Page:United States Statutes at Large Volume 25.djvu/904

 FIFTIETH CONGRESS. Sess. II. Ch. 382. 1889. 859 of the United States to whom the Commission may apply to insti—. I§f*"i°”~Et°’¤*?YS*° tute in the proper court and to prosecute, under the direction of iffoteieiiimléicesbary the Attorney-General of the United States, all necessary roceedings for the enforcement of the provisions of this act, and) for the punishment of all violations thereof ; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpoena, Power *0 SGM for the attendance and testimony of witnesses and the production of all WSODS and papers' books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and in case of disobedience to a subpoena, the Commission, or any arty to a proceeding before the Commission, may invoke the aid of) any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. "And any of the circuit courts of the United States within the Ci¤‘¢¤**·¤<>¤¤“¤S wie jurisdiction of which such inquiry is carried on may, in case of con- Sue subpmml — tumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to ap ear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a con- . temcpt thereof. The claim that any such testimony or evidence may Criminationof party ten to criminate the person giving such evidence shall not excuse "°”° °X°““‘ such witness from testifying ; but such evidence or testimony shall , notdbe used against such person on the trial of any criminal procee in ." . SEo.g4. That section fourteen of said act is hereby amended so as mj},"],‘§“dm°“°S°°S°°· to read as follows :V<>¤,i'4,1>-¤4- "SEc. 14. That whenever an investigation shall be made by said ,,,$Q§‘,{?,‘{,0’,Q°gp°{§* {Qi Commission, it shall be its duty to make a report in writing in re- ¤¤¤d€· spect thereto, which shall include the findings of fact upon which t e conclusions of the Commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured ; and such findings so made shal thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. "Al1 reports of investigations made by the Commission shall be lwccrd. entered of record, and a co y thereof shal be furnished to the party €*>P>`· who may have complained`; and to any common carrier that may have been complained of. _ _ "The Commission may provide for the publication of its reports laiolispinz reports and decisions in such form and manner as may be best adapted for "` °°°‘°"’“" public information and use, and such authorized publications shall ho competent evidence of the reports and decisions of the Commission therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The Commission may also cause to Je printed for early distribution its annual reports." Sm:. 5. That section sixteen of said act is hereby amended so as to m;‘;¤;g¤dr1l¤¤¤S¤¤ See read as follows: V<>1.é4r-384. " Sec. 16. That whenever any commonparrier, as defined in and sub- m1;~<::§§¤rtg·§s)ljQ_i§{;- ject to the provisions of this act, shall violate, or refuse or neglect to t,,,,,S_0m,,, m,,,.dg,, obev or perform any lawful order or requirement of the Commission ;>£’;g;§§°*°*’°* €`°m· created bvthis act, not founded upon a controversy requiringa trial by jury, as provided by the seventh amendment to the Constitution of the United States, it shall be lawful for the Commission or for any company or person interested in such order or requirement. ;to_ap(ply in a summary way, by petition, to the c1rcu1t court of the Lnite States