6, ante, § 889, was, by that section, to have and exercise, in order to accomplish the purposes declared in the section, in respect to corporations, etc., engaged in commerce among the several States and with foreign nations, excepting common carriers subject to this act, the same power and authority as is conferred on the Interstate Commerce Commission in this act and the amendments thereto in respect to common carriers, so far as the same may be applicable. And by further provisions of said section referred to above, it was made the province and duty of said Bureau of Corporations to gather, compile, etc., useful information concerning corporations doing business within the United States engaged in interstate commerce or in commerce between the United States and any foreign country, including corporations engaged in insurance.

The Interstate Commerce Commission was authorized and required to inquire, investigate, and report to Congress, or the President, as to the ownership by railroads of coal or oil lands, or coal or oil transported by them, or coal or oil traffic, etc., by Joint Res. March 7, 1906, No. 8, 34 Stat. 823, and for the purpose of making such investigation the Commission was given the same power and authority to administer oaths, to subpoena and compel the attendance and testimony of witnesses and the production of documentary evidence, etc., which was given it by the Interstate Commerce Act of Feb. 4, 1887, c. 104, and all acts amendatory thereof or supplementary thereto, and all the requirements, obligations, liabilities, and immunities imposed or conferred by said Act Feb. 4, 1887, c. 104, etc., were made applicable to persons testifying in such investigations, by Joint Res. March 21, 1906, No. 11, 34 Stat. 824.

§ 8577. (Act Feb. 11, 1893, c. 83.) Self-criminating testimony; protection from prosecution; perjury; refusal to testify; penalty. No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpœna be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the act of Congress, entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than one hundred dollars nor more than five thou

sand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment. (27 Stat. 443.)

This was an act entitled as an act in relation to testimony before the Interstate Commerce Commission, and in cases or proceedings under or connected with the Interstate Commerce Act and amendments thereto.

This act superseded in part section 12 of Interstate Commerce Act Feb. 4, 1887, c. 104, as amended by Act March 2, 1889, c. 382, § 3, and by Act Feb. 10, 1891, c. 129, ante, § 8576.

Subsequent provisions relating to incriminating testimony, similar to those of this act, applicable not only to prosecutions under the Interstate Commerce Act, but also to prosecutions under the Sherman Anti-Trust Act of July 2, 1890, c. 647, post, §§ 8820-8823, were made by Act Feb. 25, 1903, c. 755, § 1, post, § 8578.

All existing laws relating to attendance of witnesses, production of evidence, and compelling of testimony, under the Interstate Commerce Act of Feb. 4, 1887, c. 104, and all acts amendatory thereof, were made applicable to proceedings under the Hepburn amendatory act of June 29, 1906, c. 3591, by section 9 thereof, post, § 8579.

The immunity provisions of this act were to extend only to natural persons who, in obedience to a subpoena, give testimony or produce evidence under oath, by Act June 30, 1906, c. 3920, post, § 8580.

§ 8578. (Act Feb. 25, 1903, c. 755, § 1.) Appropriation for enforcement of anti-trust and interstate commerce laws; exemptions from prosecutions of persons giving testimony; prosecutions for perjury in giving testimony.

For the enforcement of the provisions of the Act entitled “An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supplemental thereto, and of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, and all Acts amendatory thereof or supplemental thereto, and sections seventy-three, seventy-four, seventy-five, and seventy-six of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and other purposes," approved August twenty-seventh, eighteen hundred and ninety-four, the sum of five hundred thousand dollars, to be immediately available, is hereby appropriated, out of any money in the Treasury not heretofore appropriated, to be expended under the direction of the Attorney-General in the employment of special counsel and agents of the Department of Justice to conduct proceedings, suits, and prosecutions under said Acts in the courts of the United States: Provided, That no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said Acts: Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying. (32 Stat. 904.)

These were provisions of the legislative, executive, and judicial appropriation act for the fiscal year 1904, cited above.

The acts mentioned in these provisions are the Interstate Commerce Act of Feb. 4, 1887, c. 104, set forth in this chapter, as specifically amended by subsequent acts; the Sherman Anti-Trust Act of July 2, 1890, c. 647, set forth post,

§§ 8820-8823; and the Wilson Tariff Act of Aug. 27, 1894, c. 349, §§ 73-77, set forth post, §§ 8831-8835.

The balance of the appropriation made by this act was continued available during subsequent fiscal years, and additional appropriations were made for the same purposes, by the sundry civil appropriation act for subsequent years.

An appropriation for the Department of Justice, for expenses of representing the Government in all matters arising under the Interstate Commerce Act, as amended, to be expended under the direction of the Attorney General, was made by the sundry civil appropriation act for the fiscal year 1914, Act June 23, 1913, c. 3, 38 Stat. 53.

All existing laws relating to attendance of witnesses, production of evidence, and compelling of testimony, under the Interstate Commerce Act of Feb. 4. 1887, c. 104, and all acts amendatory thereof, were made applicable to proceedings under the Hepburn amendatory act of June 29, 1906, c. 3591, by section 9 of said act, post, § 8579.

The immunity provisions of this act were to extend only to natural persons, who, in obedience to a subpoena, should give testimony or produce evidence under oath, by Act June 30, 1906, c. 3920, post, § 8580.

§ 8579. (Act June 29, 1906, c. 3591, § 9.) Application of previous laws relating to attendance of witnesses, etc., under acts to regulate commerce, to proceedings, etc., under this act.

All existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act. (34 Stat. 595.)

This section was part of the Hepburn Interstate Commerce Act of June 29, 1906, c. 3591, cited above, which was entitled an act to amend the Interstate Commerce Act of Feb. 4, 1887, and all acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission.

The sections of said act preceding this section, sections 1-8 thereof, specifically amend certain sections of said Interstate Commerce Act or add new sections to that act, and are incorporated therewith, as set forth in this chapter. Section 10 of this act repealed all laws and parts of laws in conflict with the act; but provided that the amendments should not affect causes pending in courts of the United States at the time of the passage of the act; but that such causes should be prosecuted to a conclusion in the manner theretofore prescribed by law.

Section 11 of this act provided that the act should take effect and be in force from and after its passage, which was superseded by Res. June 30, 1906, No. 47, 34 Stat. 838, which provided that the act should take effect and be in force sixty days after its approval by the President.

Previous provisions relating to attendance of witnesses, production of evidence, and compelling of testimony under the acts to regulate commerce mentioned in this section, were made by the Interstate Commerce Act of Feb. 4, 1887, c. 104, § 12, ante, § 8576, Act Feb. 11, 1893, c. 83, ante, § 8577, Act Feb. 19, 1903, c. 708, § 3, post, § 8599, and Act Feb. 25, 1903, c. 755, § 1, ante, § 8578.

A subsequent provision limiting the right of immunity of witnesses under those acts to natural persons, was made by Act June 30, 1906, c. 3920, post, § 8580.

§ 8580. (Act June 30, 1906, c. 3920.) Immunity to witnesses in proceedings under interstate commerce and anti-trust laws to extend only to natural persons giving testimony or producing evidence, in obedience to subpoena, under oath.

Under the immunity provisions in the Act entitled "An Act in relation to testimony before the Interstate Commerce Commission,"

and so forth, approved February eleventh, eighteen hundred and ninety-three, in section six of the Act entitled "An Act to establish the Department of Commerce and Labor," approved February fourteenth, nineteen hundred and three, and in the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and in the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes," approved February twenty-fifth, nineteen hundred and three, immunity shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. (34 Stat. 798.)

This was an act entitled as defining the right of immunity of witnesses under certain specified acts, which are mentioned also in the text thereof.

Act Feb. 11, 1893, c. 83, mentioned in this act, is set forth ante, § 8577. Act. Feb. 14, 1903, c. 552, § 6, also mentioned in this act, is set forth, ante, $ 889.

The Elkins Act of Feb. 19, 1903, c. 708, also mentioned in this act, is set forth post, §§ 8597-8599.

Act Feb. 25, 1903, c. 755, § 1, also mentioned in this act, is set forth ante, § 8578.

See notes to Interstate Commerce Act, § 12, ante, § 8576; Act Feb. 11, 1893, c. 83, ante, § 8577; Act Feb. 25, 1903, c. 755, § 1, ante, § 8578; Act June 29, 1906, c. 3591, § 9, ante, § 8579.

§ 8581. (Act Feb. 4, 1887, c. 104, § 13, as amended, Act June 18, 1910, c. 309, § 11.) (1) Complaint to Commission of violation of law by carrier; statement thereof to carrier; reparation; investigation by Commission.

Any person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization, or any body politic or municipal organization, or any common carrier, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this Act, in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the facts; whereupon a statement of the complaint thus made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing, 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, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating 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.

(2) Complaint to Commission by State Railroad Commission; inquiry by Commission on its own motion, and proceedings and powers of Commission thereon; absence of direct damage to complainant not ground for dismissal.

Said commission shall, in like manner and with the same authority and powers, investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory at the request of such commissioner or commission, and the Interstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before said commission by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. And the said commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this Act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (24 Stat. 383. 36 Stat. 550.)

This section, as originally enacted, was as follows:

"Any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing 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 specified, or there shall appear to be any reasonable ground for investigating 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 forwarded by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, 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."

It was amended by Act June 18, 1910, c. 309, § 11, cited above, to read as set forth here.

§ 8582. (Act Feb. 4, 1887, c. 104, § 14, as amended, Act March 2, 1889, c. 382, § 4, and Act June 29, 1906, c. 3591, § 3.) (1) Reports of investigations by the Commission; requisites and contents thereof.

Whenever an investigation shall be made by said Commission,