Page:United States Statutes at Large Volume 49 Part 1.djvu/610

 j 74TH CON GRES S. SESS. I. CH. 498. AUGUST 9, 1935. 565 ect to this part for less than the applicable rate, fare, or charge, or who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as in this part provided for motor carrier or brokers, shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $500 for the first offense and not more than $2,000 for any subse- quent offense. " (d) Any special agent or examiner who divulges any fact or information which may come to his knowledge during the course of the examination of the accounts, records, and memoranda of motor carriers or brokers as provided in section 220 (b), except as he may be directed by the Commission or by a court of competent juris- diction or judge thereof, shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not mo re th an $5 .000 or imprisonment for a term not exceeding two years, or both . " (e) It shall be unlawful for any motor carrier or broker engaged in interstate or foreign commerce or any officer, receiver, trustee, lessee, agent, or employee of such carrier, broker, or person, or for any o ther p erson author ized b y such carri er, br oker, or per son to receiv e inform ation, k nowingly to disc lose to, or per mit to b e acquir ed by any person other than the shipper or consignee without the con- sent of suc h ship per or consi gnee, any in format ion co ncerni ng the nature, kind , quan tity, destin ation, consi gnee, or rou ting o f any property tendered or delivered to such motor carrier or broker for such transportation, which information may be used to the detri- ment or pr ejudi ce of such ship per or consignee, or which may improperly disclose his business transactions to a competitor ; and it shall also be unlawful for any person to solicit or knowingly receive any such information which may be so used. "(f) Nothing in this part shall be c onstrued to prevent the giving of such information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States or of any State, Territory, or District thereof, in the exercise of his power, or to any officer or other du ly authorized person seeking s uch information for the prosecution of persons charged with or suspected of crimes or to another carrier or broker, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers or brokers . "(g) Any motor carrier, or broker, or any officer, agent, employee, or representative thereof who shall willfully fail or refuse to make a report to the Commission as required by this part, or to keep accounts, records, and memoranda in the form and manner approved or presc ribed by the Commi ssion, or sh all kn owingl y and willfu lly fa lsify, d estroy, mutilate, or alt er any s uch repo rt, acc ount, re cord, or memorandum, or shall knowingly and willfully file any false re port, accoun t, rec ord, o r memo randum, shal l be d eemed guilty of a misdemeanor an d upon conviction thereof be s ubject for each offense to a fine of not less than $100 and not more than $5,000. " COLLECTION OF RATES AND CHARGES " SEc. 223. No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it in interstate or foreign commerce until all tariff rates and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time prescribe to govern the Penalty, agent or examiner divulging in- formation. Penalty for unau- thorized disclosure of information respecting shipment. Information fur- nished in response to legal process. Penalty ; refusal to make report, keep ac- counts, etc. Rates and charges. Collection of.