The commonwealth. (Greenwood, Miss.) 1896-1923, 1906-06-29

Cept. or receive any such rebates, CON
ccssion, or discrimination sball be
deemed guilty or a misdemeanOr, and
on conviction thereof shal! be punished
BY a fine OF not less than $1,000 nor
more than $4,000: Provided, hat any
person, or any officer or director of any
corporation subject TO the provisions
of this act, or the act to regulate COM
merce and the acts amendatory there
OF, or any receiver, trustee. lessee,
agent or person acting for or employed
by any such corporation, who shall be
convicted as aforesaid, shall, in add.
ton to lne herein provided for, be Tia
BILE to Imprisonment In the penlten-
tiary for a term Of not exceeding two
years, or both such fue and imprison-
ment, in the discretion of the court,
livery violation OF this section shall be
prosecuted in any court or the United
States having jurisdiction OF crimes
within the district in which such Yio-
lation was committed. or through
whish the transportation may have
teen conducted; and whenever the Of
Tense is begun in one&urisdiCtion and
completed in another It may be dealt
with. inquired OF, tried, determined,
ard punished In either jurisdiction In
the same manner as II the orense had
been actually and wholly committed
therein.
ANY person, corporation, or company
who shall deliver property for inter
state transportation to any common
c~crrier, subject to the provisions OF
this act, or for whom, as consIgnor or
consignee, 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 wilifully, 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
| 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 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 jurisdtc-
ton within the district where such Of
FarrF UtnC n,Tr,r1ittaH In addition IN
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 Il other consideration SO re-
ccived or accepted, to be ascertained by
the trial court; and in the trial for
such o%ffense, 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,
aG 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-
tAOrized and empowered, and it shall
be its duty, whenever, after full hear
ing upon a complaint made as provided
in section 10 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 any common
carrier or carriers, subject to the pro-
visions of this act, for the tr%anspOrta-
in the first section of this act, or that
any regulations or practices whatsO-
d. ever Of such carrier or carriers affect
ing such rates, are unjust or unreasOn-
able, or unjustly discriminatory, or I'M
duly preferential or prejudicIal, or 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-
tice in respect to such transportation IL
just. fair and reasonable to be there,
after followed; and to make an order
- Il. ---uFn- aIn1I 400 a-l I.rI.t
from such violation, to the extent to
which the commission find the same tc
exist, and shall not thereafter publish.
demand, or collect any rate OF 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-.
scribed In the order of the commits.
sion, unless the same shall be suspend.
ed or modtfed 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
Aim J,,fa{nn ~ ot,ah rsfnr n1 hapnEpbn
fore provided, and the terms and con.
dttions 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
through routes and joint rates, proyid,
ed no reasonable or satisfactory
through route exists, and this provis.