Page:United States Statutes at Large Volume 44 Part 1.djvu/1688

 F l  42 · TITLE .§9;i—TRAQ eyery case Elsodeexned to bethejact, omission, or failnre of such carrier or shipper as.wcl1 a_sj__that of the person. When~ ever any carrier tileswith the Interstate Commerce Commission or publishes a particular ra·te..undcr the provisions of the ° l preeogling chapter, _ or `participates in any rates, so Bled or pnblished, that rate as against- such carrier, its omcers or ‘ —agents, _ in any prosecution begun under sections 41, _42 or _ -13, shall `be conclusively fdeemed to be the leéal. rate, and any departure from `sucli rate,} or any offer to depart therefrom, shall be Ydccméd to  anoffense under athissection. » ‘ _(3) Receiving, rebates; additional pen·qlty" and · recover;} z‘ltercof§—-—An`y person, corporation, 'or- company yvho shall dec liver property for intérstntej transportation to- any common cars rier, subject to the provisions of sections _41,· 42, or  or  for whom! as consignor 'orl consignee, any such carrier; shalltransport property ’f1‘OHl one State, Territory, or`Y the Distiet of Columbia to`; any other _State, Territory, ,or_ the- District of ` Columbia,. or foreign country, who shall · knowingly Iby employee, agent, officer, .or otherwise, directly or indirectly, by or. through any means "or device whatsoever, receive or accept from such common carrier any sam. of money_ or any other waluable consideration as a rebate or otfset against the regular L.! charges for transportation of such property, asiiaed by the schedules of ratesproyided for in,said sections, shall ln. addi= tion to any penalty provided by said sections forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of nny_ot_her consideration so received or accepted, to `be ascerltained `by the trial courti and the Attorney General of the United States is authorized and directed, whenever he has reasonable grounds to believe that any such person, corporation,_or company has knowingly received or accepted from any such cotnmoncarrier any sum of money. or other valuable con- · sideration as a rebate or·o&set as’aforesald,- to institute inany co_urt,,ot the United States of competent jurisdiction; a civil , action to collect the said sum-or. sums so forfeited asiaforesaid ;‘ and- in ‘t-he trial Yot said action {all such rébates or other con-. siderations so received or accepted for a period ot six years prior to the commencement of the action, `may be included ~ , therein, and the amount recovered shall be? three times the total amount of money, or three timcsthe total value of such lconslderation, so received or accepted, or both, as the case may be. - (Feb. 19, 1903,‘c..708,·§ 1, 32 Stat, 847; June 29, 1906, c. 3591, 5 2, 34 Stat. 587.) s " j 42. Parties included in proceedings to enforce law.———»In any proceeding for the entorcementot the provisions ot the statutes relating to interstate commerce, whether such proceedings be instituted before, the Interstate Commerce. Commission or bc begun originally in any district courtof, the United States, it shall be lawful to include as parties, ·in addition to the carrier, all persons interested ln or affected `by the rate, regulation, or practice, under consideration} and inquiries, lnvestigations,` qrders, and decrees may be made with referenceto and against such additionalparties in the same manner, to the same extent, and subject to the salne provisionsas are or shall benuthorizod e by law with respect to carriers. (Feb. '19, 1903, c. 708, 5 _ 2, 32 Stat. S48; Mar. 3,41911, c. 231,} 291, 33 Stat. 1167..) ( _ . ( 43.. Proceedings in eqnity to enforce tarils, etc.`; district attorneys; damages; witnesses; precedenoe.——Whenever the Interstate Commerce Commission shall have greasonable ground for belief that any common carrier is engaged in the carriage of »pmesge¤·¤ or freight trams between given points at less than the paibllshed rates on ale, or is committing any diseriminations forbidden by law, a petition may be presented alleging such facts to the district court ot the United States sitting in equity 'havlng Jurisdiction; and when the act complained or ts. alleged to have been committed or as belng committed ln part in more than one judicial district or Stab,

Nspozcmajroy ‘ · 1674 it may be dealf with, _ inquired cf, ° tried, and determined my either such judicial district qrstate,_wuereu;5o¤,1t shall be ‘ the duty; of- the court summarily to inquire into the Qrcum- ‘· _stances,_ upon such notice and ln such manner as the court shall axrecclaua without the·formal·pleadlngs and proceedings ’applicable’ to ordinary suitsin equity, and to make. such other 'B persons oricerporationscparties thereto as »the court may deem n’ecess_ary, and upon being `satisiled ottthe truth of the allege: tions of said petition said court shall enforce an observauce of the published tariffs or. direct and require a discontinuance of such discrimination by proper orders, write, and ‘proce;¤s,· which said O1',d€1‘S,'¥\’IQitS, and process may be enforceable as well against the parties interested in the tramc as against the ·currie1·,- subject to the Trlght of appeal as new provided by law. It shall he the duty of the several district attorneys’_o£· the; United States, yvheneyer the Attorney General shall direct, - either of his own motion or upon the request of the Interstate Commerce Commission, to lnstitute and, prosecute such lproceedings, and the proceedings provided for by see- ` tions 441,,42, or-43 shall notpreclude the bringing of suit for the recovery of damages by any party injured, or ‘uny` other action provided by, the preceding chapter. And in pr0cecd= ` Wings under said `jsections and the-preceding chapter the said · courts shall have the power. to compel the attendance of tritnesses, both uponcthe part of ?the carrier and the shipper, who shall he required to ausw_e1·_'on all subjects relating directly or indirectly to the matter in- controversy, and to compelutlxe production} of all books and lpapersyhoth of the carrier and the shipper, which relate directly or indirectly to such transaction'; V .·the`· clalrn that such testimony or evidence inay tend to crimi-- 7 `nate the person giving such evidence shall not excuse such ‘ person {rom` testifying or such corporation producing its hooks and papers, but_ no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of anytransaction, matter, or thingy concerning which he may testify or produce evidence documentary or otherwise in such proceeding: Pro: `~ _vided,* That the provisions of sections 44._and 45 shall apply to, any case prosecuted under the direction of the Attorney ° General iu. thename of the- Interstate Commerce Commission. ~ (Feb. 19, 1903, c. 708,`·§ 3,32 Stat; 848; Mar. 3, 1911, c. 2-51, K 291, 36 Stat. 1167.) l — _ _ ~ ·. 44, Expedition of suits.--In any suit in equity brought in any {district court, of the __United States under the preceding chapfter or any- other statutory provisions having a like purpose that maybe enacted, avhereln the°United States is complainant, the Attorney General may me with the clerk of such courta ccrtiii— , cate that, in his opinion, the case is of general public importance, ‘ a` copy of whlchshall be immedlutely_fx1rnished by such clerk to each-01 the circuit judges of the circuit in which the case is ‘ pending. _~Thereupou such case shall he given precedence over others and in `everyway expedited, and beussigncd for hearing at the earliest practicable day, before not less than three of the circuit jmlgcs of said circuit, lt therebe three or more; and it there be not more than two circuit judges, then before them and such district judge as they may select; or, in case the full court shall not at any time be made up by reason ot the necessary ahsence or`u1equu11acau¢m otione or more of the said circuit judges, ; the justice of the Suprexne.Court assigned to that circuit or the , Qther circuit judge or judges may designate a district judge or judgeswithiu the circuit who shall be connpeteut to sit in said I court at the hearing oi said suit. _In the event the judges sitting · in such case shall be equally divided in opinion as to the decision or disliosition of said cause, or in the event that a inujority , of said judges, shall be unable to agree upon the judgment. order, or decrm dually disposing of said case in said court which should he entered in said cause, then they shall immediately certify that facf to the Chief Justice- of the United ,~ _ States, who shall at oncedeslgnatc and appoint some clrcult