Page:United States Statutes at Large Volume 44 Part 1.djvu/1672

 4 r, / ,§_ 8  rzrnnwo.-eral tion; and no break- of bulk, stoppage, or interruption made by such common .car1=ler shall prevent, the··carriage of freights from being and being treated as one continuous carriage from the place ofshipznent 00* the place of destination,  such break, stoppage, or interruption was made in good faith! for some necessary purpose, and without any ymtent to avoid or unnecessarily interrupt auch continuous carriage or to wevade any of the provisions of §·this_.chapter. _ (Feb. 4, ·1887,,c.r_104, .§?,2—1Stat:f382.) — _ ·’  .— ‘ ·' I ` 8. Liability ki damages to persons injured by violation of law.—In case any common carrier subject to the °provlsions of this chapter shall do, cause to be done, oe permit to`·be done any act, matter, or thing in thlaychapter prohibited or declared to be Hl1l£;EVfl1l,”0I-°S1l&ll omit to do any act, matter, or thing ··in’ this chapter required to be done, n cl: _COIl1Hl0Ir carrier shall be liable to the person or persons glnjnred thereby for the full- amount off damages sustained in consequence -0£ any such violation of the provisions of thin chapter, together with a rcasonehlel counsel or attorney’s fee, to be tilxed · by the court in. every case of~ recovery, which ‘ attorney’s_ fee shall be taxed and collectedas part of the costs in-the case. (Heb. 4, 1887,tc. 104, § 8, 24 Stat. 382.); 4 _,, _Q _. . · 9, Remedies of pereone damaged; clcction";;,witnceses.—¢Any person or persons claiming; to be Vdamagedby any common carrier snbject to the provisions `.of this chapter may `either make complaint to the commission as hereinafter provided tor, or may bring salt lnhis or their own behalf for the recovery? of ttl damages for which such common carrier may be liable nnderthe tprovlsions ot this chapter, in any dlstrlct court of the United Staten of competent jurisdiction ;_ but such person or persons shall not have the right to pursue both of snld remedies, and must in each case elect which one oi the `two nncthods not procedure herein provided for he or they will adopt. In any such action brought for the recovery of danlages. the court before which the Same shall be pending may compel p any director, o&cer, recewcr, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify ln. such case, and may compel the production oth the hooks and papers ofauch corporation or company party to any · nach suit; the clalxnthat any such testimony or evidence may tend to crlminate the. person giving such evidence `ahall not excuse auch witness from testifying, but such evidence or tehtlmonyshall not be used against such person on thetrial of any cri1nlnal.·pr0°ceediug. _ (Feb. 4,.1887, c. 104, § 9, 24 Stat. 382,) , 16.; Violation of regulations. by carrier; discriinination; pen.- altiesr-(1)_ Violation by carrier- or omcorj; ponolty.---—Any com· _ . mon mrrlcr subject to the ~ provisions of this chapter, or, whenever auch common carrier ls, a corporzition, any director or owcer thereof, or any receiver, Quetec, lessee, agent, or person acting for or employed by such corporationhvho, alone or gwith any other corporation, company, person, for party, shall `ysflllfnlly do or cause to be done, or shall willingly suffer or permit to he done, any act, matter, or thing in this chapter prohibited or declaredto M nnlawtul, or who shall aid or abet therein, or shall willfully oxnlt or tall to do any act, matter, or thing in this chapter required to be done, or shall `caneeror l willingly suffer or permit any act, matter, or thing so directed or reqnlred by this chapter to be done not to be so done, or ehallaid or amt any such omission or failure, ornliall be guilty of any infraction ot thlachapter for which no `penalty-is otherwise provided, or who shall aid or abet therein, shall be deemed ·gnilty of a misdemeanor, and shall, upon conviction thereof ln any district court ot the United States within the jnrladlction ot which such odense Ewan committed.} bé subject to a dna ot not to exceed $5,000*for each éicnee: Provided, That it the oem for nithlch any peraongghall be convicted aa aforesaid shall be an nnlawful diecrlmlnation ln rates, fares, or charges for the tranaglortation of msaengers dr property or the ttahsmisalenoi

wsromurzozv, 1658 intelligmce, such person ._sha11, in addition .to the nne herein. before provided tor, be 'liable- to imprisonment an the peniten·· _tiary for a term of not exceeding two years, or both ouch one and imprisonrnent, in the discretion of the court. . — (2) False bilunyc or claaséloetioeg carrier; penalty.-—-any. ·c0mmon"car1iIer subject to the provisions of this chapter, or, _ whenever such common carrier is a corporation, any · o&cer_ or agent thereof, `. or any person acting for or employed hy such _ · corporation, who, by means-of £a1se·bi1l{.ng, false classihcation, false weighing, or false report of weight,joir_”by any other ` deyice or (means, shall knowingly- and willfully amietg or shena- » willingly. suffer or permit,  person or persons to obtain transportation for property at less than the regular rates then. established and in force on the line of transportation of such common carrier, shall be dwmed guilty of a mimemeanor, and shall, 'upon conviction thereof erin any   of the United States of competent, Jurisdiction within the district in. which such ommse was committed, be subject to a nne ot, not -e;:ceeding‘ $5,000, or imprisonment in the` penitentiary for Xa term of not exceeding two years, or both, in tho discretion of tho court, for each o£fc¤S§.—— _ M _   · _ (3)— Obtaining lowerlrotorby fo1se`b¢mng,' eto, or by mise claim ;` penalty.-+Any person, corporation, or coinpany, or any agent or 0Hicei·` thereof, who`. shall _ deliver property for trans- ·portation to any common carder subject to the provisions of , this chapter, or for. whom, as consignor or consignee, any esnch f carrier shall transport property, who shall · knowingly and willfully, directly, or indirect]y,_ himself-- or by employee, agent, onicer, or otherwise, by false billing,. cimi&cation, £a1ee weighing, false representation of the contents ot the package lozfthe substance of the property, false report of weight, false t statement, or by any other device or  whether with or without, the consent or, eceazmce ot the mrrter, its agent, or . omcer, obtain or attempt'. to obtain transportation for such property at less than the regular rateé then established and in ‘ force. on the line ot transportation; or e who shall mowingly f and willfully, directly or~ indirectly, himself or by employee, agent, omcer, or otherwise, by false statement or reprwentation as, to cost, value, nature, or extent of injury, or by  ot; any false bill, hill of lading, receipt; voucher, roll, account, - _ •¢1&ilI1,,C§1‘t.i¤C&té, andavit, or deposition, mowing the same to be false, Bctttiona, or fraudulent, or to contain any false, _° ¤ctitio_us,` or fraudulent statement or entry, obtain or- attempt · to obtain any allowance, refund, or payment for dhxnage or otherwise sin connection with or growing out of the tranéportaé tion of or agneement to uansport ench propertyfwhether with or ` without the, consent or connfvance of the carrier. whereby the ~ compensation ot such carrier for such transportation, either; before or ,_ after payment,  in tact be °n;aoe Ima than the ’ reguiar rates then established and in Ioree on the line ot. c transportation,  be deemed guilty ot transl, which is :de— clared to he A misdemanor, and,¤h§11..npon conviction. thereot in any court ot the United States ot competent jurisdiction within the district in  `such o¤ense`wae`who1ly or in part committed, be subject for meh onenee to a nno of not exceed- » ing $5,0® or imprisonment  the penitentiary for a term of p not exceeding two yearn, or both, in   discretion of the courtt . .Hov£ded, That the, pennlty of imprisonment shall not apply, to artmc$a1 persomr “ ‘ ‘ Q “ ‘ i. » • (4) Indwchgg gmjost éimrtmfnotioag pengttyg Mobility E for , domnyee.—-—·~·It any such. person, or any omcer or agent ot any y such corporation or company, shall, by mymentl ot money or Q . other thing ot yatne, solicitation, or otherwise, indnee or at- » A ot thin chapter, or any- ot its o&cere‘ or agents, to discriminate { unfwly in his, ita,‘or their favor as against any other con- » eignor or consigneo in the transportation fof property, or shell 5. std or abet any common www in any auch unjnet discrimina-
 * ] tempt to induce any common carrier snhject to the provisions