Page:United States Statutes at Large Volume 25.djvu/902

FIFTIETH CONGRESS. Sess. II. Ch. 382. 1889. 857 time the measure of publicity which common carriers shall give to . advances or reductions in joint tariffs. . "It shall be unlawful for any common carrier, party to any joint D¤vi¤·¤¤¤¤¤¤1¤wf¤!- tariff, to charge, demand, collect_, or receive from any person or per- · sons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon than 1S specified in the schedule Bled with the Commission in force at the time. “ The Commission may determine and prescribe the form in rm-m or mmm. which the schedules required by this section to be kept open to pubpc instpection shcllipe prepglrleaolabizdfarraéigedbgrzxltmay change the crm rom ime 0 1me as oun 1 . _ “If any such common carrier shall neglect o·· refuse to nle or pub- umP¤‘&=¤gE¤g; ghflgsili hsh 1tS schedules or tar1ffs of rates, fares, and charges as provided in schedules, em. this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subgzct to a writ of mvigsgct msndnmus mandamus, to be_1ssued by any circuit court of the _ mted States in ‘ the judicial district wherein the principal office of said common carrieril is situated, or wlfreio such offense may be topmmittedi and suc common carrier e a oreign corpora 1on in e ju 1c1a circui wherein such common carrier accepts traiiic and has an agent to perform such service, to compel compliance with the aforesaid provis- I ions of this section; and such writ shall issue 111 the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comp y Fm wrth its requirements shall be punishable as and for a contempt ; and pummtrgletz Swgvg the said Commissioners, agzoépéagéagncnts, majwalcoapplyiin any suc}; tempt. c` c 't court of the Unit , or a wr·1 o rnjunc ion agams sidllucommon carrier, to restrain such common carrier from receiv- Ininmcuonwissus. ing or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshrpment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act. Sec. 2. That section ten of said act IS hereby amended so as to read u£l¤¤;g§dm¤¤¤ ¤¤ ¤¤<=· 5 1] , _ _ _ ven. ai, p. _ aS"CSE(blvI0. That any common carrier subject to the provisions or P°·“””Y'°"’°‘°“°”- this act, oréiwheriever puch common carriier ps a cogorztroné anwdlrt theo or any rece1ver rus ee, e n , · _ - s‘g(rl,Od-ctilncg fbi}-or gilnpldyed by such corporation, who: algonc oplwrgh any other corporation, company, lperson, or party, shall wil gu ly o or cause to be done, or_shal wil mgly suffer or permit (p e I: one, any act, matter, or thindg in this act prohib1ted or dec are to e unlawful. or who shall 31 or abet there1n,_or shall willfully onnt 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 thmg so direcged orbrequired QL this act to bo: dpne not Stpaole go élppic); cp sl lt omissron or 31 ure o · adiy lrlilragtlidn fhfalzllilrs zlgt, or shall aid or abet therein, shall be deemed ruilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States wit in the ]ur1sd1ction of whip; Fm such offense was committed, be suoject to a fine of not to exceed fve thousand dollars for (wool]: offenseigdromcgetl, Thlag lplibcg oiigepclomor xlglygxfrglommt mi- }.l . h e convic as a oresar _ - i _ fhl lli;c[ld1d1iIii(:i.Itli(dIrllinarates, fares, or charges, for thetransportatron wu of passengers or property, such £(i3I°i0D_ shall, in addrgophto tgilggple herembefore provided for, be ha e o unprisonmen h lo pi d tiary for a term of not exceeding two years, or bot suc ne an imprisonment, in the discretion of the court.