Liability of common carrier shall be liable to the person or persons common carriers for damages. 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.

Persons claim

ing to be damaged may elect

plain to the Com

suit in a United States court.

SEC. 9. That any person or persons claiming to be dam. whether to com- aged by any common carrier subject to the provisions of mission or bring this Act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this Act, in any district or circuit court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the Officers of de- court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books 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.

fendant may be compelled to testify.

Penalties for violations of Act

SEC. 10. (As amended March 2, 1889.) That any comby carriers, or mon carrier subject to the provisions of this Act, or, when

when the carrier

is a corpora

tion, its officers, ever such common carrier is a corporation, any director

agents, or

em

ployés: Fine and or officer thereof, or any receiver, trustee, lessee, agent, or Imprisonment. person, acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or

who shall aid or abet therein, or shall willfully 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 thing so directed or required by this Act to be done not to be so done, or shall aid or abet any such cmission or failure, or 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 five thousand dollars 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 hereinbefore 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.

Penalties for

etc.. by carriers, agents: Fine and

Any common carrier subject to the provisions of this false billing, Act, or, whenever such common carrier is a corporation, their officers or any officer or agent thereof, or any person acting for or imprisonment. employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully 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 five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense.

Penalties for false billing. etc., by shippers

and other per

Any person and any officer or agent of any corporation or company who shall deliver property for transportation imprisonment.

sons: Fine and

to any common carrier, subject to the provisions of this Act, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly and willfully, by false billing, false classification, false weighing, 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 five thousand dollars 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

inducing com

mon carriers to corporation or company, shall, by payment of money or

discriminate un

Justle Fine and other thing of value, solicitation, or otherwise, induce any

imprison ment.

Joint liability

with carrier for Common carrier subject to the provisions of this Act, or

damages

any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any 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 five thousand dollars, 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.

Interstate

Commerce

Com

Terms of Com

SEC. 11. That a Commission is hereby created and established to be known as the Interstate Commerce Commis- missioners-how appointed. sion, which shall be composed of five Commissioners, who shall be appointed by the President, 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, the term of each to be designated by the President; but their successors shall be missioners. 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. (See section 24, enlarging Commission and increasing salaries.)

Power and

sion to inquire

into business of

carriers and keen itself informed

in regard thereto

SEC. 12. (As amended March 2, 1889, and February 10, 1891.) That the Commission hereby created shall have duty of Commisauthority to inquire into the management of the business of all common carriers subject to the provisions of this Act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which

Commission

required to exe

cute and enforce

provisions of this

act.

attorney to prose

tion of AttorneyGeneral.

it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this Act; and, upon the request of the Commission, it shall be Duty of district the duty of any district attorney of the United States to cute under direc- whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the provisions of this Act and for the punishment of all violations thereof, and the Costs and ex- costs and expenses of such prosecution shall be paid out cution to be paid of the appropriation for the expenses of the courts of the United States; and for the purposes of this Act the ComPower of Com- mission shall have power to require, by subpoena, the

penses of prose

out of appropria

tion for courts.

mission to re

quire attendance

witnesses and

may invoke aid

of courts to com

attend and testify.

and testimony of attendance and testimoney of witnesses and the producproduction of tion of all books, papers, tariffs, contracts, agreements, documentary evidence. and documents relating to any matter under investigation. Commission Such attendance of witnesses, and the production of pel witnesses to such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

Penalty for disobedience to or

And any of the circuit courts of the United States der of the court. within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpœna issued to any common carrier subject to the provisions of this Act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate will to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence

Claim that testimony or evidence will tend

not excuse wit

ness