If upon a rehearing of a case before the Interstate Commerce Commission, additional evidence warrants a finding contrary to what appeared and was found in the original hearing, the former order may be vacated. Bates v. Pennsylvania R. R., 3 Int. Com. Rep. 296, 4 I. C. C. 281 (1890).

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The general principle upon which petitions for rehearing would be dealt with was stated by the Commission in the first case of the sort, Riddle v. Pittsburgh & L. E. R. R., 1 Int. Com. Rep. 773, 1 I. C. C. 490 (1888), as follows: When we have patiently and laboriously sifted out all the material facts necessary to fairly and justly present the merits of the controversy, with our conclusions thereon, we have done all that the statute authorizes or requires us to do. The statute deals with the substance of things, and contemplates, as far as this is possible, methods of procedure that are speedy and which come at once to the very right of questions arising in the transportation of persons and freight; and while in its administration we will always cheerfully and carefully examine and consider all applications for rehearings by a party to any proceeding decided by us who will point out any errors he may think we may have committed, either of law or fact, with a view to their prompt correction, if found to exist, yet we will not in any proceeding direct a rehearing involving the expense to parties of appearing before us for a reargument of the case and the further consumption of time on our part, which belongs to the public unless satisfied that such reargument might have the effect of changing the result of what we have already done."

§ 1088. Form and requisites of petition for rehearing.

After a case has been decided by the Interstate Commerce Commission, a petition to open it for further testimony and a rehearing should be verified, and should indicate the nature of the new testimony and its purpose; and although technical rules of procedure are not insisted on, and equitable considerations largely enter into the question of rates, such an informal application would not of itself be considered. But when a question of general public interest is involved, the Commission, in its own discretion and in furtherance of justice, may open a case to give parties the benefit of a more extended investigation of the same subject matter; and this was done in a case where other parties in the same business had filed. similar petitions, and the question was to be thoroughly reconsidered in connection with these other petitions. Rice v. Western N. Y. & P. R. R.,. 2 Int. Com. Rep. 496, 3 I. C. C. 87 (1889).

A petition or motion for rehearing cannot be granted on mere allegation of error in the findings of fact; and such a petition or motion must be supported by proof of new facts or by specifically pointing out facts already in evidence showing prima facie at least that there was such error. Proctor v. Cincinnati, H. & D. R. Ry., 3 Int. Com. Rep. 374, 4 I. C. C. 87 (1890).

CHAPTER XXXV.

JUDICIAL REMEDIES.

§ 1091. Provisions of the statute.

1092. Amendments of 1906.

1093. Jurisdiction and general principles.

1094. Remedy in equity.

1095. Mandamus.

1096. Action for damages.

1097. Criminal prosecution.

1098. Procedure under the Elkins act.

1099. Enforcement of order of the Commission.

8 1091. Provisions of the statute.

Action for damages.-That in case any common carrier subject to the provisions 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.

That any person or persons claiming to be damaged by any common carrier subject to the provisions of this Act may either 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 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. (Interstate Commerce Act, sections 8 and 9.)

Criminal clauses.-Sec. 10. That any common carrier subject to the provisions of this act, or whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person, acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall wilfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof in any district court of the United States, within the jurisdiction of which such offence was committed, be subject to a fine of not to exceed five thousand dollars for each offence:

Provided, That if the offence for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges, for the transportation of passengers or

property, such person shall, in addition to the fine hereinbefore 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 discretion of the court.

Any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any officer or agent thereof, or any person acting for or employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and wilfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offence was committed, be subject to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offence.

Any person and any officer or agent of any corporation or company who shall deliver property for 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, who shall knowingly and wilfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offence was committed, be subject for each offence

to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court.

If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or other thing of value, solicitation or otherwise, induce any common carrier subject to the provisions of this act, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation. of property, or shall aid or abet any common carrier in any such unjust discrimination, such person, or such officer or agent of such corporation or company, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offence was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offence; and such person, corporation, or company shall, also, together with said common carrier, be liable, jointly, or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom.

[Interstate Commerce Act, section 10, as amended by section 2, act of March 2, 1889.]

Corporation liable: penalties.-That anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the acts amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said acts or under this Act, shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said acts or by this Act with reference to such persons, except