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AN ACT TO EXPEDITE THE HEARING AND DETERMINATION OF SUITS.

132 STAT., 823.]

That in any suit in equity pending or hereafter brought in any circuit court of the Referred to in

new law, p. 34. United States under the Act entitled **An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that bereafter may be enacted, wherein the United States is complainant, the Attorney-General may tile with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon before three such case shall be given precedence over others and in every way expedited, and be judges. assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said circuit, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select. In Review by the event the judges sitting in such case shall be divided in opinion, the case shall be Supreme Couri. certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided.

SEC. 2. That in every suit in equity pending or hereafter brought in any circuit Appeal to sucourt of the United States under any of said Acts, wherein the Cnited States is preme Court. complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken Exception. within sixty days from the entry thereof: Provida, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.

Approved, February 11, 1903,

AN ACT REQUIRING COMMON CARRIERS ENGAGED IN INTERSTATE COMMERCE

TO MAKE FULL REPORTS OF ALL ACCIDENTS TO THE INTERSTATE COM-
MERCE COMMISSION.

in new law, p. 38.

acei.

(31 STAT., 1446.] It shall be the duty of the general manager, superintendent, or other proper officer Covered in part of every common carrier engaged in interstate commerce hy railroad to make to the Interstate Commerce Commission, at its office in Washington, District of Columbia, a monthly report, under oath, of all collisions of trains or where any train or part Monthly re of a train accidentally leaves the track, and of all accidents which may occur to its dents. passengers or employees while in the service of such common carrier and actually on duty, which report shall state the nature and causes thereof, and the circumstances connected therewith.

Sec. 2. That any common carrier failing to make such report within thirty days make report. after the end of any month shall be deemed guilty of a misdemeanor and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of Penalty. not more than one hundred dollars for each and every offense and for every day during which it shall fail to make such report after the time herein specitied for making the same.

SEC. 3. That neither said report nor any part thereof shall be admitted as evi- be used in evidence or used for any purpose against such railroad so making such report in any dence. suit or action for damages growing out of any matter mentioned in said report.

to

not

INDEX.

1

25

22

28

Page.

Page.
Access to carriers' accounts.....
39 Cars and vehicles, furnishing of

2,6
Accidents, Commission to be informed..
52 Compelled ...

43
Evidence, reports not used as.
52 “Cease and desist," order to.

24
Failure to report, penalty
52 Change in rate, notice of.....

10
Form of report
52 'Claim, accrued (see also ('omplaint)

28
Included in annual reports
38 Classification, freight, false

17
Accounts of carriers (see also Annual report)

39, 40
Schedule to contain ....

9
Failure to keep, penalty.
40 Common-law remedies remain..

41, 42, 43
False entry, penalty

10 Commission. (See Interstate Commerce Com-
Uniform forms prescribed

39 mission.)
Accrued claims

28 .Commodity, carrier not to transport, in which in-
Agent, act of, deemed act of carrier.
47 terested ...

5
Special. (See Examiner, special.)

Common carrier. (See Carrier.)
Agreements, copies filed, public records, prima Commutation tickets.

3
facie evidence ...
35 Complaints to Commission ..

21
Allowance for service rendered by shipper

Absence of direct damage not fatal.
Annual report of carrier....
37-41 Carrier notified...

21
Commission to require, manner
38 Election of

15
specific answers
37 Investigated.

22
('ontents ..

37, 38 Limitation
Failure to file, forfeiture
39 State railroad commission

22
Oath to

39 , Compulsory testimony.

15, 19, 44, 50, 51
Public records
35 Concurrence in joint tariff.

11
Time of filing
38 · Conflicting acts repealed..

44, 50
Annual report of Commission, to Congress.. 41. Connecting lines not to discriminate

7
Published .....
23 Contempt of court

20
Appeals to Supreme Court.
33, 34, 52 Continuous carriage of freights.

14
Application of act
1. Contracts, copies to be filed

11
Arrangements, copies of, filed, prima facie evi-

Public records.....

35
cence.
35 Corporation carrier made liable.

45
Attorney-General, assist Commission
19 Costs and expenses, court...

19
Certificate in expediting cases

34
old law

33
Collect forfeiture by civil action..
18 Depositions

21
Direction of, forfeiture suits
29 Forfeiture suits.

29
injunction suits.

Money damage cases.

27
prosecutions..
19 Counsel, fee allowed

15, 19, 28
Mandamus proceedings
40 Special, employed by Commission

29
Special counsel

29
Court, appeal to Supreme

33, 34, 52
Attorney's fees

15, 19, 28
Attorney fees.....

15, 19, 28
Award of damages by Commission. (See Money

Compulsory testimony. (See Compulsory tes-
damages.)

timony.)

19

30

22

Page.

Page.
Court-Continued.

Expediting act....

52
Joinder of parties.....

28, 48
Applies to Commission cases.

50
Jurisdiction, in cases other than for payment

Applies to suits against commission

34
of money
Expenses of Commission, how paid....

37
false-billing and rebate cases
16-18, 47 Express companies, employees carried free.

4
free-pass cases

5
Included in act

2
Limitations upon actions.
28 Facilities for interchange of traffic

7
Mandamus, as to cars and facilities..
43 False billing ...

16,17
to enforce act.

40
Entry in accounts, etc.

40
Money damages. (See Money damages.)

Fares. (See Tariff.)
Power over order oi Commission....

24
Fees, before Commission..

37
Proceedings to enjoin departure from pub-

Before courts.

19, 27, 29
lished rate.

49
Deposition

21
Self-crimination

16, 20, 50, 51
Ferries and bridges

2
Service of process...

28
File, contracts, arrangements, etc

11
Suit, for recovery of damages.

15, 26, 47

Tariff. (See Tariff.)
for recovery of forfeitures.

29, 39, 40,

48

Findings of fact in money damages
for switch connections..

6
Prima facie evidence......

27
to enforce act..

19
venue of suits against Commission

9
Foreign country, posting of tariff through
33

48
Criminal provisions, antipass ...

Forfeiture, consideration illegally received.
5.

29
Elkins Act, rebates, etc....

Costs and expenses of suit for....
45, 47

Disobedience to orders of Commission, $5,000. 29
False entry in accounts, divulging, etc., sec. 20. 40

29
General, sec. 10...

Duty of district attorney
16-18
Failure to file annual report, recovery.

39
Jurisdiction of.....

47
Failure to keep accounts

40
Damage, absence of direct, not fatal to com-

29
plaint...

22
Recoverable by civil suit.

36
Damages. (See Money damages.)

Form of procedure before Commission.

3-5
Decree. (See Order.)

Free transportation of persons ..
Excepted cases

3
Departure from published rates. (See Rebates.)

Interchange permitted

4
Depositions

20, 21
Compulsory

5
Penalty and jurisdiction of courts.

3
Fees of officers and witnesses..

21

Prohibited
Property in certain cases ..

42
Filed with Commission.

21
Furnishing cars

2,6
Foreign countries ....

21

Mandamus to compel
Depots, yards, and grounds......

2
Discrimination between connecting lines for-

Haul, long and short ...

7
bidden.....

7
Icing service...

2
Unjust (see also Rebates)
6 Immunity, defined

51
District attorney, duty, as to forfeitures

29
To testifying witnesses

16, 20, 50, 51
In enjoining rebates

46
49

Imprisonment for discrimination ...
prosecutions.
19 Improvements of carrier, in annual report...

38
Divisions of joint rate

24
* Industrial railroads,” etc.

25
Effect, act goes into

45

Initial carrier has recourse upon carrier respon-
Election of remedies
15 sible for damage...

41
Elevator services

2 Injunction compelling obedience to order of Com-
Elkins Act (as amended)

45-51
mission ...

32
Employee of Commission..

36
Notice to Commission.

34
Of carriers, free passage
3 Suit for d mages not interfered with by

50
to testify ...

15 To restrain rebates...
liable for false billing, etc
16 Interchange of traffic

7
liable for rebate ...
45, 46 Interchangeable tickets

42
salary and number in annual report.

38 Interlocutory order, notice of appeal from (see
to report accidents....
52 also Injunction)

34

21

43

49

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