AN ACT TO EXPEDITE THE HEARING AND DETERMINATION OF SUITS. [32 STAT., 823.] new law, p. 34. That in any suit in equity pending or hereafter brought in any circuit court of the Referred to in 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 hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file 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 Court. 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 United 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: Provided, 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 [31 STAT., 1446.] in new law, p. 38. 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 by 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 reof 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. ports of acci Failure make report. SEC. 2. That any common carrier failing to make such report within thirty days 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 specified for making the same. to Reports not to dence. 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 suit or action for damages growing out of any matter mentioned in said report. SEC. 4. That the Interstate Commerce Commission is authorized to prescribe for such common carriers a method and form for making the reports in the foregoing section provided. Approved, March 3, 1901. 8956-06- -8 Form of report. Accrued claims Agent, act of, deemed act of carrier.. Special. (See Examiner, special.) facie evidence .. 40 Classification, freight, false Schedule to contain... Commission. (See Interstate Commerce Com- 17 9 41, 42, 43 39 mission.) 28 471 Commodity, carrier not to transport, in which in- 5 Common carrier. (See Carrier.) Agreements, copies filed, public records, prima Allowance for service rendered by shipper Annual report of carrier.... Commission to require, manner. 38 Election of.. 15 Arrangements, copies of, filed, prima facie evi- dence.... Attorney-General, assist Commission Certificate in expediting cases Collect forfeiture by civil action.. Direction of, forfeiture suits injunction suits.... Mandamus proceedings Award of damages by Commission. (See Money Baggage, amount of free.. Balance sheet of carrier in annual report.... 33, 34, 52 15, 19, 28 Attorney fees.... timony.) Contempt of.... 20 42 38 Billing, false Contracts, etc., filed with Commission prima 35 16, 17 Branch lines 2,5,6 Bridges and ferries. Costs and expenses. (See Costs and expenses.) 45 2 Enforce disobeyed order 32 Carrier, covered by act.. 1 Includes express companies Findings of fact of Commission awarding dam- Liability. (See Liability.) Means common carrier... 14 Injunction and interlocutory order. (See In- (53) 38 Conflicting acts repealed....... Connecting lines not to discriminate Court-Continued. Joinder of parties.... Jurisdiction, in cases other than for payment of money false-billing and rebate cases free-pass cases Limitations upon actions... Mandamus, as to cars and facilities.. to enforce act.... Money damages. (See Money damages.) Power over order of Commission........... Proceedings to enjoin departure from pub- False entry in accounts, divulging, etc., sec. 20. 40 16-18 Jurisdiction of.. 47 Page. 28, 48 30 Expediting act.. Applies to Commission cases.. Applies to suits against commission Express companies, employees carried free.. Included in act .... Facilities for interchange of traffic False billing............ Entry in accounts, etc... Fares. (See Tariff.) Fees, before Commission. Before courts.. Deposition.. Ferries and bridges File, contracts, arrangements, etc Tariff. (See Tariff. ) Findings of fact in money damages Prima facie evidence...... Foreign country, posting of tariff through Costs and expenses of suit for.......... Disobedience to orders of Commission, $5,000. Failure to file annual report, recovery....... Damage, absence of direct, not fatal to com- Failure to keep accounts 40 Form of procedure before Commission... 36 3-5 Departure from published rates. (See Rebates.) Depositions... 20, 21 Compulsory Fees of officers and witnesses. Filed with Commission.... Foreign countries... Depots, yards, and grounds.... Discrimination between connecting lines for- bidden.. Unjust (see also Rebates) District attorney, duty, as to forfeitures In enjoining rebates prosecutions... Divisions of joint rate Effect, act goes into Election of remedies. Of carriers, free passage to testify liable for false billing, etc liable for rebate salary and number in annual report. to report accidents... Enjoin. (See Injunction.) Enumeration of powers, not exclusive.. Evidence, prima facie................ Excepted cases ... Interchange permitted .......... Penalty and jurisdiction of courts. 3 4 5 5 3 21 Property in certain cases 42 Furnishing cars 2,6 21 Mandamus to compel 43 2 38 Interlocutory order, notice of appeal from (see |