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B. W. Harris, J. R. Hawley, Hendee, Herndon,
E. R Hoar, G. F. Hoar, Hooper, Hoskins, Kas-
son, Kellogg, Kendall, Lawson, Lowndes, Magee,
J. W. McDill, MacDougall, Mellish, Mitchell,
Nesmith, Niles, O'Brien, O'Neill, H. W. Parker,
Parsons, Pendleton, E. Perry, Phelps, Pierce, Pike,
J. H. Platt, Poland, Potter, Randall, Reed, J.
B. Rice, E. H. Roberts, Sawyer, Scofield, H. J.
Scudder, Smart, H. B. Smith, J. Q. Smith,
Starkweather, Stone, Storm, W. Townsend, Tre-
main, Waldron, M. L. Ward, Wheeler, C. W.
Willard, G. Willard, C. G. Williams, Woodford-
74.

McKee, McLean, McNulta, Milliken, Monroe, L.Myers, Neal, Negley, W. E. Niblack, O'Neill Orr, Orth, Packard, Packer, I. C. Parker, Pelham, Phillips, J. H. Platt, T. C. Platt, Pratt, Purman, Rainey, Ransier, Rapier, Rawls, Ray, J. B. Rice, Richmond, Robbins, W. R. Roberts, J. C. Robinson, J. W. Robinson, Ross, Rusk, H. B. Sayler, M. Sayler, I. W. Scudder Sener, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D., Shoemaker, Sloss, A. H. Smith, H. B. Smith, J. A. Smith, Southard, Speer, Sprague, Standeford, Strait, Strawbridge, Taylor, Thornburgh, Todd, Tyner, Vance, Wallace, Walls, J. D. Ward, Wells, NAYS-Messrs. Adams, Archer, Arthur, Ashe, Whitehead, Whiteley, Whitthorne, C. G. Williams, Atkins, Averill, BANNING, Barber, Barnum, Williams of Indiana, W. B. Williams, Willie, J. Barry, J. B. Beck, Begole, H. P. Bell, Berry, Wilson, J. M. Wilson, Wolfe, Wood, Woodworth, Bland, Blount, Bowen, Bradley, Bright, Buck-J. D. Young, P. M. B. Young-169. ner, Bundy, B. F. Butler, J. H. Caldwell, Can- NAYS-Messrs. Albert, Archer, Barnum, Bass, non, Cason, Cessna, A. Clark, J. B. Clark, Clay- BROMBERG, Buckner, Buffinton, Burchard, Burton, Clements, S. A. Cobb, Coburn, Comingo, leigh, Clayton, Clymer, Cotton, Cox, Dawes, Conger, Cook, Corwin, Crossland, Crounse, Crutch- De Witt, Eames, Frye, Garfield, Gooch, E. Hale, field, Curtis, Danford, J. J. Davis, De Witt, R. S. Hale, Hancock, B. W. Harris, J. R. HawDobbins, Donnan, Duell, Dunnell, Durham, Eden, ley, Hendee, Herndon, E. R. Hoar, G. F. Hoar, Eldredge, Farwell, Field, Fort, C. Foster, Free- Hodges, Hooper, Hoskins, HYNES, Kelley, Kelman, Giddings, Glover, Gunckel, Hagans, Har-logg, Kendall, Lawson, Lowndes, Luttrell, Magee, mer, H. R. Harris, J. T. Harris, Harrison, MacDougall, Mellish, Merriam, Mitchell, Niles, Hatcher, Hathorn, Havens, J. B. Hawley, Hays, O'Brien, Page, H. W. Parker, Parsons, PendleG. W. Hazelton, Hereford, Hodges, Holman, ton, E. Perry, Phelps, Pierce, Pike, Poland, PotHoughton, Howe, Hubbell, Hunter, Hunton, ter, Randall, Read, E. H. Roberts, Sawyer, J. G. Hurlbut, Hyde, HYNES, Kelley, Killinger, Knapp, Lamar, Lamport, Lansing, Lawrence, Leach, B. Lewis, Loughridge, Lowe, Luttrell, J. R. Lynch, Marshall, Martin, Maynard, McCrary, A. S. McDill, McKee, McNulta, Merriam, Milliken, Monroe, L. Myers, Neal, Negley, W. E. Niblack, Orr, Orth, Packard, Packer, Page, I. C. Parker, Pelham, Phillips, T. C. Platt, Pratt, Purman, Rainey, Ransier, Rapier, Rawls, Ray, Richmond, Robbins, W. R. Roberts, J. C. Robinson,

J. W. Robinson, Ross, Rusk, H. B. Sayler, M. Sayler. J. G. Schumaker, I. W. Scudder, Sener, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D. Shoemaker, Sloss, A. H Smith, J. A. Smith, Snyder, Southard, Speer, Sprague, Standeford, Strait, Strawbridge, Taylor, Thornburgh, Todd, Tyner, Vance, Wallace, Walls, J. D. Ward, Wells, Whitehead, WHITEHOUSE, Whiteley, Whitthorne, Williams of Indiana, W. B. Williams, J. Wilson, J. M. Wilson, Wolfe, Wood, Woodworth, J. D. Young, P. M. B. Young-173.

The bill was then passed-yeas 169, nays 77: YEAS-Messrs. G. M. Adams, Arthur, Ashe, Atkins, Averill, BANNING, Barber, Barry, J. B. Beck, Begole, H. P. Bell, Bland Blount, Bowen, Bradley, Bright, Bundy, B. F. Butler, J. H. Caldwell, Cannon, Cason, Cessna, A. Clark, J. B. Clark, Clements, S. A. Cobb, Coburn, Comingo, Conger, Cook, Corwin, Crooke, Crossland, Crounse, Crutchfield, Curtis, Danford, Darrall, J. J. Davis, Dobbins, Donnan, Duell, Dunnell, Durham, Eden, Eldredge, Farwell, Field, Fort, C. Foster, Freeman, Giddings, Glover, Gunckel, Hagans, Harmer, H. R. Harris, J. T. Harris, Harrison, Hatcher, Hathorn, Havens, J. B. Hawley, Hays, G. W. Hazelton, Hereford, Holman, Houghton, Howe, Hubbell, Hunter, Hunton, Hurlbut, Hyde, Kasson, Killinger, Knapp, Lamar, Lamport, Lansing, Lawrence, Leach, B. Lewis, Lough ridge, Lowe, J. R. Lynch, Marshall, Martin, Maynard, McCrary, A. S. McDill, J. W. McDill,

Schumaker, Scofield, H. J. Scudder, Smart, J. Q.
Smith, Snyder, Starkweather, Stone, Storm,
W. Townsend, Tremain, Waldron, M. L. Ward,
Wheeler, WHITEHOUSE, C. W. Willard, G. Wil-
lard, Woodford—77.

House Resolutions.
TEMPORARY LOAN, TAXATION, PUBLIC Debt, and

ECONOMY IN PUBLIC EXPENDITURES.

1874, January 12-A motion made by Mr. KELLEY to suspend the rules and agree to the following resolution

Resolved, That it is the sense of this House that the taxes which now burden the people should not be increased, but that the extraordinary means, if any be required, for the support of the Government during the temporary paralysis in the industries of the country now prevailing, should be met by a temporary loan or loans, bearing a low rate of interest in currency, and redeemable in United States notes,

Came up, and was disagreed to, (two thirds not voting in favor thereof,)-yeas 154, nays 83:

YEAS-Messrs. Adams, Albright, Archer, Arthur, Ashe, Atkins, Averill, Barry, Bass, Begole, H. P. Bell, Berry, Biery, Blount, Bowen, Brown, Buckner, Bundy, Burrows, B. F. Butler, R. R. Butler, Cain, J. H. Caldwell, Cannon, Cason, Cessna, A. Clark, J. B. Clark, F. Clark, S. A. Cobb, Coburn, Comingo, Conger, Cook, Corwin, Crittenden, Crossland, Crutchfield, Curtis, Danford, Darrall, A. M. Davis, Dobbins, Donnan, Duell, Dunnell, Durham, Eden, Elliott, Farwell, Field, Fort, Freeman, Glover, Harmer, H. R. Harris, Hatcher, Havens, J. B. Hawley, Hays, Hereford, Hersey, Holman, Houghton, Howe, Hubbell, Hunter, Hunton, Hyde, HYNES, Kelley, Kendall, Killinger, Knapp, Lamison, Lansing, Lawrence, Leach, Loughridge, Lowe, Lowndes, Luttrell, J. R. Lynch, Magee, Marshall, McJun

kin, McNulta, Milliken, Mills, Monroe, W. S. | Cessna, A. Clark, J. B. Clark, F. Clarke, Clay-
Moore, Morey, L. Myers, Neal, Negley, Nesmith, ton, Clements, Clymer, S. A. Cobb, Coburn, Com-
W. E. Niblack, Nunn, O'Neill, Orr, Orth, Pack- ingo, Conger, Cook, Corwin, Cotton, Cox, Crit-
ard, Packer, Page, H. W. Parker, I. C. Parker, tenden, Crocker, Crutchfield, Curtis, Danford,
Pratt, Randall, Rapier, Read, Richmond, Rob- A. M. Davis, Dawes, De Witt, Dobbins, Donnan,
bins, J. W. Robinson, Rusk, H. B. Sayler, Sener, Duell, Dunnell, Durham, Eames, Eden, Elliott,
Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, Farwell, Field, Fort, C. Foster, Frye, Garfield,
L. D. Shoemaker, Sloss, Small, W. A. Smith, Giddings, Glover, Gooch, Gunckel, E. Hale, R.
Southard, Sprague, Stanard, Standeford, Strait, S. Hale, Hamilton, Hancock, Harmer, B. W.
Strawbridge, Taylor, Thornburgh, Todd, W. Harris, H. R. Harris, Harrison, Hatcher, Havens,
Townsend, Tyner, Vance, Waddell, Wallace, J. J. B. Hawley, J. R. Hawley, G. W. Hazelton,
D. Ward, M. L. Ward, Wells, White, Whitehead, Hendee, Hereford, Herndon, Hersey, E. R. Hoar,
Whitthorne, Wilber, Williams of Indiana, W. B. Holman, Hooper, Hoskins, Houghton, Howe,
Williams, Willie, J. Wilson, Wolfe, Woodworth, Hubbell, Hunter, Hunton, Hurlbut, Hyde,
J. D. Young, P. M. B. Young-154.
HYNES, Kasson, Kelley, Kendall, Killinger,
Knapp, Lamison, Lansing, Lawrence, Lawson,
Leach, Loughridge, Lowe, Lowndes, Luttrell,
J. R. Lynch, Magee, Marshall, Martin, May-
nard, McCrary, A. S. McDill, J. W. McDill, Mac-
Dougall, McNulta, Merriam, Milliken, Mills,
Mitchell, Monroe, W. S. Moore, Morrison, L.
Myers, Neal, Negley, Nesmith, W. E. Niblack,
Nunn, O'Neill, Orr, Orth, Packard, Packer, H.
W. Parker, I. C. Parker, Parsons, Pelham, Pendle-
ton, E. Perry, Phelps, Phillips, Pierce, T. C. Platt,
Poland, Randall, Ransier, Rapier, Ray, Read,
J. B. Rice, Richmond, Robbins, E. H. Roberts,
J. W. Robinson, Rusk, Sawyer, H. B. Sayler,
M. Sayler, J. G. Schumaker, Scofield, I. W. Scud-
der, Sessions, Shanks, Sheats, Sheldon, I. R.
Sherwood, L. D. Shoemaker, Sloss, Small, A. H.
Smith, H. B. Smith, J. Q. Smith, Southard,
Sprague, Standeford, Starkweather, Stone, Storm,
Strait, Strawbridge, Swann, Taylor, Thornburgh,
Todd, W. Townsend, Tyner, Vance, Waddell,
Waldron, Walls, J. D. Ward, Wells, White,
Whitehead, WHITEHOUSE, Whitthorne, Wilber,
C. W. Willard, C. G. Williams, J. M. S. Wil-
liams, Williams of Indiana, W. B. Williams,
Willie, J. Wilson, Wolfe, Wood, Woodworth, J.
D. Young, P. M. B. Young-222.

NAYS-Messrs. Albert, Barnum, J. B. Beck, Bland, Bradley, Bright, Buffinton, Burchard, Burleigh, Clayton, Clymer, Cotton, Cox, Crocker, Crounse, Dawes, De Witt, Eames, C. Foster, Frye, Garfield, Giddings, Gooch, Gunckel, E. Hale, R. S. Hale, Hamilton, Hancock, B. W. Harris, Harrison, Hathorn, J. R. Hawley, Hendee, Herndon, E.R. Hoar, G. F. Hoar, Hoskins, Kasson, Lawson, B. Lewis, Maynard, McCrary, A. S. McDill, J. W. McDill, MacDougall, Mellish, Merriam, Mitchell, Morrison, Niles, O'Brien, Pendleton, E. Perry, Phelps, Pierce, T. C. Platt, Poland, Potter, Rainey, Ray, J. B. Rice, E. H. Roberts, Sawyer, J. G. Schumaker, Scofield, I. W. Scudder, Smart, A. H. Smith, H. B. Smith, J. Q. Smith, Starkweather, Stone, Storm, Stowell, Swann, Waldron, Wheeler, WHITEHOUSE, C. W. Willard, C. G. Williams, J. M. S. Williams, Wood, Woodford-83.

Mr. HOLMAN moved to suspend the rules and pass the following resolution:

Resolved, That in the judgment of this House there is no necessity for inceased taxation or for an increase of the public debt by a further loan if there shall be severe economy in the public expenditures; and in view of the condition of the national finances this House will reduce the appropriations and public expenditures to the lowest point consistent with a proper administration of public affairs.

The rules were suspended and the resolution agreed to-yeas 222, nays 3:

YEAS-Messrs. Adams, Albert, Albright, Archer, Arthur, Ashe, Atkins, Averill, BANNING, Barnum, Barrere, Barry, J. B. Beck, Begole, H. P. Bell, Berry, Biery, Bland, Blount, Bowen, Bradley, Bright, Brown, Buckner, Buffinton, Bundy, Burchard, Burleigh, Burrows, R. R. Butler, Cain, J. H. Caldwell, Cannon, Cason,

NAYS-Messrs. Barber, Hays, W. A. Smith-3. Mr. J. R. HAWLEY moved to suspend the rules and pass the following:

Resolved, That, in the opinion of this House, the expenditures of the nation can and should be so reduced and regulated that they can be met by the existing taxes; and in no event should there be an increase of either interestbearing or non-interest-bearing obligations of the Government.

Two-thirds voting in favor thereof the rules were suspended and the resolution adopted.

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XIV.

THE TRANSPORTATION QUESTION.

FORTY-SECOND CONGRESS, THIRD SESSION.

IN HOUSE.

1873, January 27.-Mr. JOHN B. HAWLEY moved to suspend the rules and pass a bill to provide for the appointment of commissioners to

collect information in relation to railroads forming lines of commerce between States.

Without voting, the House adjourned. February 3.-Mr. HAWLEY'S motion coming up as the regular order, the House refused to suspend the rules, two-thirds not voting in favor thereof-yeas 75, nays 98:

YEAS-Messrs. Averill, Barber, Barry, Beatty, in commerce among the several States; and the J. G. Blair, BOLES, Buckley, Bunnell, Burchard, company or companies, corporation or corpoBurdett, R. R. Butler, C. L. Cobb, Coghlan, Cot-rations, person or persons, owning or operating ton, Darrall, Dickey, Donnan, Duell, Dunnell, such line of railroad shall be, both jointly and Eames, Esty, Finkelnburg, W. D. Foster, Frye, severally, liable for any violation of the proGarfield, Haldeman, Harmer, Havens, J. B. Haw-visions of this act. ley, J. R. Hawley, Hay, Hays, G. W. Hazelton, J. W. Hazelton, G. F. Hoar, Kendall, Killinger, Lamport, McCormick, McCrary, McGrew, MeHenry, McJunkin, Merriam, Monroe, Morey, L. Myers, Orr, Packard. Packer, I. C. Parker, Peck. Pendleton, Porter, E. H. Roberts, Shanks, Shel-pensation for the transportation of freight of any don, Shellabarger, L. D. Shoemaker, H. B. Smith, J. A. Smith, Sprague, Starkweather, Stevenson, Stoughton, Stowell, W. Townsend, Tyner, Wakeman, Walden, Wheeler, Whiteley, Williams of Indiana, J. M. Wilson, J. T. Wilson-75.

NAYS-Messrs. Acker, Adams, Archer, Arthur, E. W. Beck, J. B. Beck, S. N. Bell, Bingham, Bird, A. BLAIR, Boarman, Braxton, Bright, Buffinton, B. F. Butler, R. P. Caldwell, Comingo, Conger, Conner, Cox, Critcher, Crossland, Dodds, Dox, Du Bose, Duke, Eldredge, S. Ely, Getz, Giddings, E. Hale, Hancock, Handley, Hanks, Harper, G. E. Harris, J. T. Harris, Hereford, Herndon, Hibbard, Hill, Hooper, Kerr, King, Lamison, Leach, J. H. Lewis, J. Lynch, Manson, Marshall, McClelland, McIntyre, Mc Kinney, Mc Neely, Merrick, B. F. Meyers, Mitchell, Morgan, S. L. Niblack, W. E. Niblack, H. W. Parker, E. Perry, Peters, Poland, Potter, Rainey, Randall, Read, E. Y. Rice, J. M. Rice, Ritchie, W. R. Roberts, J. C. Robinson, J. Rogers, S. H. Rogers, Sargent, Sawyer, Scofield, H. Sherwood, Shober, Slater, Slocum, Sloss, R. M. Speer, B. N. Stevens, Storm, Swann, Taffe, Turner, Tuthill, Upson, Van Trump, Voorhees, Waddell, Warren, C. W. Willard, Winchester, P. M. P. Young-98.

FORTY-THIRD CONGRESS, FIRST SESSION. 1874, January 20-Mr. MCCRARY, from the Committee on Railways and Canals, reported H. R. 1385, a bill "to regulate commerce by railroad among the several States;" which was ordered printed and recommitted.

February 26-It was reported back with

amendments.

March 25-After debate, the previous question was seconded-yeas 100, nays 49, and the main question ordered-yeas 129, nays 95.

Mr. NIBLACK moved that the bill be laid on the table.

Mr. ELDREDGE moved that the House adjourn; which was disagreed to-yeas 92, nays 129.

The question recurring on the amendments of the committee, all those in the body of the bill, being verbal, were regarded as concurred in, and the remaining amendment, to add a new section, (sec. 15,) was then agreed to, so that the bill as amended read as follows:

That each and every line of railroad extending into or through two or more States, and employed in carrying freight or passengers between points or places in different States, and whether owned and operated by one company, corporation, or person, and known by one name, or owned and operated by several companies, corporations, or persons, and known by several different names, shall be regarded as employed

SEC. 2. That no such company, corporation, or person, so engaged in operating a line of railroad into or through two or more States as aforesaid shall charge, collect, demand, or receive more than a fair and reasonable rate of toll or comkind, or of passengers, or for the use or transportation of any railroad-car upon its track, loaded, or unloaded, between places in different States. Such reasonable rate of toll or compensation shall be ascertained and fixed in the manner hereinafter provided. And for each and every violation of this act, by charging, collecting, demanding, or receiving more than such reasonable rate, the company, corporation, person, or persons so offending shall be jointly and severally liable for extortion, as hereinafter provided.

SEC. 3. That there shall be appointed by the President, by and with the advice and consent of the Senate, a board of railroad commissioners, which shall consist of nine members, one of whom shall be selected from, and be a resident of, each of the judicial circuits of the United States. Said board shall be composed of disinterested persons, and no person shall be a member thereof who is in any manner interested in the stock, bonds, or property of any railroad or other transportation company; and the duties of said board shall be as hereinafter provided.

SEC. 4. That the members of said board shall hold their offices for a term of six years, and until their successors are appointed and qualified, unless sooner removed by the President; and they shall receive, as full compensation for their services, the sum of four thousand dollars per annum each, and their actual and necessary travelling expenses, to be stated under oath, and audited as the Secretary of the Treasury may direct. At the first meeting of the board after their appointment, they shall divide themselves, by lot, into three classes. The members of the first class shall continue for two years; of the second class, for four years; of the third class, for six years; so that one-third may be appointed every second year; and whenever vacancies shall occur in said board, the President, by and with the advice and consent of the Senate, shall fill such vacancies by appointment for the unexpired portion of said term.

SEC. 5. That said board of railroad commissioners shall institute a thorough investigation and inquiry into the rates of toll and compensation charged for transporting freights and passengers over each of such lines of railroad as are herein described and designated, and into the reasonableness thereof: and shall, as soon as practicable after such investigation and inquiry, prepare for the owners and operators of each of such lines (except such as may be omitted as hereinafter provided) a separate schedule of reasonable maximum rates of charges for the transportation of passengers and freight and cars, loaded or unloaded, on or over said lines

gation, be of the opinion that the charges of any one of the lines of railway described herein are already fair and reasonable, they may, in their discretion, omit to prepare a schedule for such line; but such omission shall only continue so long as the charges on such line shall continue to be fair and reasonable.

SEC. 6. That said board of railroad commissioners may sit at such place or places as they may see fit, and a majority of the members thereof shall constitute a quorum. A sub-committee of said board, of not less than three members, may sit for the purpose of taking testimony and making investigations under this act, and when so sitting such sub-committee shall have all the powers of said board in relation to taking testimony, administering oaths, issuing process, and compelling obedience thereto. Said board may also, at any time, depute any one of their number to take depositions, to be read in evi

have the same power to summon and examine witnesses and administer oaths as are herein given to the whole board. Persons duly summoned, who shall fail to appear or testify, or to produce any books, papers, or records in their possession when required, before such member, shall be liable to be proceeded against in the same way, and to the same penalties as are herein provided for failure or refusal to appear or testify, or to produce papers, records, or books, before the whole board."

respectively. Said schedule shall be duly authen- | or class: Provided, That if said board of railroad ticated by said board of commissioners, shall be commissioners shall, after inquiry and investiprinted and kept posted up in each of the offices and depots of such railroad company, corporation, or person. Each commissioner shall certify under his hand a printed or written copy of every schedule, and of every amendment to or revision of any schedule affecting any line of railroad extending into his circuit, and cause the same to be filed in the office of the clerk of the circuit court for his circuit as soon as possible after the completion of such schedule, or of such amendment or revision; and such official copy, when so filed, shall be received and held in all courts as conclusive evidence of said schedules, whether original, amended, or revised, and of all things therein contained. Copies of the same duly certified, from said circuit clerk's office, shall be received and read as evidence on any trial, in any court, to the same extent as the original on file. And from and after the filing of such original, amended, or revised schedules in the clerk's office, the railroad companies, and all others in-dence at any hearing before the board, who shall terested therein, shall be deemed affected by notice thereof, and of the contents of the same. For the purpose of prosecuting any investigation under this act, and for the purpose of ascertaining and fixing such reasonable maximum rates of charges, the said board shall have the power to administer oaths, to take the testimony of witnesses, to send for persons and papers, and to require the production before them of books, records, and papers, and for this purpose they may issue process, which shall be served by any marshal or deputy marshal of the United States. And in case any person summoned to appear as a witness before said board shall fail or refuse to appear, or if any person required by said board to produce before them any books, records, or papers in his possession, shall fail or refuse to produce the same, it shall be the duty of the board forthwith to report the facts to the nearest judge of the district or circuit court of the United States, who shall hear the matter summarily, whether in term time or vacation, and shall make such order in the premises as may be deemed proper to compel such person to appear before said board, and answer all proper questions, and produce all papers, books, or records in his possession required by said board to be by him produced, and which, in the judgment of the court, are proper evidence to be considered by said board; and such judge may enforce his orders and punish disobedience thereto as in cases of contempt. Said commissioners may, from time to time, and so often as circumstances may require, change and revise said schedules, and shall give notice of such changes or revisions in the same manner as hereinbefore provided. The schedules aforesaid shall not be deemed invalid on account of any failure of the commissioners preparing the same to include therein all and every article or class of freight, but shall be held to be good and valid as to all articles or classes which are included or embraced therein; but it shall be the duty of such commissioners, whenever it comes to their knowledge that any article or class of freight has been omitted from any such schedule, to amend the same as soon as practicable by adding any such omitted articles

SEC. 7. That said board of railroad commissioners shall be authorized to employ a secretary, who shall be paid an annual salary of three thousand dollars, to be paid as other salaries; and they shall also choose their president, and may adopt such rules and regulations for the government of their proceedings, not inconsistent with this act, as they may see fit. Witnesses, summoned to appear and testify before said board, who are not officers or agents of any railroad company concerned in the investigation, shall be allowed and paid the same fees as witnesses when summoned to appear and testify before the courts of the United States; said fees to be certified by the president and secretary of the board, and audited and paid as the Secretary of the Interior may direct: Provided, That no witness shall be summoned from a place outside of the district in which the board or sub-committee may be sitting, unless the distance be less than one hundred miles.

SEC. 8. That any corporation, company, or person being engaged in the operation of any line of railroad into or through two or more States or parts of States as aforesaid, who shall, after such schedule shall have taken effect in relation thereto, be guilty of extortion by charging, collecting, demanding, or receiving more than a reasonable rate of toll or compensation for the transportation of freight, passengers, or cars over or upon any such line, shall forfeit and pay for each offense a sum of not less than five hundred nor more than five thousand dollars, to be recovered by action to be brought in the name of the United States in any district or circuit court of the United States, or, if in a Ter

provisions of this act, and liable for any violation thereof. And in all cases where several lines of railway are united or connected together, and engaged in carrying freight or passengers into or through two or more States, by a continuous route, whether under one management or not, it shall not be lawful for them or any of them to evade the operation of this act by any form of contract designed for that purpose; and it shall be competent, in all suits brought under this act, to show that the defendant was in fact, when the alleged extortion occurred, engaged in operating a part of a continuous line of inter-State commerce; and upon such fact being made to appear, such defendant shall be held subject to the provisions of this act, whatever the character or form of the contract between such defendant and the shipper may have been.

ritory, in any district court of the United States | panies, and corporations shall be bound by the therein, in the form of an action of debt, or by such other form of action as may be provided by the law of the State in which such action is brought in like cases; and it shall be the duty of the district attorney for the proper district to institute and prosecute all suits for the recovery of the penalty aforesaid; and the corporation, company, or person being guilty of such extor tion shall also be liable to the party injured thereby for the damages caused by such extor: tion, including a reasonable sum for attorneys' fees, to be fixed by the court trying the case, which such injured party may recover by action in his own name in either of the courts aforesaid; and the form of the action may be the same as in case of a suit to recover the penalty as hereinbefore provided. Either party to any action brought under the provisions of this act shall have the right to a trial by jury, and in any action instituted under the provisions of this act, whether it be a suit to recover the penalty aforesaid or a suit by the party injured to recover damages as aforesaid, any number of separate and distinct violations of the provisions of this act may be stated separately in separate counts, and a recovery may be had upon each. If, upon the trial of any such suit, brought either to recover said penalty or to recover damages as aforesaid, it shall be made to appear that the defendant has charged, collected, demanded, or received, for the transportation of freight or passengers or cars, a rate of toll or compensation greater than that fixed by the schedule aforesaid, then, and in that case, such defendant shall be deemed and held guilty of extortion, and liable therefor, unless such defendant shall show affirmatively that the rate charged, collected, demanded, or received for such transportation was nevertheless fair and reasonable: Provided, That nothing in this act contained shall be deemed and taken to diminish or take away any common-law right of action on the part of individuals aggrieved against such railroad corporation or common carriers, or any action taken in the matter by any State so far as regards commerce within the control of such State.

SEC. 9. That the provisions of this act shall apply to all persons, firms, companies, or associations, whether incorporated or not, who are or may be engaged as carriers of freight and passengers, or in carrying freight only, or in carrying passengers only, upon any lines of railway extending into or through two or more States; but this act shall not be construed as extending to or affecting such commerce as is actually, and in good faith, completely internal within any one of the several States. Each of the schedules of charges herein provided shall take effect from and after thirty days from the date of its being filed in the clerk's office as aforesaid.

SEC. 11. That it shall be the duty of said railroad commissioners to personally investigate and ascertain whether the provisions of this act are violated by any corporations, companies, or persons engaged in the business of transportation as aforesaid; and for the purpose of making such investigations they shall have all the powers conferred upon them by section five of this act; and whenever the facts in any manner ascertained shall, in their judgment, warrant a prosecution, it shall be the duty of said commissioners to cause suit to be commenced and prosecuted against the offending party or parties, to recover the penalties provided by this act in such cases. And the several district attorneys shall, whenever informed in any way that this act has been violated, institute the necessary proceedings for enforcing the penalties herein provided. Suits brought under this act may be commenced in any district through or into which the line of the corporation, company, or person sued may extend; and service of process may be made upon any agent or officer of such corporation, company, or person within such district.

SEC. 12. That each and every provision of this act shall apply to lines of railroad within the Territories of the United States, and to all lines extending from a place in one of the States to a place within any one of such Territories, and to any and all corporations, companies, or persons engaged in the operation of any such lines, to the same extent and in the same manner, as to such lines, as may extend from a place in one State to a place in another State.

SEC. 13. That the railroad commissioners aforesaid shall, before entering upon the discharge of their duties, severally take and subscribe an oath or affirmation that they will honestly, faithfully, and impartially discharge the duties of said office; which oath shall be filed in the office of the Seeretary of the Interior. In case of voluntary collusion on the part of said commissioners or either of them with any railroad company or SEC. 10. That in all cases where two or more other party, to delay, defeat, or hinder the proper persons, companies, or corporations unite to-enforcement of this act, or willful negligence to gether for the purpose of transporting freight or passengers over several lines of railroad from a place in one State to a place in another State, the several lines thus operated together shall be treated, for all the purposes of this act, as one line; and each and every of such persons, com

perform any duties required thereby, proceedings shall be at once commenced by indictment, at the instance of the United States attorney for the proper district, in any circuit court of the United States where the offense may have been committed, for malfeasance in office; and on con

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