Page:United States Statutes at Large Volume 32 Part 1.djvu/913

 848 FIFTY-SEVENTH CONGRESS. Sess. II. C11. 708. 1903. be?:é>,§:!l;f,dw”°“ *° or failure of such carrier as well as that of the person. Whenever any ` carrier files with the Interstate Commerce Commission or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amendatory thereto, or participates in any rates so tiled or published, that rate a against such carrier, its officers, or agents in any prosecution begun under this Act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to departtherefrom, shall be deemed to be an offense under this section of this Act. ,,"§"“°“ ”‘°‘““°d *“ Sec. 2. That in an roceedinv for the enforcement of the roi>ri>¤i=s¢t31Eiw-Ecmmeme visions of the statutedyrdlating tocinterstate commerce, whether dirch proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful to include as parties, in addition to the carrier,_all per-. sons interested in or afected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized byllaw with respect to carriers. fo§,‘g"{f,{,‘j,‘;f"',§“m",Q,‘{,‘{g Sec. 3. That whenever the _ terstate Commerce Commission shall discrimination. ew. have reasonable ground for belief that any common carrier rs engaged in the carriage of passengers or freight trafic between given points at less than the published rates on file, or is committing any discriminations forbidden by law, a petition ma be presented allegingnsuch facts to the circuit court of the United States sitting in equrty ving jurisdiction; and when the act complained of is alleged to have been committed or as being committed rn part in more than one (judicial district or ,State,` it may be dealt wit, inquired of, tried, an determined in either such judicial district or State, whereupon it shall be the duty of the court summarily to inquire into the circumstances upon such notice and in such manner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon bein Satisfied of the truth of the allegations of said petition said court shzgll enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said 0I‘d€1'S, writs, and process may be enforceable as well against the parties interested in the traiiic as against the carrier, subject to the b,{’¤*Qf*,f{,,§f‘f*,°,Qf‘°*"° right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States,whenever the Attorney-Gem eral shall direct, cit er of his own motion or u on the request of the In- _ terstate Commerce Commission, toinstitute and prosecute such proceed- ,g%§°°"'* °’ °'““’ ings, and the proceedings provided for by this Act shall not preclude the bringing of suit for the recovery of damages by any party injured, V°l· 2* P- W- or any other action provided by said Act approved Februar fourth, eighteen hundred and eighty-seven, entitle An Act to regulhte com- _¤Qg¤g,yQ§l’g;s*;g*gQg· merce and the Acts amendatory thereof. And in dproceedings under vm. za. p. gas. ’this Act and the Acts to regulate commerce the said courts shall have v°"°°· " "‘°‘ the power to comipel the attendance of witnesses, both upon the part . of the carrier an the shipper, who shall be required to answer on all subjects relating directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the carrier and the shipper, which relate directly or indirectly to such transaction; _ the claim that such testimony or evidence may tend to ‘cr·iminate the person giving such evidence shall not excuse such person from testifying or such corporation producing its books and papers, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing