Sec. 6 -physical connection between rail lines and dock. ing particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten: (a) To establish physical connection between the lines of the rail carrier and the dock at which interchange of passengers or property is to be made by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of the railroad right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a track or tracks to the dock. The Commission shall have full may determine authority to determine and prescribe the terms and conditerms of construc- tions upon which these connecting tracks shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier: Provided, That construction required by the Commission under the provisions of this paragraph anding of con- shall be subject to the same restrictions as to findings of cessity requisite. public convenience and necessity and other matters as is construction required under section 1 of this part. -Commission tion and operation. venience and ne -through routes and joint rates, rail and water carriers. Additional jurisdiction over establishment of proportional ports. (b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embraced. (c) To establish proportional rates, or maximum, or minimum, or maximum and minimum proportional rates, rates to and from by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water. -proportional rates defined. (d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water carrier operating from a port in the United States to a for 'Applicability of this paragraph to Government-owned boats on inland waterways, Transportation Act, 1920, sec. 201, post. Secs. 7-8 through rail rangements from and water ar United States to eign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Inter- foreign country. state Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country. COMBINATIONS TO PREVENT CONTINUOUS CARRIAGE OF FREIGHT PROHIBITED similar ar quired with other rangement re ocean lines, 24 Stat. L. 382. Freight carriage page in good SEC. 7. [As amended August 9, 1935.] [U. S. Code, 49 Stat. L. 543. title 49, sec. 7.] That it shall be unlawful for any com- treated as continmon carrier subject to the provisions of this part to enter uous unless stopinto any combination, contract, or agreement, expressed faith. 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 bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith. for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this part. LIABILITY IN DAMAGES TO PERSONS INJURED BY VIOLATION OF LAW common carriers caused by viola SEC. 8.1 [As amended August 9, 1935.] [U. S. Code, 24 Stat. 138343. title 49, sec. 8.] That in case any common carrier sub- Civil liability of ject to the provisions of this part shall do, cause to be for damages done, or permit to be done any act, matter, or thing in this tion of part I. part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this part, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of Attorney's fee. recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. 1 See sections 9, 13, and 16; Elkins Act, sec. 3. Secs. 9-10 Claimant may complain to Com United States court. 24 Stat. L. 382. REMEDIES OF PERSONS DAMAGED; ELECTION; WITNESSES SEC. 9. [As amended August 9, 1935.] [U. S. Code, mission or sue in title 49, sec. 9.] That any person or persons claiming to be damaged by any common carrier subject to the provisions of this part 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 49 Stat. L. 543. damages for which such common carrier may be liable under the provisions of this part, 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 court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent of the corporation or to testify; immu- 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. Officers of defendant required nity. Penalties for vio lations of Act by officers, agents, or employees. 24 Stat. L. 382. 25 Stat. L. 857. VIOLATION OF REGULATIONS BY CARRIER; DISCRIMINATION; SEC. 10.1 [As amended March 2, 1889, June 18, 1910, carriers, corporate February 28, 1920, and August 9, 1935.] [U. S. Code, title 49, sec. 10.] (1) That any common carrier subject to the provisions of this part, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or 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 part 36 Stat. L. 549. 49 Stat. L. 543. 41 Stat. L. 483. 'By Judicial Code, sec. 291, the power and duty imposed upon circuit courts shall be held to refer to and confer such power upon the district courts; and by sec. 289, the circuit courts were abolished. la Penalties for violation of Motor Carrier Act, 1935, sec. 222 (a), post. 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 part required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this part to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this part for which no penalty is otherwise provided, or who 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 or the transmission of intelligence, 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. 2 3 Sec. 10 billing, etc., by or agents. (2) Any common carrier subject to the provisions of Penalties for false this part, or, whenever such common carrier is a corpora- carriers, officers, tion, any officer or agent thereof, or any person acting for or 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. 'But see Communications Act of 1934, sec. 602 (b), June 19, 1934 (48 Stat. L. 1102), providing "the provisions of the Interstate Commerce Act, as amended, insofar as they relate to communication by wire or wireless, or to telegraph, telephone, or cable companies operating by wire or wireless, except the last proviso of section 1 (5) and the provisions of section 1 (7), are hereby repealed." Similar provision, Motor Carrier Act, 1935, sec. 222 (c), post. Sec. 10 Penalties for false billing, etc., by ers. 4 (3) Any person, corporation, or company, or any agent shippers and oth- or officer thereof, who shall deliver property for transportation to any common carrier subject to the provisions of this part, or for whom, as consignor or consignee, any such carrier shall transport property, who shall knowingly and willfully, directly or indirectly, himself or by employee, agent, officer, or otherwise, by false billing, false classification, false weighing, false representation of the contents of the package or the substance of the property, false report of weight, false statement, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent, or officer, obtain or attempt to obtain transportation for such property at less than the regular rates then established and in force on the line of transportation; or who shall knowingly and willfully, directly or indirectly, himself or by employee, agent, officer, or otherwise, by false statement or representation as to cost, value, nature, or extent of injury, or by the use of any false bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious, or fraudulent, or to contain any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise in connection with or growing out of the transportation of or agreement to transport such property, whether with or without the consent or connivance of the carrier, whereby the compensation of such carrier for such transportation, either before or after payment, shall in fact be made 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 wholly or in part 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: Provided, That the penalty of imprisonment shall not apply to artificial persons. • Similar provision, Motor Carrier Act, 1935, sec. 222 (c), post |