Interstate Commerce Act (1887)
Citation: Act of February 4, 1887 (Interstate Commerce Act), Public Law 49-41, February 4, 1887; Enrolled Acts and Resolutions of Congress, 1789-; General Records of the United States Government, 1778 - 1992; Record Group 11; National Archives.
引用:1887 年 2 月 4 日法案(州际商业法案),1887 年 2 月 4 日公法 49-41;国会登记法案和决议,1789 年-;美国政府总记录,1778 年至 1992 年;记录组11;国家档案馆。
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Approved on February 4, 1887, the Interstate Commerce Act created an Interstate Commerce Commission to oversee the conduct of the railroad industry.
1887 年 2 月 4 日批准的《州际商业法》设立了州际商业委员会来监督铁路行业的行为。
With this act, the railroads became the first industry subject to Federal regulation.
通过该法案,铁路成为第一个受联邦监管的行业。
In 1887 Congress passed the Interstate Commerce Act, making the railroads the first industry subject to federal regulation.
1887 年,国会通过了《州际商业法》,使铁路成为第一个受联邦监管的行业。
Congress passed the law largely in response to decades of public demand that railroad operations be regulated.
国会通过这项法律主要是为了回应公众几十年来对铁路运营进行监管的要求。
The act also established a five-member enforcement board known as the Interstate Commerce Commission.
该法案还设立了一个由五名成员组成的执行委员会,称为州际商业委员会。
In the years following the Civil War, railroads were privately owned and entirely unregulated.
内战后的几年里,铁路是私有的,完全不受监管。
The railroad companies held a natural monopoly in the areas that only they serviced.
铁路公司在只有它们服务的地区拥有自然垄断权。
Monopolies are generally viewed as harmful because they obstruct the free competition that determines the price and quality of products and services offered to the public.
垄断通常被认为是有害的,因为它们阻碍了决定向公众提供的产品和服务的价格和质量的自由竞争。
The railroad monopolies had the power to set prices, exclude competitors, and control the market in several geographic areas.
铁路垄断企业有权制定价格、排除竞争对手并控制多个地理区域的市场。
Although there was competition among railroads for long-haul routes, there was none for short-haul runs.
尽管铁路之间在长途线路上存在竞争,但在短途线路上却没有竞争。
Railroads discriminated in the prices they charged to passengers and shippers in different localities by providing rebates to large shippers or buyers.
铁路公司通过向大型托运人或买家提供回扣,对不同地区的乘客和托运人收取不同的价格。
These practices were especially harmful to American farmers, who lacked the shipment volume necessary to obtain more favorable rates.
这些做法对美国农民尤其有害,因为他们缺乏获得更优惠价格所需的运输量。
Early political action against these railroad monopolies came in the 1870s from “Granger” controlled state legislatures in the West and South.
1870 年代,“格兰杰”控制的西部和南部州立法机构针对这些铁路垄断采取了早期政治行动。
The Granger Movement had started in the 1860s providing various benefits to isolated rural communities.
格兰杰运动始于 1860 年代,为偏远的农村社区提供各种福利。
State controls of railroad monopolies were upheld by the Supreme Court in Munn v.
最高法院在 Munn v. 案中维持了国家对铁路垄断的控制。
Illinois (1877).
伊利诺伊州(1877)。
State regulations and commissions, however, proved to be ineffective, incompetent, and even corrupt.
然而,事实证明,国家法规和委员会是低效、无能、甚至腐败的。
In the 1886 Wabash case, the Supreme Court struck down an Illinois law outlawing long-and-short haul discrimination.
在 1886 年的瓦巴什案中,最高法院推翻了伊利诺伊州一项禁止长途和短程歧视的法律。
Nevertheless, an important result of Wabash was that the Court clearly established the exclusive power of Congress to regulate interstate commerce.
尽管如此,瓦巴什案的一个重要结果是法院明确确立了国会监管州际商业的专属权力。
( See Gibbons v.
(参见吉本斯诉。
Ogden .
奥格登.
)
)
The Interstate Commerce Act addressed the problem of railroad monopolies by setting guidelines for how the railroads could do business.
《州际商业法》通过为铁路如何开展业务制定指导方针来解决铁路垄断问题。
The act became law with the support of both major political parties and pressure groups from all regions of the country.
该法案在全国主要政党和压力团体的支持下成为法律。
Applying only to railroads, the law required "just and reasonable" rate changes; prohibited special rates or rebates for individual shippers; prohibited "preference" in rates for any particular localities, shippers, or products; forbade long-haul/short-haul discrimination; prohibited pooling of traffic or markets; and most important, established a five-member Interstate Commerce Commission (ICC).
该法律仅适用于铁路,要求“公正合理”的费率变化;禁止针对个别托运人的特殊费率或回扣;禁止对任何特定地点、托运人或产品实行“优惠”费率;禁止长途/短途歧视;禁止汇集流量或市场;最重要的是,成立了一个由五名成员组成的州际商业委员会(ICC)。
The law’s terms often contradicted one another.
法律的条款经常相互矛盾。
Some provisions were designed to stimulate competition and others to penalize it.
有些条款旨在刺激竞争,而另一些条款则旨在惩罚竞争。
In practice, the law was not very effective.
在实践中,该法律的作用并不大。
The most successful provisions of the law were the requirement that railroads submit annual reports to the ICC and the ban on special rates the railroads would arrange among themselves, although determining which rates were discriminatory was technically and politically difficult.
该法律最成功的条款是要求铁路公司向国际刑事法院提交年度报告,并禁止铁路公司之间安排特殊费率,尽管确定哪些费率具有歧视性在技术上和政治上都很困难。
Years later, the ICC would become the model for many other regulatory agencies – but in 1887 it was unique.
多年后,国际商会成为许多其他监管机构的典范,但在 1887 年,它是独一无二的。
The Interstate Commerce Act challenged the philosophy of laissez-faire economics by clearly providing the right of Congress to regulate private corporations engaged in interstate commerce.
《州际商业法》明确规定国会有权监管从事州际商业的私营公司,从而挑战了自由放任的经济学理念。
The act, with its provision for the ICC, remains one of America’s most important documents serving as a model for future government regulation of private business.
该法案及其对国际刑事法院的规定,仍然是美国最重要的文件之一,成为未来政府监管私营企业的典范。
This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.
该文档可在 DocsTeach 上找到,这是一个使用国家档案馆文档进行教学的在线工具。
Find teaching activities that incorporate this document, or create your own online activity .
查找包含本文档的教学活动,或创建您自己的在线活动。
Forty-Ninth Congress of the United States of America; At the Second Session, Begun and held at the City of Washington on Monday, the sixth day of December, one thousand eight hundred and eighty-six
美利坚合众国第四十九届国会;第二次会议于 12 月 6 日星期一在华盛顿市开始并举行,1886
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however , That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
无论是由美利坚合众国参议院和众议院在国会中颁布,本法案的规定均适用于完全通过铁路、或部分通过铁路、部分通过水路(当两者在共同控制、管理或安排下,从美国一个州或领地或哥伦比亚特区到美国任何其他州或领地或哥伦比亚特区)进行连续运输或运输时,从事旅客或财产运输的任何公共承运人。哥伦比亚,或从美国任何地方到邻近外国,或从美国任何地方经外国到美国任何其他地方,以及以类似方式将财产从美国任何地方运往外国并从该地方运至转运港,或从外国运至美国任何地方并从美国或邻近外国的入境港运至该地方的运输:但是,前提是,本条规定该法案不适用于完全在一州内的旅客或财产运输,或财产的接收、交付、储存或处理,并且不适用于从或运往上述任何州或地区的外国运往或运出。
The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
本法中使用的“铁路”一词应包括与任何铁路相关使用或运营的所有桥梁和渡轮,以及运营铁路的任何公司使用的所有道路,无论是根据合同、协议或租赁拥有或运营的; “运输”一词应包括所有装运或运输工具。
All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
在上述乘客或财产运输过程中提供或将要提供的任何服务,或与之相关的任何服务,或接收、交付、储存或处理此类财产的所有费用,均应合理且公正;禁止对此类服务收取任何不公正和不合理的费用,并宣布其为非法。
Sec.
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2.
2.
That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.
如果任何受本法规定约束的公共承运人直接或间接地通过任何特别费率、回扣、退税或其他手段,向任何人收取、要求、收取或收取任何人在乘客或财产运输中已提供或将提供的任何服务的补偿,则根据本法规定,该承运人应根据本法规定向任何其他人收取、要求、收取或收取为他或他们在运输同类货物中提供类似和同期服务的补偿。如果在基本相似的情况和条件下进行运输,则此类公共承运人应被视为犯有不公正歧视行为,特此禁止并宣布这种行为是非法的。
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3.
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That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
受本法规定约束的任何公共承运人在任何方面向任何特定的个人、公司、公司、企业或地区或任何特定的运输描述作出或给予任何不正当或不合理的优惠或优势,或使任何特定的人、公司、公司、法人或地区或任何特定的运输描述在任何方面受到任何不正当或不合理的损害或不利,均属非法。
Every common carrier subject to the provisions of this act shall according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connection therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.
受本法规定约束的每个公共承运人应根据其各自的权力,为各自线路之间的交通换乘以及在其多条线路及其连接线路之间接收、转发和交付乘客和财产提供一切合理、适当和平等的设施,并且不得在这些连接线路之间的费率和收费上实行歧视;但这不应被解释为要求任何此类公共承运人将其轨道或码头设施的使用权交给从事类似业务的另一承运人。
Sec.
秒。
4.
4.
That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however , That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.
受本法规定约束的任何公共承运人,在基本相似的情况和条件下,对同一条线路、同一个方向上的较短距离的旅客或同类财产的运输收取或获得更多赔偿的总额,是非法的,较短的距离包括在较长的距离内;但这不应被解释为授权任何公共承运人在本法条款范围内对较短距离和较长距离收费并获得同等数额的赔偿:但是,在向根据本法规定任命的委员会提出申请后,在特殊情况下,经委员会调查后,该公共承运人可以被授权对较长距离的旅客或财产运输收费低于较短距离的收费;委员会可以不时规定此类指定公共承运人可以免除本法本节规定的范围。
Sec.
秒。
5.
5.
That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.
受本法规定约束的任何公共承运人与任何其他公共承运人或其他承运人签订任何合同、协议或合并以汇集不同且相互竞争的铁路的货运,或在它们之间分配此类铁路收入或其任何部分的总收入或净收益,均属非法;在任何上述货物集中协议的情况下,其持续的每一天均应被视为单独的违法行为。
Sec.
秒。
6.
6.
That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act.
受本法规定约束的每家公共承运人均应打印并保存时间表,以供公众查阅,该明细表显示任何此类公共承运人已制定并在其铁路上当时有效的乘客和财产运输费率、票价和收费,如本法第一节所定义。
The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges.
任何此类公共承运人按上述方式打印的时刻表应明确说明其铁路上将运送财产和旅客的地点,并应包含该铁路上有效的货运分类,还应单独说明终点站费用以及以任何方式改变、影响或确定上述费率和票价和费用的任何部分或总计的任何规则或条例。
Such schedules shall be plainly printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected.
此类时刻表应以大字体清晰印刷,至少为普通异食字大小,并应在任何此类铁路的每个车厂或车站保存供公众使用的副本,其地点和形式应便于检查。
Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep for public inspection, at every depot where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed.
受本法规定约束的任何公共承运人,在美国接收货物并通过外国运送到美国任何地方,也应以类似方式在接收此类货物的每个仓库打印并保存明细表,以供公众检查,该明细表显示该公共承运人向其接受货物运送到的外国以外的美国所有地点制定和收取的直达费率;任何从美国经外国运入美国的货物,其联运费率不得按照本法案的要求公开,在从该外国进入美国之前,应缴纳关税,就像该货物是外国生产的一样;与本节相抵触的任何法律均在此废除。
No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept for public inspection.
任何公共承运人按照本节的要求制定和公布的费率、票价和收费不得提前,除非在公告十天后,公告中应明确说明拟在当时有效的时间表中进行的变更,以及增加的费率、票价或收费的生效时间;拟议的变更应当通过印刷新的明细表来体现,或者应当在当时有效的明细表上清楚地标明,并保存以供公众查阅。
Reductions in such published rates, fares, or charges may be made without previous public notice; but whenever any such reduction is made, notice of the same shall immediately be publicly posted and the changes made shall immediately be made public by printing new schedules, or shall immediately be plainly indicated upon the schedules at the time in force and kept for public inspection.
此类公布的费率、票价或费用的降低可能无需事先公告;但每当作出任何此类减少时,应立即公开张贴通知,并应立即通过印制新的时间表来公布所做的更改,或应立即在当时有效的时间表上明确注明并保存以供公众查阅。
And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
当任何此类公共承运人根据本节的规定制定并公布其费率、票价和收费时,该公共承运人就乘客或财产运输或与之相关的任何服务向任何人收取、要求、收取或收取多于或少于当时有效的已公布的费率、票价和收费表中规定的补偿,均属非法。
Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same.
受本法规定约束的每个公共承运人均应向委员会提交按照本节要求制定和公布的费率、票价和收费表的副本,并应立即将其中所做的所有变更通知该委员会。
Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party.
每个此类公共承运人还应向上述委员会提交与其他公共承运人就受其可能参与的本法案条款影响的任何交通相关的所有合同、协议或安排的副本。
And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission.
如果旅客和货物通过超过一家公共承运人运营的连续线路或路线,并且运营此类线路或路线的几家公共承运人为此类连续线路或路线制定联合运价或票价或收费,则此类联合运价的副本也应以类似方式向上述委员会备案。
Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said Commission, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier party thereto to observe and adhere to the rates, fares, or charges thus made and published.
上述连续线路上的联合运价、票价和收费应由公共承运人在上述委员会的指示下,在委员会判断认为可行的范围内予以公布;该委员会应不时规定对此类费率、票价和收费或其认为公共承运人可行的部分进行公布的宣传措施,以及公布这些费用和收费的地点;但任何此类联合运价的公共承运方均不对任何其他公共承运方未能遵守并遵守由此制定和公布的费率、票价或收费承担责任。
If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated or wherein such offense may be committed, and if such common carrier be a foreign corporation, in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply, in any such circuit of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act.
如果任何此类公共承运人疏忽或拒绝提交或公布本节或其任何部分规定的费率、票价和收费表或资费表,则除本条规定的其他处罚外,该公共承运人还应遵守由该公共承运人主要办事处所在地或可能犯下此类犯罪行为的司法管辖区的任何美国巡回法院颁发的履职令,如果该公共承运人是外国公司,则在该公共承运人接受运输的司法管辖区内并有代理人执行此类服务,以强制遵守本节上述规定;该令状应以美国人民的名义,与根据本法规定任命的专员关系下发布;不遵守其要求将被视为藐视法庭而受到惩罚;上述专员作为原告,还可以在美国的任何此类地区申请针对该公共承运人的禁令,以限制该公共承运人在美国几个州和领土之间、或者美国与邻近外国之间、或者转运港和入境港与美国几个州和领土之间(如本法第一节所述)接收或运输财产,直到该公共承运人遵守本条例前项规定。
Sec.
秒。
7.
7.
That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.
受本法规定约束的任何公共承运人订立任何明示或暗示的组合、合同或协议,以通过改变时间表、使用不同车厢运输或通过其他方式或装置阻止货物从装运地到目的地的连续运输,均属非法;此类公共承运人的散装中断、停顿或中断不得阻止货物运输被视为从装运地到目的地地的一次连续运输,除非此类中断、停顿或中断是出于某种必要目的而善意地进行的,并且没有任何意图避免或不必要地中断此类连续运输或规避本法的任何规定。
Sec.
秒。
8.
8.
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.
如果受本法规定约束的任何公共承运人实施、促使实施或允许实施本法中禁止或宣布为非法的任何行为、事项或事情,或者不实施本法中要求采取的任何行为、事项或事情,则该公共承运人应对因违反本法规定而遭受损失的全部人员承担赔偿责任,并支付合理的律师费或律师费,该费用由法院确定在每个追偿案件中,律师费均应征税并作为案件费用的一部分收取。
Sec.
秒。
9.
9.
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.
根据本法案的规定,声称受到任何公共承运人损害的任何个人可以按照下文规定向委员会提出投诉,或者可以代表自己在美国任何有管辖权的地区法院或巡回法院提起诉讼,要求追回该公共承运人根据本法案的规定可能承担的损害赔偿责任;但此人或这些人无权寻求上述两种补救措施,并且必须在每种情况下选择采用本规定的两种程序方法中的哪一种。
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.
在为追回损害赔偿而提起的任何此类诉讼中,待决诉讼的法院可以强制此类诉讼中被告公司或公司的任何董事、高级职员、接管人、受托人或代理人出席、出庭和作证,并可以强制要求此类公司或任何此类诉讼当事人的公司出示账簿和文件;任何此类证词或证据可能倾向于对提供此类证据的人进行定罪的主张,不应成为该证人出庭作证的借口,但此类证据或证词不得在任何刑事诉讼的审判中用于对该人不利。
Sec.
秒。
10.
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 willfully 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 willfully 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 offense was committed, be subject to a fine of not to exceed five thousand dollars for each offense.
受本法案规定约束的任何公共承运人,或者当该公共承运人是一家公司时,其任何董事或高级职员,或任何接管人、受托人、承租人、代理人或代表该公司或受雇于该公司的人,单独或与任何其他公司、公司、个人或团体一起,故意实施或导致实施本法案中禁止或宣布为非法的任何行为、事项或事物,或应协助或教唆实施本法案中禁止或宣布为非法的任何行为、事项或事物,或故意遗漏或不做本法案中要求做的任何行为、事项或事情,或导致或自愿忍受或允许本法案如此指示或要求的任何行为、事项或事情不这样做,或协助或教唆任何此类遗漏或失败,或对任何违反本法案的行为有罪,或协助或教唆其中,应被视为犯有轻罪,并应在美国任何地区法院定罪后,在犯此类罪行的司法管辖区,每项罪行处以不超过五千美元的罚款。
Sec.
秒。
11.
11.
That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate.
特此设立一个委员会,称为州际商务委员会,由五名委员组成,由总统在参议院的建议和同意下任命。
The Commissioners first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from the first day of January, anno Domini eighteen hundred and eighty-seven, the term of each to be designated by the President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed.
根据本法首次任命的委员的任期应分别为两年、三年、四年、五年和六年,自公元一千八百八十七年一月第一天起,每届任期由总统指定;但其继任者的任期应为六年,但任何被选来填补空缺的人的任命期限应仅限于他所接替的专员的未满任期。
Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
任何专员都可能因效率低下、玩忽职守或渎职而被总统免职。
Not more than three of the Commissioners shall be appointed from the same political party.
同一政党任命的委员不得超过三人。
No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office.
受本法规定约束的任何公共承运人的受雇人或与该公共承运人保持任何正式关系的任何人,或拥有其股票或债券的人,或以任何方式与之有金钱利益的人,均不得承担此类职务或担任此类职务。
Said Commissioners shall not engage in any other business, vocation, or employment.
上述委员不得从事任何其他业务、职业或就业。
No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission.
委员会的任何空缺均不得损害其余委员行使委员会所有权力的权利。
Sec.
秒。
12.
12.
That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and for the purposes of this act the Commission shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.
特此设立的委员会有权根据本法的规定调查所有公共承运人的业务管理情况,并应随时了解进行管理的方式和方法,并有权从这些公共承运人处获取必要的完整信息,以使委员会能够履行其职责并实现其成立的目标;就本法案而言,委员会有权要求证人出席并作证,并出示与正在调查的任何事项有关的所有书籍、文件、关税、合同、协议和文件,并为此目的可以援引美国任何法院的协助,要求证人出席并作证,并根据本节的规定出示书籍、文件和文件。
And any of the circuit courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
在其管辖范围内进行此类调查的任何美国巡回法院,如果违反或拒绝服从向受本法规定约束的任何公共承运人或其他人发出的传票,可以发布命令,要求该公共承运人或其他人出席上述委员会(并在命令下出示书籍和文件)并提供有关所涉事项的证据;任何不遵守法院命令的行为都可能受到法院作为藐视法庭的处罚。
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.
任何此类证词或证据可能倾向于对提供此类证据的人进行犯罪的主张,不应成为该证人作证的借口;但此类证据或证言不得在任何刑事诉讼的审判中用于对此类人不利。
Sec.
秒。
13.
13.
That 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.
任何个人、公司、公司或协会,或任何商业、农业或制造业协会,或任何政体或市政组织,对任何公共承运人违反本法规定的作为或不作为的任何行为提出投诉,可以通过请愿书向上述委员会提出申请,请愿书应简要说明事实;委员会应将由此提出的指控转发给该公共承运人,并要求该公共承运人在委员会指定的合理时间内满足投诉或以书面形式答复投诉。
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.
如果该公共承运人应在规定的时间内对所指控的损害作出赔偿,则该承运人仅就所投诉的具体违法行为免除对投诉人的责任。
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.
如果该承运人未能在指定时间内满足投诉,或者似乎有任何合理理由对所述投诉进行调查,则委员会有责任以其认为适当的方式和方式调查投诉事项。
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.
该委员会应按照任何州或领地的铁路专员或铁路委员会的要求,以类似方式调查该专员或委员会提出的任何投诉,并可以以与提出投诉相同的方式和效果自行发起任何调查。
No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
任何时候都不得因投诉人未受到直接损害而驳回投诉。
Sec.
秒。
14.
14.
That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the Commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found.
无论何时该委员会进行调查,其都有责任就此提出书面报告,其中应包括委员会结论所依据的事实调查结果,以及关于公共承运人应向可能受到伤害的任何一方或各方进行何种赔偿(如有)的建议;此后,在所有司法程序中,如此得出的结论应被视为所发现的每一项事实的表面证据。
All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of.
委员会作出的所有调查报告均应记录在案,并向可能提出投诉的一方以及可能被投诉的任何公共承运人提供一份副本。
Sec.
秒。
15.
15.
That if in any case in which an investigation shall be made by said Commission it shall be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or of any law cognizable by said Commission, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forth with cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the Commission; and if, within the time specified, it shall be made to appear to the Commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the Commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law.
如果在该委员会进行调查的任何情况下,应通过证人的证词或其他证据,使委员会满意地表明,任何公共承运人已经采取或未采取任何违反本法规定或该委员会认可的任何法律的行为,或者投诉一方或多方或因任何此类违规行为而受到侵害的其他方遭受了任何伤害或损害,则委员会有责任安排向该公共承运人交付其有关报告的副本,并在委员会指定的合理时间内向该公共承运人发出停止和制止此类违规行为的通知,或对所造成的损害进行赔偿,或两者兼而有之;如果在规定的时间内,委员会应认为该公共承运人已停止此类违法行为,并已根据委员会的报告和通知,或令投诉方满意的方式对所造成的损害进行了赔偿,则委员会应将这方面的声明记录在案,并且该公共承运人应立即免除因此类特定违法行为而承担的进一步责任或处罚。
Sec.
秒。
16.
16.
That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate or refuse or neglect to obey any lawful order or requirement of the Commission in this act named, it shall be the duty of the Commission, and lawful for any company or person interested in such order or requirement, to apply, in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said Commission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court, on such hearing or on report of any such person or persons, that the lawful order or requirement of said Commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said Commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of five hundred dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court.
每当任何公共承运人(如本法案中所定义并受其规定约束)违反或拒绝或忽视遵守委员会在本法案中的任何合法命令或要求时,委员会有责任以及对此类命令或要求有利害关系的任何公司或个人,通过请愿书,以简易方式向位于被投诉公共承运人主要办事处或违反或不遵守此类命令所在司法管辖区的美国巡回法院提出申请。或要求发生,并指控此类违规或不服从行为(视情况而定);该法院有权在法院认为合理的情况下,在短时间内向被投诉的公共承运人发出通知后,审理并裁决该事项;该通知可以按照法院指示的方式送达该公共承运人、其高级职员、代理人或雇员;该法院应作为衡平法院迅速审理并裁决该事项,无需适用于衡平法普通诉讼的正式诉状和诉讼程序,但以在场所内伸张正义的方式进行;为此目的,如果法院认为适当,则有权以法院指定的方式并由其指定的人员指导和起诉法院认为必要的所有此类调查,以便就此类请求作出公正的判决;在听证会上,该委员会的报告应成为其中所述事项的表面证据;如果在此类听证会上或根据任何此类人员的报告,该法院认为所涉委员会的合法命令或要求已被违反或不遵守,则该法院可以合法地发布强制令或其他适当程序,无论是强制性的还是其他方式,以限制该公共承运人进一步继续违反或不遵守该委员会的命令或要求,并禁止其服从;如果违反任何此类强制令或其他适当程序(强制性或其他方式),则该法院针对该公共承运人,并且如果是公司,则针对该公共承运人,针对该公共承运人,针对该公司的一名或多名董事、高级职员或代理人,或针对任何所有者、承租人、受托人、接管人或其他未能遵守该等强制令或其他适当程序的人,发布扣押令或上述法院事件的任何其他程序或适用于强制令或其他适当程序的情况是合法的。强制令或其他适当程序,强制性或其他方式;如果该法院认为合适,可以下令指示该公共承运人或其他人违反该强制令或其他适当程序(无论是强制性的还是其他方式),在该承运人或其他人不遵守该禁令或其他适当程序(无论是强制性的还是其他方式)的命令中指定的日期后,每天向每个违约承运人或个人支付不超过五百美元的款项;此类款项应按照法院的指示支付给投诉方,或支付给法院以遵守法院的最终决定,或支付给国库;并且,在不影响任何其他追回该款项的方式的情况下,该款项可以通过扣押或具有执行令性质的命令来强制执行,就像在该法院通过个人最终法令追回该款项一样。
When the subject in dispute shall be of the value of two thousand dollars or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable.
当争议标的价值为 2000 美元或以上时,在上述法院进行的诉讼的任何一方都可以根据目前有关上诉担保的法律规定的相同规定向美国最高法院提出上诉;但此类上诉不得中止或取代法院的命令或任何令状或相关程序的执行;该法院可以就每一个此类事项下令支付被认为合理的费用和律师费。
Whenever any such petition shall be filed or presented by the Commission it shall be the duty of the district attorney, under the direction of the Attorney-General of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.
每当委员会提交或提出任何此类请愿书时,地方检察官有责任在美国司法部长的指导下起诉该请愿书;此类诉讼的费用和开支应从美国法院的费用拨款中支付。
For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session.
就本法案而言,除刑法规定外,美国巡回法院应被视为始终开庭。
Sec.
秒。
17.
17.
That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice.
委员会可以以最有利于适当调度事务和实现正义的方式进行其程序。
A majority of the Commission shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest.
委员会的多数成员应构成业务交易的法定人数,但任何委员不得参加其拥有任何金钱利益的任何听证会或诉讼程序。
Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States.
该委员会可以不时制定或修改其诉讼程序的秩序和监管所必需的一般规则或命令,包括通知的形式及其送达,这些规则或命令应尽可能符合美国法院使用的规则或命令。
Any party may appear before said Commission and be heard, in person or by attorney.
任何一方均可亲自或由律师出席该委员会并听取听证会。
Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested.
委员会的每一次投票和正式行为均应记录在案,其程序应根据任何相关方的要求公开。
Said Commission shall have an official seal, which shall be judicially noticed.
该委员会应当加盖公章,并接受司法审查。
Either of the members of the Commission may administer oaths and affirmations.
委员会的任何一位成员都可以宣誓和宣誓。
Sec.
秒。
18.
18.
That each Commissioner shall receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the salaries of judges of the courts of the United States.
每位专员的年薪为七千五百美元,支付方式与美国法院法官的工资相同。
The Commission shall appoint a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner.
委员会应任命一名秘书,其年薪为三千五百美元,支付方式相同。
The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties, subject to the approval of the Secretary of the Interior.
经内政部长批准,委员会有权雇用其认为适当履行其职责所必需的其他雇员并确定其报酬。
The Commission shall be furnished by the Secretary of the Interior with suitable offices and all necessary office supplies.
内政部长应为委员会提供合适的办公室和所有必要的办公用品。
Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
委员会传唤的证人应获得与美国法庭上的证人相同的费用和里程。
All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation in any other places than in the city of Washington, shall be allowed and paid, on the presentation of itemized vouchers therefor approved by the chairman of the Commission and the Secretary of the Interior.
委员会的所有费用,包括专员或其雇员根据其命令在华盛顿市以外的任何地方进行调查所产生的所有必要的交通费用,均应在出示经委员会主席和内政部长批准的详细凭证后允许和支付。
Sec.
秒。
19.
19.
That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.
委员会的主要办公室应设在华盛顿市,并在那里举行全体会议;但只要可以促进公众或各方的便利或由此避免延误或费用,委员会就可以在美国任何地方举行特别会议。
It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.
它可以由一名或多名专员在美国任何地区对与任何公共承运人业务有关的任何事项或事实问题进行任何必要的调查,但须遵守本法的规定。
Sec.
秒。
20.
20.
That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information.
特此授权委员会根据本法案的规定要求所有公共承运人提交年度报告,确定提交此类报告的时间和方式,并要求这些承运人对委员会可能需要信息的所有问题做出具体答复。
Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet.
年度报告应当详细载明发行股本的数额、支付的股本金额及支付方式;已支付的股息、盈余资金(如有)以及股东人数;融资债务和浮动债务及其支付的利息;承运人的财产、特许经营权和设备的成本和价值;雇员人数及各等级支付的工资;每年用于改进的金额、支出方式以及此类改进的特点;每个业务部门和所有来源的收入和收入;运营费用和其他费用;损益余额;以及航空公司每年财务运营的完整展示,包括年度资产负债表。
Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commission may require; and the said Commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the Commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.
此类报告还应包含委员会可能要求的有关票价或运费的费率或规定,或与其他公共承运人的协议、安排或合同的信息;该委员会可以自行决定,为了使其能够更好地实现本法的目的,规定(如果委员会认为规定这种统一性和记账方法是可行的话)一个期限,在此期间,受本法规定约束的所有公共承运人应尽可能拥有统一的账目系统以及记账方式。
Sec.
秒。
21.
21.
That the Commission shall, on or before the first day of December in each year, make a report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other reports issued from the Interior Department.
委员会应在每年 12 月 1 日或之前向内政部长提交报告,由内政部长将报告转交国会,其副本应与内政部发布的其他报告一样分发。
This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary.
该报告应包含委员会收集的在确定与商业监管有关的问题时可能被认为有价值的信息和数据,以及委员会可能认为必要的有关附加立法的建议。
Sec.
秒。
22.
22.
That nothing in this act shall apply to the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided , That no pending litigation shall in any way be affected by this act.
本法案中的任何内容均不适用于为美国、州或市政府免费或以折扣价运输、储存或处理财产,或出于慈善目的,或往返于展览会和博览会以进行展览,或发行里程、短途旅行或通勤客票;本法中的任何内容均不得解释为禁止任何公共承运人向宗教牧师提供折扣票价;本法中的任何内容均不得解释为阻止铁路为其自己的官员和雇员提供免费运输,或阻止任何铁路公司的主要官员与其他铁路公司为其官员和雇员交换通行证或车票;本法案中的任何内容均不得以任何方式削减或改变普通法或成文法中现有的补救措施,但本法案的规定是对此类补救措施的补充:但任何未决诉讼均不得以任何方式受到本法案的影响。
Sec.
秒。
23.
23.
That the sum of one hundred thousand dollars is hereby appropriated for the use and purposes of this act for the fiscal year ending June thirtieth, anno Domini eighteen hundred and eighty-eight, and the intervening time anterior thereto.
特此拨款十万美元,用于本法案截至 1888 年 6 月 30 日结束的财政年度及其之前的时间。
Sec.
秒。
24.
24.
That the provisions of sections eleven and eighteen of this act, relating to the appointment and organization of the Commission herein provided for, shall take effect immediately, and the remaining provisions of this act shall take effect sixty days after its passage.
本法案第十一节和第十八节中有关委员会任命和组织的规定应立即生效,本法案的其余规定应在通过后六十天生效。