1 the district in which such offense was committed, be subject

2

to a fine of not exceeding five thousand dollars, or imprison3 ment in the penitentiary for a term of not exceeding two 4 years, or both, in the discretion of the court, for each offense; 5 and such person, corporation, or company shall also, together 6 with said common carrier, be liable, jointly or severally, in 7 an action to be brought by any consignor or consignee dis8 criminated against in any court of the United States of 9 competent jurisdiction for all damages caused by or resulting 10 therefrom.

12

13

COMMERCE COMMISSION;

APPOINTMENT,

TERM, AND QUALIFICATION OF COMMISSIONERS

SEC. 11. That a Commission is hereby created and 14 established to be known as the Interstate Commerce Com15 mission, which shall be composed of five Commissioners, 16 who shall be appointed by the President, by and with the 17 advice and consent of the Senate. The Commissioners first 18 appointed under this part shall continue in office for the 19 term of two, three, four, five, and six years, respectively, 20 from the 1st day of January, anno Domini 1887, the term 21 of each to be designated by the President; but their successors shall be appointed for terms of six years, except that 23 any person chosen to fill a vacancy shall be appointed only 24 for the unexpired time of the Commissioner whom he shall 25 succeed. Any Commissioner may be removed by the Presi

22

1 dent for inefficiency, neglect of duty, or malfeasance in office. 2 Not more than three of the Commissioners shall be appointed 3 from the same political party. No person in the employ 4 of or holding any official relation to any common carrier 5 subject to the provisions of this part, or owning stock or 6 bonds thereof, or who is in any manner pecuniarily inter7 ested therein, shall enter upon the duties of or hold such 8 office. Said Commissioners shall not engage in any other 9 business, vocation, or employment. No vacancy in the 10 Commission shall impair the right of the remaining Com11 missioners to exercise all the powers of the Commission. 12 Upon the expiration of his term of office a Commissioner 13 shall continue to serve until his successor is appointed and 14 shall have qualified.

15

16

AUTHORITY AND DUTIES OF COMMISSION; WITNESSES;

DEPOSITIONS

17 SEC. 12. (1) That the Commission hereby created 18 shall have authority to inquire into the management of the 19 business of all common carriers subject to the provisions of 20 this part, and shall keep itself informed as to the manner 21 and method in which the same is conducted, and shall have 22 the right to obtain from such common carriers full and com23 plete information necessary to enable the Commission to 24 perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and

25

1 required to execute and enforce the provisions of this part; 2 and, upon the request of the Commission, it shall be the 3 duty of any district attorney of the United States to whom 4 the Commission may apply to institute in the proper court 5 and to prosecute under the direction of the Attorney General 6 of the United States all necessary proceedings for the en7 forcement of the provisions of this part and for the punishment of all violations thereof, and the costs and expenses of 9 such prosecution shall be paid out of the appropriation for 10 the expenses of the courts of the United States; and for the

11

purposes of this part the Commission shall have power to 12 require, by subpena, the attendance and testimony of wit13 nesses and the production of all books, papers, tariffs, con14 tracts, agreements, and documents relating to any matter 15 under investigation.

16

(2) Such attendance of witnesses, and the production 17 of such documentary evidence, may be required from any 18 place in the United States, at any designated place of hear19 ing. And in case of disobedience to a subpena the Com20 mission, or any party to a proceeding before the Commission, 21 may invoke the aid of any court of the United States in 22 requiring the attendance and testimony of witnesses and the 23 production of books, papers, and documents under the pro24 visions of this section.

1

(3) And any of the circuit courts of the United States

2 within the jurisdiction of which such inquiry is carried on

3 may,

in case of contumacy or refusal to obey a subpena issued 4 to any common carrier subject to the provisions of this part,

5

or other person, issue an order requiring such common car6 rier or other person to appear before said Commission (and 7 produce books and papers if so ordered) and give evidence 8 touching the matter in question; and any failure to obey such 9 order of the court may be punished by such court as a con10 tempt thereof. The claim that any such testimony or evi11 dence may tend to criminate the person giving such evidence 12 shall not excuse such witness from testifying; but such evi13 dence or testimony shall not be used against such person on 14 the trial of any criminal proceeding.

15

(4) The testimony of any witness may be taken, at the 16 instance of a party, in any proceeding or investigation pend17 ing before the Commission, by deposition, at any time after

18

a cause or proceeding is at issue on petition and answer. 19 The Commission may also order testimony to be taken by 20 deposition in any proceeding or investigation pending before 21 it, at any stage of such proceeding or investigation. Such 22 depositions may be taken before any judge of any court of 23 the United States, or any commissioner of a circuit, or any 24 clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief

25

1

1 magistrate of a city, judge of a county court, or court of 2 common pleas of any of the United States, or any notary

3 public, not being of counsel or attorney to either of the parties,

4.

nor interested in the event of the proceeding or investigation. 5 Reasonable notice must first be given in writing by the party 6 or his attorney proposing to take such deposition to the 7 opposite party or his attorney of record, as either may be 8 nearest, which notice shall state the name of the witness 9 and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witness

10

11

12

may be compelled to appear and testify and produce docu13 mentary evidence before the Commission as hereinbefore 14 provided.

15 (5) Every person deposing as herein provided shall be 16 cautioned and sworn (or affirm, if he so request) to testify 17 the whole truth, and shall be carefully examined. His testi18 mony shall be reduced to writing by the magistrate taking 19 the deposition, or under his direction, and shall, after it has 20 been reduced to writing, be subscribed by the deponent.

21

(6) If a witness whose testimony may be desired to be 22 taken by deposition be in a foreign country, the deposition 23 may be taken before an officer or person designated by the 24 Commission, or agreed upon by the parties by stipulation in