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authority "by general or special orders to require said carriers, or any of them, to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matters about which the Commission is authorized or required by this or any other law to inquire or to keep itself informed or which it is required to enforce." Penalties and forfeitures are provided for a failure to comply with the orders of the Commission in this respect. Forms of accounting may also be prescribed, for violation of which prescribed forms penalties are provided.

The Commission may employ examiners to inspect accounts. False entries in, or willful destruction, multilation or alteration of, accounts are prohibited.

The Commission may prescribe a time after which books, papers and documents may be destroyed. The Supreme Court held these provisions constitutional and also applicable to water carriers engaged in interstate commerce.208

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In the Kansas City Southern case,200 in sustaining an order of the Commission made under authority of the section, the Supreme Court said: "In order that accounts may be standardized, it is necessary that the accounts of the several carriers shall be arranged under like headings or titles. So far as such uniformity requirements control or tend to control the conduct of the carrier in its capacity as a public servant engaged in interstate commerce, they are within the authority constitutionally conferred by Congress upon the Commission." It was there held that a requirement of the Commission that when existing shops and terminal facilities were abandoned and new ones erected, that there should be charged to operating expenses "the cost of replacing the abandoned property in kind, plus the cost of removal, but less the value of salvage," was not such an order as would be set aside by a court where the Commission had proceeded "with deliberation and after proper inquiry." And this was

208 Interstate Com. Com. v. Goodrich Transit Co., 244 U. S. 194, 56 L. Ed. 729, 32 Sup. Ct. 436, reversing Goodrich Transit Co. V. Interstate Com. Com., 190 Fed. 943, Opinion Com. Ct. Nos. 21-24, p. 95.

209 Kansas City S. Ry. Co. V. United States, 231 U. S. 423, 58 L. Ed. 296, 34 Sup. Ct. 125, affirming same-styled case, 204 Fed. 641, Opinion Com. Ct. No. 56, p. 641.

true although the apportionment of profits to preferred stockholders, would, as a result of such method be less than they would otherwise be entitled to.

The Smith case210 further recognized the full powers of the Commission, whose powers of investigation and supervision the court said: "Extend to all of the activities of carriers, and to all sums expended by them which could affect in any way their benefit or burden as agents of the public. If it be grasped thoroughly and kept in attention that they are public agents, we have at least the principle which should determine judgment in particular instances of regulation or investigation; and it is not far from true-it may be it is entirely true, as said by the Commission-that "there can be nothing private or confidential in the activities and expenditures of a carrier engaged in interstate commerce."

§ 284. Examiners.-The Commission may employ special examiners "to inspect and examine any and all accounts, records and memoranda" kept by carriers subject to the Interstate Commerce Acts. Any examiner who divulges any fact or information which may come to his knowledge during the course of examinations made by him, except in so far as he may be directed by the Commission or by a court or Judge thereof, is guilty of a crime and subject to a fine of not more than five thousand dollars, or imprisonment for a term not exceeding two years, or both.

And to carry out and give effect to the provisions of the Acts Regulating Interstate Commerce or any of them, the Commission may employ special agents or examiners "who shall have power to administer oaths, examine witnesses, and receive evidence."

Under these provisions, accountants are appointed as special examiners to examine the accounts and records of the carriers for the purpose of obtaining information to enable the Commission to perform its duties in the enforcement of the statute, and to aid in valuing the property owned or used by carriers subject to the Act.

210 Smith v. Int. Com. Com., 245 U. S. 33, 42, 43, 62 L. Ed. 135, 140, 38 Sup. Ct. 34.

There are examiners who hear the evidence and submit reports to the Commission in general investigations made by the Commission and upon complaints brought before the Commission. These act somewhat as masters in chancery and of these there are the special examiners and attorney-examiners, the latter hearing evidence in the more important cases. The general practice when an examiner hears the evidence in a case—and the majority of them are conducted in this manner -is for him to prepare a report in the nature of recommendations to the Commission, which report is served upon the parties to the case. The right to file exceptions to such report is accorded the parties and generally oral argument before the Commission or the division of the Commission having the case in charge, if requested, is granted.

§ 285. Reports of the Commission. In addition to reports of investigations made by it, "the Commission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. 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; and the names and compensation of the persons employed by said Commission."

§ 286. Lake Erie and Ohio River Ship Canal.-Section 17 of the Act to incorporate the Lake Erie and Ohio River ship canal provides "that canals constructed thereunder shall be open to the use and navigation of all suitable and proper vessels or other water craft upon fair and equal terms, conditions, rates, tolls and charges; but all charges, rates, and tolls must be equal to all persons, vessels and goods under classifications" to be established by the company and approved by the Interstate Commerce Commission. Rebates, drawbacks and discriminations, whether effected directly or indirectly, are prohibited and tariffs must be published, and not changed except after thirty days public notice; but the Commission may in its discretion and for good cause shown permit changes

on less notice and may modify the requirements in respect to publishing and posting schedules.

§ 287. Parcel Post.-The statute approved August 24, 1912, authorized the Postmaster-General to reform, "subject to the consent of the Interstate Commerce Commission after investigation," the classification of articles mailable as well as the weight limit, the rates of postage, zone or zones, and other conditions of mailability of articles under the law creating the parcel post.

§ 288. Government-Aided Railroads and Telegraph Companies. By Act August 7, 1888, all railroad and telegraph companies to which the United States has granted aid are required to construct, maintain and operate a railroad or telegraph line as may be prescribed by the act of incorporation, and furnish facilities without discrimination.

Complaint may be made to the Commission, or the Commission may act without complaint, to obtain a performance of these duties.

Penalties are prescribed for a failure to perform the duties required, and the "party aggrieved" by such failure may recover damages.

Reports are required as of other carriers subject to the Act. Information may be given the Attorney-General by the Interstate Commerce Commission, upon which the AttorneyGeneral must proceed judicially to enforce the forfeitures provided in the Act. Congress reserved the right to alter, amend or repeal the law.

§ 289. Common-Law Remedies Continued.-Nothing in the Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of the Act are in addition to such remedies.

The above provision was in the original Act of 1887, and has not been repealed by any amendment thereof or act supplemental thereto.

This provision must be construed conformably to the well established canons of statutory construction, and being construed with the whole law as required by such canons, it must

be held to mean that where a common-law right cannot, consistently with the general purposes of the statute, be enforced, the injured party must obtain redress under and in accordance with the statute. Any other construction would destroy the general scheme intended to be effected by the enactment. No right is taken away, but where a method for determining the right is open under the statute that method must be pursued to the exclusion of other methods. When the statute furnishes no remedy for a wrong, or where preliminary administrative action is unnecessary to determine the right, the common-law remedies may be sought.211

211 Mitchell Coal & Coke Co. v. Pennsylvania R. Co., 230 U. S. 247, 57 L. Ed. 1472, 33 Sup. Ct. 916; Texas & Pac. Ry. Co. v. Cisco Oil Mill, 204 U. S. 449, 51 L. Ed. 562, 27 Sup. Ct. 358; Texas & Pac. Ry. Co. v. Abilene Cotton Oil Co., 204 U. S. 426, 444, 51 L. Ed. 553, 27 Sup. Ct. 350; South

ern Ry. Co. v. Tift, 206 U. S. 428, 437, 51 L. Ed. 1124, 27 Sup. Ct. 709; United States v. Pacific & Arctic R. Co., 228 U. S. 87, 57 L. Ed. 742, 33 Sup. Ct. 443; St. Louis S. W. R. Co. v. Lewellen, 192 Fed. 540. See also Secs. 353, 356, 358, 369, post.

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