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THE ELKINS LAW.

[February 19, 1903 (32 Stat., 847).]

Corporation

liable.

That anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the Acts amendatory thereof which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said Acts or under this Act shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by this Act with reference to such persons except as such penalties are herein changed. The Failure to file willful failure upon the part of any a misdemeanor. carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts or strictly to observe such tariffs until changed according to law. shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dollars nor more than twenty thousand dollars for each offense; and it shall

or observe tariff

ments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.

(SEC. 11, new.) That this Act Time of taking shall take effect and be in force

from and after its passage.

JOINT RESOLUTION JUNE 30,

1906.

effect.

act.

The act entitled "An act to Suspending amend an act entitled 'An act to regulate commerce' approved February fourth, eighteen hundred. and eighty-seven, and all its acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission" shall take effect and be in force sixty days after its approval by the President of the United States.

SEC. 6, NEW LAW, SPECIFICALLY AMENDING ELKINS LAW.

[Act of June 29, 1906 (31 Stat., 584).]

Elkins Act re

That anything ferred to on pp.

done or omitted to be done by a 6, 14, 16, 18.
corporation common carrier, sub-
ject to the Act to regulate com-
merce and the Acts amendatory
thereof, which, if done or omitted
to be done by any director or offi-
cer thereof, or any receiver, trus-
tee, lessee, agent, or person acting
for or employed by such corpora-
tion, would constitute a misde-
meanor under said Acts or under
this Act, shall also be held to be a
misdemeanor committed by such
corporation, and upon conviction
thereof it shall be subject to like
penalties as are prescribed in said
Acts or by this Act with reference.
to such persons, except as such pen-
alties are herein changed. The
willful failure upon the part of any
carrier subject to said Acts to file
and publish the tariffs or rates and
charges as required by said Acts or
strictly to observe such tariffs
until changed according to law,
shall be a misdemeanor, and upon
conviction thereof the corporation
offending shall be subject to a fine
of not less than one thousand dol-
lars nor more than twenty thousand
dollars for each offense; and it shall

accept rebate

be unlawful for any person, per- Solicit, give, or sons, or corporation to offer, grant, unlawful." or give or to solicit, accept, or receive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory thereto,

whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory

thereto,

be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory

thereof,

whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory

or whereby

any other advantage is given or discrimination is practiced. Every person or corporation

who shall

offer, grant, or give or solicit, accept or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars.

In all convictions occurring after the passage of this Act for offenses under said Acts to regulate commerce, whether committed before or after the passage of this Act, or for offenses under this section, no penalty shall be imposed on the convicted party other than the fine prescribed by law, imprisonment wherever now prescribed as part of the penalty being hereby abolished.

Punishment.

thereof,

or whereby

any other advantage is given or discrimination is practiced.

Every person or corporation,
whether carrier or shipper,
who shall,
knowingly,

offer, grant, or give, or solicit, accept, or receive any such rebates. concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars:

Imprisonment.

Provided, That any person, or any Referred to on officer or director of any corpo- pp. 16, 17, 18. ration subject to the provisions of this Act, or the Act to regulate

commerce and the Acts amenda

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