Page:United States Statutes at Large Volume 24.djvu/415

 382 FORTYNINTH CONGRESS. Sess. II. Ch. 104. 1887. _ Writ of m an- to be issued by any circuit court of the United States in the judicial d*“"““ *° "““°· district wherein the principal office of saidcommon carrier is situated or wherein such offense may be committed, and if such common carrier be a foreign corporation, in the judicial circuit wherein such common carrier accepts tratlic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this Failure tg com- act; and failure to comply with its requirements shall be punishable as Ply P¤¤*¤b**bI° °° and for a contempt; and the said Commissioners, as complainants, may °°"°°'"pt‘ also apply, in any such circuit court of the United States, for a writ of I”j¤¤°*i°¤ W i°‘ injunction against such common carrier, to restrain such common car- '"' rier from receiving or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United- States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act. ` C°‘“*;‘“"“°$° *‘f Sec. 7. That it shall be unlawful for any common carrier subject to £:`;v°:m.d°f_,;°°l°:f the provisions of this act to enter into any combination, contract, or {reigns to amiss.- agreement, expressed or implied, to prevent, by change of time schedtim 1>¤>hi\>i¢¤d- ule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, orinterruption made by such common carrier shall prevent the carriage of freights from being - and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous car- _ _ _ _ riagc or to evade any of the provisions of this act. k{;*¤b¤J¥i!u:`?:V¤:· Sec. 8. That in case any common carrier subject to the provisions of °"° '°this act shall do, cause to be done, or permit to be done any act, mat- . ter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such· common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable counsel or attorney’s fee, to be fixed by the court in every case of rccovery, which attorney’s fee shall be taxed and collected as part of the. costs in the case. m1;"“°n‘::l‘::m:l§I;‘? Sec. 9. That any person or persons claiming to be damaged by any Plain, to Commit common carrier subject to the provisions of this act may either make sic¤,or sus person- complaint to the Commission as hereinafter provided for, or may bring Nb'- suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or companv party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testitying, but such evidence or testimony shall not _ be used against such person on the trial of any criminal proceeding. I tigeunlty for v¤>· Sec. 10. That any common carrier subject to the provisions of this ‘ °“· act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting