The Mena weekly star., 1906-07-05

cept. or receive any such rebates, con- ccss1on. or discrimination shall be deemed guilty or misdemeanor, and by fine of not less than s1,000 nor more than S20, 1000: Provided, that any person, or any officer or director of any corporation subject to the provisions or this act, or the act to regulate com ruerce and the acts amendatory there or, or any receiver, trustee, lessee, agent or person acting for or employed ty any such corporation, who shall be convicted as aforesaid, shall, in addi- tior to fine herein provided for, be lia- ble to imprisonment in the peniten- tiary for term of not exceeding two years, or both such fine and imprison- ment, in the discretion of the court. Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such vio- lation vas committed, or through which the transportation may have teen conducted; and whenever the of fense is begun in one jurisdiction and completed in another it may be dea.t with. inquired of, tried, determine1, and punished in either jurisdiction in the same manner as if the offer. had been actually and wholly committed therein
 Any person, corporation, or company who shall deliver property for inter- state transportation to any common carrier, subject to the provisions Of this act or for whom, as consignor or consignee, any such carrier shall trans port property from enc state, territory, or district of the United States to any ether state, territory or district of the United States or foreign country, who shall knowingly and willfully, by em- ploye, agent, officer or otherwise, di- 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 consideration, as a rebate or offset against the regular charges for trans portation of such property, as fixed by
 
 this act, shall be deemed guilty of a fraud, which is hereby declared to be a misdemeanor, and, shall, upon con- viction thereof in any court of the United States of competent jurisdic- ton within the district where such of- fense was committed, in addition to any other penalties provided by this act, be subjected to a fine equal 10 three times the sum of money so re- ceived or accepted, and three times the value of any other consideration so re- cciyed or accepted, to be ascertained by the trial court, and in the trial for such offense, all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action may be considered, and the said fine shall be three times the total amount of money or three times the total value of such considerations so received or accepted, ae the case may be: Provided. that the foregoing penalties shall not apply to rebates or considerations received prior to the passage and approval of this act
 Authorized to Fix Rates.
 Sec A. That section 15 of said act be amended so as to read as follows.
 Sec 15 That the commission is au- t.iorized and empowered, and it shall he it's duty, whenever. after full hear ing upon a complaint made as provided in section 13 of this act, or upon com plant of any common carrier, 1t shall be of the opinion that any of the rates, or charges whatsoever, demanded, charged, or collected by any common carrier or carriers, subject to the pro- ton of persons or property as defined in the first section of this act, or that any regulations or practices whatso- ever of such carrier or carriers affect ing such rates. are unjust or unreason- able, or unjustly discriminatory, or un- duly preferential or prejudicial, or oth- erwise in violation of any of the pro- visions of this act, to determine and prescribe what will be the just and reasonable rate or rates. charge or charges, to be thereafter observed in such case as the maximum to be charged; and what regulation or prac- ticc in respect to such transportation is just. fair and reasonable to be there after followed; and to make an or6er that the carrier shall cease and desist from such violation, to the extent to which the commission find the same to exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation in excess of the maximum rate or charge so prescribed, and shall conform to the regulation or practice so prescribed. All orders of tbe commission, except orders for the payment of money. shall take effect within such reasonable time, not less than 0days, and shall continue in force for such period of time. not ex- I cecding two years, as shall be pre- so,ibed in the order of the commis- sion, unless the same shall be suspend ed or modified or set aside by the com mission or be suspended or set aside