Second: Or, such person or persons may make complaint to the Commission, following the forms and practice enumerated in Sec. 13, et seq. (Sec. 9.)

But such person 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 he or they will adopt. (Sec. 9.)

Remedies of Complainants whether Damaged

or not.

There are three classes of complainants who may institute proceedings against common carriers without alleging any injury or damage.

First. Any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complaining of any thing done or omitted to be done by any common carrier, subject to the provisions of this Act in contravention of the provisions thereof, may apply to said Commission by petition, etc. (Sec. 13.)

Second. Said Commission shall, in like manner, investigate any complaint forwarded by the Railroad Commissioner, or Railroad Commis

sion of any State or territory, at the request of such Commissioner or Commission. (Sec. 13.)

Third. And said Commission may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. (Sec. 13.)

No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (Sec. 13.)

CHAPTER VII.

THE INTER-STATE COMMISSION.

E now come to consider the most im

W portant portion of the Inter-State

Commerce Act, which relates to the creation of the Commission, and its general functions and powers, as contained between the eleventh and the twenty-fourth sections of the Act inclusive.

Title of Commission.

The Commission is to be known as the "Inter-State Commerce Commission." (Sec. II.)

Number of Commissioners and Manner of Appointment.

It shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. (Sec. 11.)

Term of Office.

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, 1887, 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 term of the Commissioner whom he shall succeed. (Sec. 11.)

Removal.

Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (Sec. 11.)

Political Complexion and Qualification of Com

missioners.

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. (Sec. 11.)

Powers of Commission.

The Commission hereby created shall have authority:

First: To enquire into the management of the business of all common carriers subject to the provisions of this Act. (Sec. 12.)

Second: Shall keep itself informed as to the manner and method in which the same is conducted. (Sec. 12.)

Third 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 it was created. (Sec. 12.)

Fourth And for the purposes of the Act the Commission shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation. (Sec. 12.)

Fifth And to that end, may invoke the aid