Printing and posting of schedules of

rates, fares, and charges including

rules and regulations affecting the

same, termi

nal charges and freight classifications.

posting of

schedules of rates on

for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places, in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected.

Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such Printing and freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, Freight subject to cusshall, before it is admitted into the United States from said foreign toms duties in case of failure country, be subject to customs duties as if said freight were of forto publish eign production: and any law in conflict with this section is hereby through rates repealed.

freight carried through a foreign country.

Tendays' public notice of advances in

No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common car rier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes prorates must be posed to be made in the schedule then in force, and the time when given. the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such published rates, fares, or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates in rates must must be given. given.

Three days'

public notice of reduction

Published

And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provi

rates not to be sions of this section, it shall be unlawful for such common carrier to deviated

from.

charge, demand, collect, or receive from any person or persons & greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may st the time be in force.

Every common carrier subject to the provisions of this act shall file with the commission hereinafter provided for copies of its sched

and charges

sion.

ules of rates, fares, and charges which have been established and pub- Copies of schedules of lished in compliance with the requirements of this section, and shall rates, fares, promptly notify said commission of all changes made in the same. must be filed Every such common carrier shall also file with said commission cop- with commisies of all contracts, agreements, or arrangements with other common Copies of concarriers in relation to any traffic affected by the provisions of this act tracts, agreements, and arto which it may be a party. And in cases where passengers and rangements freight pass over continuous lines or routes operated by more than with commismust be filed one common carrier, and the several common carriers operating such sion. lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, Joint tariffs must be filed in like manner, be filed with said commission. Such joint rates, fares, with commisand charges on such continuous lines so filed as aforesaid shall be sion. made public by such common carriers when directed by said commis. Power of comsion, in so far as may, in the judgment of the commission, be deemed mission to practicable; and said commission shall from time to time prescribe publicity. the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published.

prescribe

tice to com

No advance shall be made in joint rates, fares, and charges, shown upon joint tariffs, except after ten days' notice to the commission, which shall plainly state the changes proposed to be made in the Ten days' noschedule then in force, and the time when the increased rates, fares, mission of advance in joint or charges will go into effect. No reduction shall be made in joint rates, fares, and charges. rates, fares, and charges, except after three days' notice, to be given Three days' to the commission as is above provided in the case of an advance of notice to comjoint rates. The commission may make public such proposed duction in advances, or such reductions, in such manner as may, in its judgment, joint rates, be deemed practicable, and may prescribe from time to time the charges. measure of publicity which common carriers shall give to advances Power of comor reductions in joint tariffs.

mi-sion of re

fares, and

mission to make advances or

It shall be unlawful for any common carrier, party to any joint reductions tariff, to charge, demand, collect, or receive from any person or per- public. sons a greater or less compensation for the transportation of persons Joint rates, fares, and or property, or for any services in connection therewith, between any charges must points as to which a joint rate, fare, or charge is named thereon than not be deviais specified in the schedule filed with the commission in force at the time.

ted from.

Commission

forms of

The commission may determine and prescribe the form in which the schedules required by this section to be kept open to public may prescribe inspection shall be prepared and arranged, and may change the form schedules of from time to time as shall be found expedient.

rates. fares, and charges.

If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in Penalties for neglect or addition to other penalties herein prescribed, be subject to a writ of refusal to file mandamus, to be issued by any circuit court of the United States in or publish the judicial district wherein the principal office of said common car- and charges. rier is situated, or wherein such offense may be committed, and if

rates, fares,

such common carrier be a foreign corporation in the judicial circui* wherein such common carrier accepts traffic and has an agent to per form such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several states and territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several states and territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act.

SEC. 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of buik, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carfreights from riage from the place of shipment to the place of destination, unless place of shipment to place such break, stoppage or interruption was made in good faith for some of destination necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.

Continuous carriage of

SEC. 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to Liability of be done, such common carrier shall be liable to the person or persons riers for dam- injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

common car

ages.

Persons

SEC. 9. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the commission as hereinafter provided for, or claiming to be damaged may may bring suit in his or their own behalf for the recovery of the elect whether damages for which such common carrier may be liable under the proto the com- visions of this act, in any district or circuit court of the United bring suit in a States of competent jurisdiction; but such person or persons shall United States not have the right to pursue both of said remedies, and must in each

to complain

mission or

court.

case elect which one of the two methods of procedure herein provided for be or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be pend

of defendant

ing may compel any director, officer, receiver, trustee, or agent of Officers, etc., the corporation or company defendant in such suit to attend, appear, may be comand testify in such case, and may compel the production of the books pelled to testify. and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

or

or when

SEC. 10. (As amended March 2, 1889.) That any common carrier Penalties for violations of subject to the provisions of this act, or, whenever such common car-act by carrier is a corporation, any director or officer thereof, or any receiver, thers, or for s trustee, lessee, agent, or person, acting for or employed by such cor- a corporation, its officers, poration, who, alone or with any other corporation, company, person, agents, or emor party, shall wilfully do or cause to be done, or shall willingly ployes: Fine and imprisonsuffer or permit to be done, any act, mitter, or thing in this act pro- ment. hibited or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or tring so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed $5,000 for each offense: Provided, That if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges, for the transportation of passengers or property, such person shall, in addition to the fine herein before provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court.

Any common carrier subject to the provisions of this act, or, Penalties for false billing, whenever such common carrier is a corporation, any officer or agent etc, by carriers, their thereof, or any person acting for or employed by such corporation, officers or who, by means of false billing, false classification, false weighing, or agents: Fine and imprisonfalse report of weight, or by any other device or means, shall know-ment. ingly and wilfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding $5,000, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense.

pers and

Any person and any officer or agent of any corporation or company Penalties for false billing, who shall deliver property for transportation to any common carrier, etc., by shipsubject to the provisions of this act, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly sons: Fine and imprisonand wilfully, by false billing, false classification, false weighing, ment.

other per

false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject for each offense to a fine of not exceeding $5,000 or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court.

Penalties for If any such person, or any officer or agent of any such corporation inducing common carriers or company, shall, by payment of money or other thing of value, solicto discrimi itation, or otherwise, induce any common carrier subject to the pronate unjustly: Fine and visions of this act, or any of its officers or agents, to discriminate imprisonment. Joint unjustly in his, its, or their favor as against any other consignor or liability with consignee in the transportation of property, or shall aid or abet any

carrier, for

damages.

Interstate commerce commission

missioners.

common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding $5,000, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom.

SEC. 11. That a commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be ers-how ap-composed of five commissioners, who shall be appointed by the presipointed. dent, by and with the advice and consent of the senate. The commissioners first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from the first day of January, anno Domini eighteen hundred and eighty-seven, Terms of com- the term of each to be designated by the president; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the commissioner whom he shall succeed. Any commissioner may be removed by the president for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission.