Page:United States Statutes at Large Volume 34 Part 1.djvu/618

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588 FIFTY-NINTH CONGRESS. Sess. I. C11. 3591. 1906. _ receive any rebate, concession, or discrimination in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the . Acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs ublished and filed by such carrier, as is required by said Act to reguilate commerce and the Acts amendatory thereof, or whereby P°"**'Y· any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowmglly, ofer, gmnt, or give, or solicit, accept, or receive any such re tes, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be unished by a fine of not less than one thousand dollars nor more than twenty thousand $$5mt ,44. dollars: Provided, That any person, or any officer or director of any °‘*- corporation subject to the provisions of this Act, or the Act to regulate commerce and the Acts amendatory thereof, or any receiver, trustee, lessee, a nt, or person acting for or employed by any such corporation, who shahabe convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the P"’”"“°°'“‘ discretion of the court. . Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed, or throu h which the transportation may have been conducted; and whenever the offense is be in one jurisdiction and completed in another it may be dealt withluinquired of, tried, determined? and unished in either juyisldiction in tha same manner as if the offense had) been actually and ‘ w o y committe therein. wxh ·<=**°* ‘fIn construing and enforcixiag the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier, or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well as that of ,,3¤°r5¤gé¤;¤_1;g¤;g>¤esg? the person. Whenever any carrier files with the Interstate Commerce Commission or publishes a particular rate under the provisions of the Act to regulate commerce or Acts amendatory thereof, or participates in any rates so filed or published, that rate as against such carrier, its officers or agents, in any prosecution begun under this Act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an oifense under this section of this Act. ,,,§°}',j,‘j{,}°,‘,,Y_}°§*,{j "Any person, corporation, or company who shall deliver property rim- for interstate transportation to any common carrier, subject to the provisions of this Act, or for whom as consignor or consignee, any such carrier shall transport property from one State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or foreign country, who shall knowingly by emplovee, agent, officer, or otherwise, d1rectly or indirectly, by or through `any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset minst the regular charges for trans rtation of such property, as fixed by the schedules of rates providiji for in this Act, A¤¤i¤¤¤·l ¤¤¤· shall in addition to any penalty provided by this Act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of an * other consideration so received or accepted, to be ascertained by the trial €¤*¤·¤*¤¤¤¤¤¤v·=¢· court; and the Attorney—Genera of the United States is authorized and directed, whenever he has reasonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other