CHAP. 104.-An act to regulate commerce. February 4, 1887. 24 Stat. L., 379. Interstate com 1888, Oct. 1, ch. 1063, post, p. 622. 121 U. S., 239. Be it enacted &c., That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of merce. passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, man- To what comagement, or arrangement, for a continuous carriage or shipment, mon carriers' act from one State or Territory of the United States, or the District of is applicable. Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States. through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, to delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. not applicable in one State. Railroad and The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and transportation in also all the road in use by any corporation operating a railroad, this act defined. whether owned or operated under a contract, agreement, or lease and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; And every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. Charges to be reasonable and just, and unrea sonable charges unlawful. ited. Special rates, rebates, &c., prohib37 Fed. Rep., 635. 39 Fed. Rep., 54. 43 Fed. Rep., SEC. 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, 26, 37. demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. SEC. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Undue preferences prohibited. 39 Fed. Rep., 54. 37 Fed. Rep., 635. 34 Fed. Rep., 481. Every common carrier subject to the provisions of this act shall, Equal facilities according to their respective powers, afford all reasonable, proper, to connecting and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; SUP RS-34 -except terminal facilities. 315, 862. But this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. 33 Fed. Rep., 391. Charge for short SEC. 4. That it shall be unlawful for any common carrier subject haul not more to the provisions of this act to charge or receive any greater comthan for long haul. 31 Fed. Rep., pensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. Exceptions may be authorized by Commissioners. Pooling of SEC. 5. That it shall be unlawful for any common carrier subject freights or earn- to the provisions of this act to enter into any contract, agreement, ings with others or combination with any other common carrier or carriers for the prohibited. pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; Each day of And in any case of an agreement for the pooling of freights as agreement, a sep- aforesaid, each day of its continuance shall be deemed a separate arate offense. Combinations to offense. SEC. 6. [Substitute, 1889, March 2, ch. 382, § 1, post, p. 684.] SEC. 7. That it shall be unlawful for any common carrier subject prevent continu- to the provisions of this act to enter into any combination, contract, ous carriage of freight to destina- or agreement, expressed or implied, to prevent, by change of time tion prohibited. schedule, carriage in different cars, or by other means or devices, 1890, July 2, ch. the carriage of freights from being continuous from the place of 647, post, p. 762. 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 act. Liability to per violation of act. SEC. 8. That in case any common carrier subject to the provisions sons injured by of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act 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 act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. Persons dam aged may com sonally. SEC. 9. That any person or persons claiming to be damaged by plain to Commis- any common carrier subject to the provisions of this act may either sion, or sue per- make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, 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 36 Fed. Rep.,273. 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 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. SEC. 10. [Substitute, 1889, March 2, ch. 382, § 2, post, p. 686.] SEC. 11. That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. 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, anno Domini eighteen hundred and eighty-seven, 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. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the Commissioners shall be appointed from the same political party. Certain persons No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning not eligible. 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. 12. [Substitute, 1891, February 12, ch. 128, post, p. 891.] SEC. 13. That any person, firm, corporation, or association, or any Petitions to mercantile, agricultural, or manufacturing society, or any body pol- commission as to itic or municipal organization complaining of anything done or violations of law. omitted to be done by any common carrier subject to the provisions 772, § 3, post, p. 1888, Aug. 7, ch. of this act in contravention of the provisions thereof, may apply to 603. said Commission by petition, which shall briefly state the facts; Whereupon a statement of the charges thus made shall be for- Charges to be warded by the Commission to such common carrier, who shall be forwarded to comcalled upon to satisfy the complaint or to answer the same in writ- mon carrier. ing within a reasonable time, to be specified by the Commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time Investigation, specified, or there shall appear to be any reasonable ground for in- when to be made. vestigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. Said Commission shall in like manner investigate any complaint of complaints forwarded by the railroad commissioner or railroad commission of by State railroad any State or Territory, at the request of such commissioner or com commissions. lation. mission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. SEC. 14. [See substitute, 1889, March 2, ch. 382, § 4, post, p. 687.] Notice to com- SEC. 15. That if in any case in which an investigation shall be mon carrier of vio- made by said Commission it shall be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or of any law cognizable by said Commission, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the Commission; carrier relieved Record to be And if, within the time specified, it shall be made to appear to the made if violation Commission that such common carrier has ceased from such violahas ceased or rep- tion of law, and has made reparation for the injury found to have aration made, and been done, in compliance with the report and notice of the Commisfrom further lia- sion, or to the satisfaction of the party complaining, a statement to bility. that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. Sessions. SEC. 16. [Substitute, 1889, March 2, ch. 382, § 5, post, p. 688.] SEC. 17. [Substitute, 1889, March 2, ch. 382, § 6, post, p. 689.] SEC. 18, [Substitute, 1889, March 2, ch. 382, §7, post, p. 690. SEC. 19. That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act. Annual reports SEC. 20. That the Commission is hereby authorized to require from common car- annual reports from all common carriers subject to the provisions riers to Commís- of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need sion. Reports to con tain: Capital stock; What and how paid; Dividends, &c.; stockholders; Debts and interest; Cost and value; Employees and salaries: Improvements; Earnings and receipts; . Expenses; information. Such annual reports shall show in detail The amount of capital stock issued; The amounts paid therefor, and the manner of payment for the same; The dividends paid, the surplus fund, if any, and the number of stockholders; The funded and floating debts and the interest paid thereon; The cost and value of the carrier's property, franchises, and equipment; The number of employees and the salaries paid each class; The amounts expended for improvements each year, how expended, and the character of such improvements; The earnings and receipts from each branch of business and from all sources; The operating and other expenses; The balances of profit and loss; And a complete exhibit of the financial operations of the carrier each year, Including an annual balance-sheet. Profit and loss; Complete financial operations; Balance sheet. Rates and agree Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, ments with other carriers. arrangements, or contracts with other common carriers, as the Com1888, Aug. 7, ch. mission may require; 772, § 6, post, p. 604. And the said Commission may, within its discretion, for the pur- Commission pose of enabling it the better to carry out the purposes of this act, may prescribe uniprescribe (if in the opinion of the Commission it is practicable to accounts. form system of prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. SEC. 21. [Substitute, 1889, March 2, ch. 382, § 8, post, p. 690.] SEC. 22. [Substitute, 1889, March 2, ch. 382, § 9, post, p. 690.] SEC. 23. Makes appropriation.] When law takes SEC. 24. That the provisions of sections eleven and eighteen of this act, relating to the appointment and organization of the Com- effect; appointmission herein provided for, shall take effect immediately, and the ment of Commisremaining provisions of this act shall take effect sixty days after its passage. [February 4, 1887.] sioners. CHAP. 105.-An act to amend the law relating to patents, trade-marks, and copyright. Be it enacted, &c., That hereafter, during the term of letters patent for a design, it shall be unlawful for any person other than the owner of said letters patent, without the license of such owner, to apply the design secured by such letters patent, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or to sell or expose for sale any article of manufacture to which such design or colorable imitation shall, without the license of the owner, have been applied, knowing that the same has been so applied. February 4, 1887.. 24 Stat. L., 387. use of patented 42 Fed.Rep.,323. Penalty and lia 38 Fed. Rep.,584. Any person violating the provisions, or either of them, of this section, shall be liable in the amount of two hundred and fifty dol- bility. lars; and in case the total profit made by him from the manufacture or sale, as aforesaid, of the article or articles to which the design, or colorable imitation thereof, has been applied, exceeds the sum of two hundred and fifty dollars, he shall be further liable for the excess of such profit over and above the sum of two hundred and fifty dollars. And the full amount of such liability may be recovered by the owner of the letters patent, to his own use, in any circuit court of the United States having jurisdiction of the parties, either by action at law or upon a bill in equity for an injunction to restrain such infringement. Suits. paired, but owner SEC. 2. That nothing in this act contained shall prevent, lessen, Remedy by eximpeach, or avoid any remedy at law or in equity which any owner isting law not imof letters patent for a design, aggrieved by the infringement of the not to recover. same, might have had if this act had not been passed; but such twice. owner shall not twice recover the profit made from the infringement. [February 4, 1887.] |