Mexico Missouri message., 1906-07-05

changed according 10 law, shall be q
misdemeanor, and upon conviction
thereof the corporation offending shall
be subject to a ine of not less than
81. OOOn nor more than $40, 900 for each of
Tense; and it shall be unlawful for any
person, persons or corporation to o1er,
grant or give, or to solicit, accept or
receive any rebate, concession or dis
elimination in respect to the transport
tetIon OF any property in interstate or
foreign commerce by any common car
rier subject TO said act to regulate
commerce and the acts amendatory
thereto whereby any such property
shall by any device whatever be trans
ported at less rate than that named
in the tariffs published and filed by
such carrier, as is required by said act
to regulate commerce and the acts
anendatory thereto, or whereby any
other advantage is given or discrimin-
stion is practiced.
Every person or corporation who
shall oner, grant or give, or solicit, ac-
cept, or receive any such rebates, con-
ccssion, or discrimination shall be
deemed guilty or a misdemeanor, and
on 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 oficer or director OF any
corporation subject to the provisions
OF this act, or the act to regulate COM
merce and the acts amendatory there
or, or any receiver, trustee, lessee,
agent OF person acting for or employed
ty any such corporationS-who shall be
convicted as aforesaid, shall, in addi-
ton to fine herein provided for, be Tia
BILE to imprisonment in the peniten-
tiary for a term OF not exceeding two
years, or both such fine and imprison-
nent, 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 one jurisdiction and
completed in another It may be dealt
with. inquired OF, tried, determined,
ard punished in either Jurisdiction in
the same manner as If the offense had
been actually and wholly committed
therein.
Authorized to Fix Rates.
Section Is authorizes the interstate
commerce commission to fix rates as
follows:
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 13 of this act, or upon COM
plant OF any common carrier, it shall
be of the opinion that any OF the rates
OF charges whatsoever, demanded
charged, or collected by any common
carrier or carriers, subject to the pro-
visions of this act, for the Transports
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 9TH
erwise in violation OF any OF the pro.
visions of this act, to determine ant
prescribe what will be the Just and
reasonable rate OF rates, charge oil
charges, to be thereafter observed IL
such case as the maximum to bt
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 ordeI
that the carrier shall cease and desis
from such violation, to the extent I,
which the commission find the same I,
exist, and shall not thereafter publish
demand, or collect any rate or charg
| for such transportation 10 excess OF tn
maximum rate or charge so prescribed
and shall conform to the regulation o
1 practice so prescribed. All orders o
the commission, except orders for tn
payment of money, shall take effec
within such reasonable time, not les
than 0days, and shall continue i
foyeo for such period Of time, not ez
ceeding two years. as shall be pre-
soribed in the order OF the commits
sion, unless the same. shall be suspend
ed or modified OF set aside by the CON
mission or be suspended or set asid
by a court of competent jurisdiction
Any person, corporation, or eompan
who shall deliver property for intel
state transportation to any commo
cerrier, subject to the provisions I
this act, or for whom, as consIgnor {
eonsignee. any such carrier shall tran
! port property from one state, territor
or district Of the United States TO an
! other state, territory or district OF Il
/ United States or foreign country. WI
shall knowingly and willfully, by en-
ploye, agent, ofBcer or otherwise, d
rectly or Indirectly. by OF through al
/ means or device whatsoever, receive
; accept nom such common carrier al
y s,
Unfortunats.