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such manner that they shall be accessible to the public and can be conveniently inspected.
No change shall be made in the schedules of rates, fares, and charges filed and published as aforesaid unless the carrier files with the Commission a statement of such changes and posts new schedules, as hereinbefore provided, or plainly indicates such changes upon those already posted, at least sixty days before the taking effect of such changes; but the Commission may, for good cause shown, allow changes upon less than sixty days' notice, and it may do this either in a particular instance or by general order applicable to particular conditions and species of traffic.
The Commission may determine and prescribe the form in which the aforesaid schedules shall be prepared and printed and in which notice of changes shall be given, and may alter the same from time to time as may be found expedient.
No carrier shall, unless otherwise provided by this act, receive or participate in the interstate transportation of passengers or property, as defined in the first section of this act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this section; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or prop. erty, or for any service in connection therewith, between the points named in such schedules, than the rates, fares, and charges which are specified in the schedules filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper any privileges or facilities in the receiving, storing, bandling, or forwarding of property, except as specified in such schedules.
Any carrier, any officer, representative or agent of a carrier, or any receiver, trustee, lessee or agent who knowingly violates the provisions of the foregoing paragraph shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. The forfeitures hereby imposed shall be recovered in the manner hereinafter provided.
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, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed.
Every rate, fare, and charge legally filed, published, and in effect shall be conclusively presumed to be a reasonable and lawful one until the Commission enters an order directing the carrier to show cause why said rate shall not be held to be unreasonable or otherwise in violation of law. This order may be entered by the Commission of its own motion, and shall be entered, as a matter of right, upon the filing with it, agreeably to the provisions of this act, of a formal complaint, specifying the particular in which it is alleged that the rate, fare, or charge is in violation of law. The carrier affected shall be forth with notified and a full bearing had, as in other proceedings before the Commission, and all carriers interested may be inade parties.
If the Commission is of the opinion that the rates, fares, or charges, as filed and published, or the classification, or the privileges, facilities, and regulations published in connection therewith are unreasonable or
otherwise in violation of law, it shall determine what are and will be reasonable and otherwise lawful rates, fares, charges, classification, privileges, facilities, or regulations, and shall prescribe the same, and shall order the carrier or carriers to file and publish, on or before a certain day, to take effect on a certain day, schedules in accordance with the decision of the Commission.
If any reduction is made in joint rates, fares, or charges by such order the Commission may determine, if the parties can not agree, what the divisions of such reduced rates, fares, or charges between the different lines shall be, or in what manner and in what proportion between the different lines the reduction shall be effected.
Such order of the Commission shall be deemed an administrative order, and shall be subject to the right of review in the carrier hereinafter provided for, and shall be enforced as are other final adininistrative orders under the sixteenth section by penalty or otherwise.
When an order made under this section, directing a change in the published rates, fares, charges, privileges, facilities or regulations, has become final, cither because no proceedings in review have been insti. tuted within the time limited, or because such proceedings have terminated, any party who, after the granting of the order to show cause as aforesaid, bas paid a sum in excess of what would have been paid for the same service according to the decision of the Commission, may, within one year from the time when such order becomes final, and not after, apply in the same proceeding in which the change was ordered, and not elsewhere; and upon its being made to appear that a sum has been so paid in excess of what would have been paid for the same service according to the schedules as amended in accordance with the order of the Commission, an order shall be made directing the carrier to make restitution in such sum, with interest, to the party having paid the same.
Such order shall stand like the other orders of the Commission for the payment of money, and shall be made, served, and enforced as is provided in case of such orders in the fifteenth and sixteenth sections of this act.
A rate, fare, or charge established by the order of the Commission shall not be increased nor shall a classification, privilege, facility, or regulation so established be departed from without the consent of the Commission, granted upon application of the carrier after due notice and upon full hearing. Rates, fares, or charges for a service, not in excess of those fixed by an order of the Commission, shall be conclusively deemed to be reasonable until the making of an order by the Commission, after full hearing, that the same shall be further reduced, and until such order has become final as defined in the sixteenth section.
This section shall not affect rights or causes of action which may have accrued previous to its passage, nor the method of enforcing the
That section 15 be amended to read as follows:
SEC. 15. If after full hearing it is determined that any party complainant is entitled to an award of damages under the provisions of this act for a violation of its provisions, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. If, after such hearing, it is determined that any carrier is in violation of the provisions of this act, the Commission shall make an order directing such carrier to cease and desist from such further violation, and shall prescribe in such order
the thing which the carrier is required to do or not to do for the future to bring itself into conformity with the provisions of this act; and in so doing it shall have power (a) to fix a maximum rate covering the entire cost of the service, (b) to fix both a maximum and minimum rate when that may be necessary to prevent discrimination under the third section, (c) to determine the divisions between carriers of a joint rate and the terms and conditions under which business shall be interchanged when that is necessary to an execution of the provisions of this act, (d) to make changes in classification, (e) to so amend the rules and regulations under which traffic moves as to bring them into conformity with the provisions of this act.
The foregoing enumeration of powers shall not exclude any power which the Commission would otherwise have in the making of an order under the provisions of this act. An order not for the payment of money shall be termed an administrative order.
Every order shall fix the date when it is to take effect, which shall in no case be less than ten and ordinarily not less than thirty days from the service of such order upon the carrier. Such order shall be forth with served by mailing to any one of the principal officers or agents of the carrier at his usual place of business a copy of the report and opinion of the Commission, together with a copy of the order, and the registry mail receipt shall be prima facie evidence of the receipt of such order by the carrier in due course of mail,
That section 16 be amended to read as follows: SEC. 16. If a carrier does not comply with an order for the payment of money within the time limited in such order, the complainant may file in the circuit court of the United States for the district in which he resides, or in which is located the principal office of the defendant, or through which the road of the defendant runs, a petition setting forth briefly the causes for which he claims damages and the order of the Commission in the premises. This petition shall be returnable and served upon the defendant carrier like a writ of summonis. Upon due service and entry of said petition in said court there shall be pending in such court upon the law side a civil suit for the recovery of such damages, which shall proceed from then on in all respects like a civil suit for that cause of action, except that the order of the Commission shall be prima facie evidence of the facts therein stated, and except that further the complainant shall not be liable for costs in the circuit court, nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the complainant finally recovers, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the Commission within three years from the time the cause of action accrues and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court within two years from the date of the order and not after.
Any carrier may, within thirty days from the service of an administrative order upon it, begin in the circuit court of the United States for the district in which its principal operating office is situated, and if several carriers join in such proceedings, in the district in which any one of them has its principal operating office, proceedings to review such order. Such proceedings shall be begun by filing in the circuit court a petition which shall briefly state the matters embraced in such order and the particulars in which it is alleged to be erroneous. If the
order is made in a suit in which there is a complainant, the petition shall be served upon him like a bill in equity. In every case the petitioner shall, immediately after the filing of such petition in the circuit court, file with the Interstate Commerce Commission a copy of the same.
Upon the filing of such a petition the clerk of such circuit court shall at once notify the Commission that such a petition has been filed, and the Commission shall thereupon, within twenty days from the receipt of such notice, cause to be filed in such court a complete certified copy of all proceedings had before it in said cause, which shall include the pleadings, the testimony and exhibits, together with the report and opinion of the Commission and its orders in the premises. If it is impracticable to send up a copy of any exhibit, the exhibit itself may be forwarded.
If either party desires to take additional testimony for use in the circuit court he may apply to such court, and if the court is of the opinion that such testimony is material to the disposition of the case and either could not have been or, under all the circumstances, ought not to have been taken before the Commission, it may instruct the Commission to take and send up such further testimony, and thereupon such testimony shall be taken before one or more commissioners and duly certified to the circuit court.
The case as certified from the Commission, together with any addi. tional testimony taken as above, shall be the record upon which it shall be heard by the circuit court. If that court, upon such record, is of the opinion that the order of the Commission was not a lawful, just, and reasonable one, it shall vacate the order; otherwise it shall dismiss the proceedings in review. In either case it shall file with its decision a statement of the reasons upon which that decision proceeds, which shall be certified to the Commission. If the order is vacated the Commission may proceed either to reopen the case for further hearing or to dispose of it by the making of a new order upon the then record, and from any subsequent order there shall be the same right of review.
Upon the filing of a petition for review the circuit court may, upon such notice to the complainant, if there be one, and to the Commission, as the court deems proper, extend the time within which such order shall take effect, not to exceed in all forty days from the date of service upon the carrier. The court may also, if upon an inspection of the record it plainly appears that the order proceeds upon some error of law or is unjust and unreasonable on the facts, and not otherwise, suspend the operation of the order during the pendency of the proceedings in review, or until further order of the court.
If there is no complainant the defense in such proceedings for review shall be undertaken by the United States district attorney for that district, under the direction of the Attorney-General of the United States, and the costs and expenses of such proceedings shall be paid out of the appropriation for the expenses of the courts of the United States. In such cases the United States shall be regarded as a party defendant.
Either party may appeal from the judgment of the circuit court to the circuit court of appeals in the saine manner that an appeal is taken in equity causes; and if the subject in dispute exceeds one thousand dollars or the record presents a question which would be reviewable in any case of law or equity by the Supreme Court irrespective of the amount involved, an appeal shall also lie from the circuit court of appeals to the Supreme Court of the United States. The circuit court, upon the taking of an appeal from its judgment,
shall determine whether or not the order is to remain effective during the pendency of the appeal, and the circuit court of appeals shall have the same power in case an appeal be taken from its judgment. If the effect of the order is suspended, such causes shall be given preference over all others, excepting criminal causes.
No costs shall be allowed the petitioner in the circuit court nor in any court to which said cause may subsequently pass unless it goes upon the appeal of the defendant, in which case the petitioner shall be allowed such costs as are occasioned by the appeal. If the proceedings in review are finally dismissed, the defendant shall have judgment for his costs, together with a reasonable attorney's fee, which shall be taxed as a part of such costs.
If no proceedings to review an administrative order made under either the sixth or fifteenth sections are begun within the time limited, or if the effect of such order has not been suspended by the court in case of such proceedings, or if such proceedings are vacated by the court, such order shall be known as a final administrative order. Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent, who knowingly fails to obey or disobeys a final administrative order shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense.
The forfeitures provided for in this act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the carrier has its principal office or in any district through which the road of the carrier runs. It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of such penalties. The costs and expenses of such prosecutions shall be paid out of the appropriation for the expenses of the courts of the United States.
No carrier nor person shall for the same offense be liable for more than one of the forfeitures and penalties imposed by the sixth, tenth, and sixteenth sections of this act, and the beginning of proceedings under either section shall be a conclusive bar to proceedings for the same offense against the same person or carrier under either of the other sections.
If any carrier disobeys or neglects to obey a final administrative order, any party injured thereby, or the Commission in its own name, may apply to the circuit court in the district where such carrier has its principal office, or in any district through which the road of the carrier runs, for an enforcement of such order. Such application shall be by petition, which shall state the substance of the order and the respect in which the carrier has failed of obedience, and shall be served upon the carrier in such manner as the court may direct. If, upon such hearing as the court may determine to be necessary, it appears that the order was duly made and served and that the carrier is in disobedience of it, the court shall enforce obedience to said order by the issuing of a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of said order, or enjoin upon it or them obedience to the same; and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience to its writs of injunction and mandamus. From any action or failure to act upon such petition an appeal shall
H. Doc. 157-10