Page:United States Statutes at Large Volume 44 Part 1.djvu/1689

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1675 ” " _ ·· TITLE 49.-1*12.41v, juagéto sit with said judges and to assist in detérini’ning·Snid S4 cause. Such order of the Chic! Justice shall be immediately of: tmnsrnitted to the Clerk the district court in which said u cause is pending, and shall be entered upon the minutes of said. o court. Thereupon said cause shall at once be sct.d0v£*n:.for re-‘ i1 argument and—.the`pa1—ties, thexieto noniiied iwwriting by the te alaska of said conrtcof the action of the cconrt and the date p sgml for the reargmnent-thereof._ (Feb. 11, 1903, c._544,‘ §_`1,_ ‘f; 32 Stat. 823;’Jnne ·25,'1910, 0.,428, 36 Stat. $54; Mar. 3, 1911, tl _ (:,231, § 291, 36 Stat;_1l67.)”“ .. ‘ i‘ ` ~_ ~ · .1, `45. Appeals to Supxjcme. Court.--In. every suit in equity so `bj'€)llgi1t·»iIl any district `conrt of the "United States under any te of the laws mentioned in the preceding section, wherein the vp United States is complainant,. an appeal from the iinal decfee o of the district court will lie only to the Supreme Court and g must. be taken ·within_ sixty days from the enti·y -than-:of._ b (Feb. 11, -1903, c. 544, 5 2, 32 Stat. 823; Man. 3, 1911, c. 231, b § 291, 36 s—a».¢.‘ 1167.) __° ._ We ‘ z i ; f· ·S i 46. Selfwrinninatjng testimony; perjury}-refusal to testify.-4 - No pcrmn shall no excused from attending and testifying or' .d . from producing books, papers, tarids, contracts, agreements, and j· - ‘(l0{?l1B3€11tQS.b€foiY€' the Interstate Commerce (lomrnission, or in v , obedience to the subocéna *01. the commission, whether - such C subpoena be signed or issued by ORB-__01' more commissioners, D or in any cause or proceeding, _ criminal or otherwise, based I1 upon or growing out of- any alleged violation of the p;·eccding· C chapter on the ground or for the reason that the testimony S or evidence, documentary or otherwise, required of him, may 11 ‘ tend to criminatc him or subject him to a penalty or forfeiture. is But no person shall beprosecutcd or subjected to any penalty ‘e yor forfeiture for of on account of any transaction, matter or `c thing, concerning which he may testify, or prodnceevidence, 1; doicunxcntary or othegwise, before said commission, or inllobe-` ‘e dionce to its subpoena, or the subpoena of either of them, or i1 inlanysnch caseor proceeding: Provided, That no person so 11 testifying (shall ne excmptfrom Fprosecntion and punishment .C forqwerjnry committed in so testifying. Any person who shall p neglect or refuse to attend and testify, mj to answer any law-, C ful inquiry, or to producef books, papers, tariifs, contracts; 2 anrooxnents, and documents, if in his power to doiso, in obe-_ dicnce to the subpoena on lawful requirement of the comrnis- d sion shall he guilty ofan oiense and nponconviction thereof 1‘· Thy a const of competent jurisdiction shall..be punished by fine 8- not less than $1(i0 nor more than $5,000, of by imprisonment 11 for not more thanaone year or by -l1oth· such Hue and `imprison— 9 ment. (Feb. 11, 1@3,.c. 83,27 Stat. 443.)/. f l [ Z o 47. lnmmnity of witness from prosecution; -i>erjury.—-;No p person shall be prosecuted or nbc subjected to, anypenalty or s: forfeitme for or- on account of”`any' transaction, matter, or il thing eonccijning which he may testify or produce evidence, ·V documentary or ·otherwlse, in any proceeding, suit, or ·prosecu— e ‘tio;n‘1unde1.· the preceding chapter or any law amendatogy -S· thereof or supplemental thereto: Provided, Q.That no `person 6 aoteatifying shall be exexnptfrom prosecution or pun“ishxnent· ( for pexfjpry committed in fao testifying. it (Feb. 25, 1903, tc. -755,_§ 1, 32 Stat. 904.) t , ° , · ‘ · . = YP 48. Immunity extended to natural persona only.-+-Under the 1*= immunity provisions in sections 43, 46,* and 47·lmn1nnity shall 01 extend only to a natural person, who; in obedience to a` sub-‘ E poenii, gives testimony undeti oath or produces eyidence, docu- a xncntary or otherwise, under oath. (June 30, 1906, c. 3920, p 34 Stat. 798.) ·· . . I . _ , _ _» at 49. Mandaxnna to obtain equal facilities for shippers.-Q-———The a district courts of the United States snainanak-e jurisdiction upon a the relation of any person or persons, 'HI‘ll'l,~01°.C01’[>0I’8ti0I1, al-' a leglng anch violation by ai common carrie1·, of any of the pz·o~` vs visions ot the preceding chapter;. as prevents the relator from a having interstatetrawc moved by said common carrie; at the p‘

srozzmriozv _ " § 52 I same. rates ae ere chzirgml, 01"ll]}0I}.,’t€1`I§lS or conditions as a.v0l‘oble·as,` those given by Said comuiou carrier for like traill<e n_der similer conditiomyto ehy other- shipper, to issue & Writ ;. r write of mendemus egai11st said common carrier; commandag such. common carrier to above and transport the tratfie, or o furnish cars or other facilities for f£’&IlS]“>0ft3tiOi1'fOT the _ Arty applying for the writ: P}·orided,:Thet if any question of act as to the proper compensation to the g$¢mr1¤1cs;1‘c·arrier for/’ he service t0. bé enforeed- by the writ is·raisetl by the blemi- ¤gs,; the writ of peremptory 1l“ll]llld{1II1llS maywissue, xxotxyith- . tahding such Jquestion of l fact is 1l}1d€l£I`HlfH(}d,_ upon such arms as to secu‘rity,” payment of —money into the coixrt, or otherwise, as the court may thixik proper, penclingthe determf1mtion-· f the question of fact: Provided, That the remedy hereby iven byéwrft of mammmue §1jallrl»e§c11`mulatisre, and shell not »e held to exclude or interfere with other remedies provided »y the"prece<1lng chepterf (Mar. 1889, c. 382, § 10, 25 ltett 862,), T _' ‘· ;= ‘- [ ‘ 50, Agent in Washington for serviee; service in defaplt dof iesignatio11.-—5It__shalI be theduty of every véommon cerrier~‘si1l>- ect to the provisions of the preceding chapter, to designetejn vritlng an ageixt in the city of Washington, District, of Iolqmbie, ixpon whom service of all i1otices`eud"preeesses me/y e made for 1;lI1d`0I) behalf of said tcommon barrier in any _» moceeding or suit pending before the Interstate cgomuieme Iomruissiou and to file such designetioir in the ofliee of the ecretary of the Interstate Commerce Commission, which desig— lafiop may; from time to time be changed by like writing lmi1ar1y·filed”; and thereupon service of all xqlotieesmxd proosses··may .be made upon suehjeomximon carrier by leaving e cpy tlrereof with such designated agent at his otHee er lsual place of residence ir}; the city of “!&Sh_iBgt0D,· yvith like 5’ect°as if-made persoeellyupon such commonjeerrier, and .· y_

1 default of such designation of such egeuté service of any . L

ootice or other processrlix any proceeding before sei;} Interstate _ Jommerce Commission may be made by Iiostiug such notice or {recess in the~office of the secretary of the Interstate Cosmxerce lommission. (June 18, 1910; e. 309, § 6, 36 Stat. 544; 2,` 1913,_‘c._32, 38 Stat. 219.) _ —~ · _ 51. Proceedings relating to rei! and water routes; or- Lers.j—P~·The ‘0rders_ of the Interstate `C»omme_rce` Corgxmission ele.ting.to paragraphs 10, 11 and 12 of secti‘o1{.5‘of this title nd paragraphd.3 ofcsection 6 of this titleshell only be made lpon formal complaint or in proceedings instituted by the ommission ot. its own motion ond after full hearing. The rders provldedjor in poregraphs.11 and 12 of section 5 and aregraph 13 of section 6 ot this title shell be served in the nme manner and enforced by the seme penalties end proceed; rags as are_the ordersof the commission made under the pro- * isions of sectioxi 15 of the preceding chapter, end they may be _ onditioned'1‘or the payment of eny· sum or the givingf of ecurity for the payment of any sum or the ¢;lisehergeY of any bligetion which may be required by the terms of said orderc Aug. 24,11.912; c. 390, 5 11, 37 Stat. 568.) · _ so 522 Railroads to serve employees in valuation work; com-x ernsstion.-i~—It shell be the °dt1ty· of every common carrier by — eilroad whose property is lbeing, valued tmder section 19a I 3the preceding chapter to tmpsport the eugiheers, Held arties, end other employees of the United States who are eetus lly ergeged in msklng surveys and other exesnihstion of the hysiesl property of seid cm·1e»“ necessary to execute said eetlou from point to poiiat ou said railroad-os may be reasonbly required by them in tire actual disolterge of their dtrties; nd; also, to move from point to point eml store at such points s may be ree.sonaL~1y required the cers of the Unhitecl States fhieh are being ixsetl, to house and molntaixx said employees; nd, also, to carry the supplies xxeeessery to maintain said em- , loyees 8.Il.(Ql`__t11B_()(ll(%l.‘ property of the United S{&t€S"_3CYllHllY