The Tupelo journal., 1906-06-29


ccssion, or discrimination shall be
Oil conviction thereof shall be punished
by a fine of not less than $1,000 nor
more than $4,000: 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
merce and the acts a~mendatory there
or, or any receiver, trustee, lessee,
agent or person acting for or employed
by any such corporation, who shall be
convicted as aforesaid, shall, in addi-
ton to fine herein provided for, be liza
Bile to Imprisonment in the peniten-
tiary for a term of not exceeding w
years, or both such fine and impfison-
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 was committed, or through
which the transportation may have
teen conducted; and whenever the Of.
Tense is begun in jurisdiction and
SolhPlSICu III dAOthCI IL uloy " uSoAS
with. inquired of, tried, determined,
f,pd punished in either jurisdiction in
the same manner as If the offense had
been actually and wholly committed
therein.
Any person, corporation, or company
state transportation to any common
carrier, subject to the provisions of
this act, or for whom, as consignor or
c~onsignee, any such carrier shall trans
port 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-
ploye, agent, officer or otherwise, d.
rectly or indirectly, by or through any
means or device whatsoever, receive or
accept from such common carrier any
sun of money, Or any other valuable
consideration, as a rebate or offset
against the regular charges for rams
portation of such property, as fixed by
the schedules Of rates provided for in
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
tense was committed, in addition to
any other penalties provided by this
act, be subjected to a fine equal to
three times the sum of money so re-
ceiyed or accepted, and three times the
value of any other consideration so re-
ceived 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,
&C 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. 4. That section Is of said act be
amended so as to read as follows:
Sec. Is. That the commission is au-
thorized and empowered, and it shall
he its duty, whenever, after full hear
ing upon a complaint made as provided
in section IL of this act, or upon COM
plant of any common carrier, it shall
be of the opinion that any of the rates,
or charges whatsoever, demanded,
charged, or collected by m common
carrier or carriers, subject to the pro-
visions of this act, for the t%ransporta-
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 u~njustly discriminatory, or I'M
duly preferential or ~prejudicial, OF 9TH
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-
| tlCS III ICSpCCl W ouCu u dllSpOl ldtiOu ID
just, fair and reasonable to be there
after followed; and to make an order
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
the commission, except orders for the
payment of money, shall take effect
within such reasonable time, not less
than 3 0days, and shall continue in
force for such period of time, not ex-
ceeding two years, as shall be pre-
soribed in the order of the commits
sion, unless the same shall be suspend
ed or modified or set aside by the COM
mission or be suspended or set aside
by a court of competent jurisdiction.
May Make Joint Rates.
The commission may also, after
hearing on a complaint, establish
through routes and joint rates as the
maximum to be charged and prescribe
the division of such rates as hereinbe-
fore provided, and the terms and con-
ditions under which such through
routes shall be operated, when that
may be necessary to give effect to any
provision of this act, and the carriers
complained of have refused or neglect
ed to voluntarily establish such