of commission not "The foregoing enumeration of powers shall not exclude Other powers any power which the commission would otherwise have in excluded. the making of an order under the provisions of this Act." SEC. 13. That section sixteen of said Act to regulate Enforcing commerce, as heretofore amended, is hereby now amended sion. so as to read as follows: or ders of commis money damages. circuit court if be not "SEC. 16. That if, after hearing on a complaint made Payment of as provided in section thirteen of this Act, the commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. "If a carrier does not comply with an order for the Proceedings in payment of money within the time limit in such order, money the complainant, or any person for whose benefit such paid. order was made, may file in the circuit court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any state court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises. Such suit in the circuit Findings, etc., court of the United States shall proceed in all respects prima facie evilike other civil suits for damages, except that on the trial dence. of such suit the findings and order of the commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be Attorney's fee. allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the commission within two years from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court or state court within one year from the date of the order, and not after. of commission Time limit for filing complaints. ties. "In such suits all parties in whose favor the commission Joining of parmay have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service Service of proc of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such Recoveries. joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. ess. Service of or ders. Suspension of orders. Compliance by carriers required. Penalty for carrier not obeying orders. "Every order of the commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. "The commission shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. "It shall be the duty of every common carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect. "Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of section fifteen of this Act shall forfeit to the United States the sum of five thousand Continuing vio- dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. lations. Recovery of foreitures. Duties of district attorneys, etc. Employ ment of attorneys, etc., "The forfeiture provided for in this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs. "It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. "The commission may employ such attorneys as it finds by commission. necessary for proper legal aid and service of the commission or its members in the conduct of their work or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the commission's own instance or upon complaint, or to appear for and represent the commission in any case pending in the commerce court; and the expenses of such employment shall be paid out of the appropriation for the commission. Expenses. Commerce court to enforce ments. "If any carrier fails or neglects to obey any order of the orders other than commission other than for the payment of money, while money pay the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney-General, may apply to the commerce court for Powers of court. the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same. Copies of schedules, etc., made public records "The copies of schedules and classifications and tariffs of rates, fares, and charges, and of all contracts, agree evidence. ments, and arrangements between common carriers filed with the commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under the provisions of this Act shall be preserved as public records Receivable in the custody of the secretary of the commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and Certified copies. extracts from any of said schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the commission's seal, shall be received in evidence with like effect as the originals." ments. SEC. 14. That section twenty of said Act to regulate Annual statecommerce, as heretofore amended, is hereby amended by striking out the following paragraph: out. "Said detailed reports shall contain all the required Matter stricken statistics for the period of twelve months ending on the thirtieth day of June in each year, and shall be made out under oath and filed with the commission, at its office in Washington, on or before the thirtieth day of September then next following, unless additional time be granted in any case by the commission; and if any carrier, person, or corporation subject to the provisions of this Act shall fail to make and file said annual reports within the time above specified, or within the time extended by the commission for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such parties shall forfeit to the United States the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto. The commission shall also have authority to require said carriers to file monthly reports of earnings and expenses or special reports within a specified period, and if any such carrier shall fail to file such reports within the time fixed by the commission it shall be subject to the forfeitures last above provided; And by inserting in lieu of the paragraph so stricken out the following: of statistics; pe "Said detailed reports shall contain all the required Annual reports statistics for the period of twelve months ending on the riod changed. thirtieth day of June in each year, or on the thirty-first day of December in each year if the commission by order substitute that period for the year ending June thirtieth, and shall be made out under oath and filed with the commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time be granted in any case by the commission; and if any carrier, person, or corporation subject Penalty for to the provisions of this Act shall fail to make and' file said annual reports within the time above specified, or within the time extended by the commission, for making and filing the same, or shall fail to make specific answer to any noncompliance. Monthly, peri ized. question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such party shall forfeit to the United States the sum of one hundred dollars for each and every day it shall conodical, or special tinue to be in default with respect thereto. The comreports author- mission shall also have authority by general or special orders to require said carriers, or any of them, to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matters about which the commission is authorized or required by this or any other law to inquire or to keep itself informed or which it is required to enforce; and such periodical or special reports shall be under Penalty of fail- oath whenever the commission so requires; and if any such ure. Prior proceedings, obligations, paired. carrier shall fail to make and file any such periodical or special report within the time fixed by the commission, it shall be subject to the forfeitures last above provided." SEC. 15. That nothing in this Act contained shall undo etc., not im- or impair any proceedings heretofore taken by or before the Interstate Commerce Commission or any of the Acts of said commission; and in any cases, proceedings, or matters now pending before it, the commission may exercise any of the powers hereby conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated; and nothing in this Act conatined shall operate to release or affect any obligation, liability, penalty, or forfeiture heretofore existing against or incurred by any person, corporation, or association. Issue of stocks and bonds by President appoint commis gate. of experts, etc. SEC. 16. That the President is hereby authorized to railroads. appoint a commission to investigate questions pertaining to to the issuance of stocks and bonds by railroad corporasion to investi- tions, subject to the provisions of the Act to regulate commerce, and the power of Congress to regulate or affect the same, and to fix the compensation of the members of such Employment commission. Said commission shall be and is hereby authorized to employ experts to aid in the work of inquiry and examination, and such clerks, stenographers, and Compensation. other assistants as may be necessary, which employees shall be paid such compensation as the commission may deem just and reasonable upon a certificate to be issued Details from by the chairman of the commission. The several departdepartments, etc. ments and bureaus of the Government shall detail from time to time such officials and employees and furnish such information to the commission as may be directed by the President. For the purposes of its investigations the commission shall be authorized to incur and have paid upon the certificate of its chairman such expenses as the commission shall deem necessary: Provided, however, That the total expenses authorized or incurred under the provisions of this section for compensation, employees, or otherwise, shall not exceed the sum of twenty-five thousand dollars. SEC. 17. That no interlocutory injunction suspending based on alleged or restraining the enforcement, operation, or execution Ity of, restricted. Of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of Expenses. Proviso. State statutes. unconstitutional three judges. Qualification of Notice to state such statute shall be issued or granted by any justice of the supreme court, or by any circuit court of the United States, or by any judge thereof, or by any district judge acting as circuit judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit judge, or to a district judge acting as circuit judge, and shall be heard and Hearing before determined by three judges, of whom at least one shall be a justice of the Supreme Court of the United States or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a justice of the Supreme Court of the United States, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, Provisos That one of such three judges shall be a justice of the judges. Supreme Court of the United States or a circuit judge. officials, etc. Said application shall not be heard or determined before at least five days' notice of the hearing has been given to the governor and to the attorney-general of the State, and to such other persons as may be defendants in the suit: Provided, That if of opinion that irreparable loss or Temporary redamage would result to the complainant unless a tem- to prevent irreporary restraining order is granted, any justice of the parable damage. Supreme Court of the United States, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall only remain in force until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such application for an inter- Precedence, locutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice herein before provided for. An appeal may be Direct app e al taken directly to the Supreme Court of the United States Court. from the order granting or denying, after notice and hearing, an interlocutory injunction in such case. straining order to etc., to hearings, to Supreme in sixty days. 16, immediately. SEC. 18. That this Act shall take effect and be in force. To take effect from and after the expiration of sixty days after its pas-Sections 12 and sage, except as to sections twelve and sixteen, which sections shall take effect and be in force immediately. Approved, June 18, 1910. CHAP. 379.—An Act To require apparatus and operators for radiocommunication on certain ocean steamers. June 24, 1910. [S. 7021.] [Public, No. 262.] 1, p. 629. nication. Be it enacted by the Senate and House of Representatives, 36 Stats. L., pt. of the United States of America in Congress assembled, That Radio-commufrom and after the first day of July, nineteen hundred and Required eleven, it shall be unlawful for any ocean-going steamer ocean-going steamers. on |