or accepted for q period Of six
] years prior to the commencement Of
the action may be Included therein,