(a) The Attorney General may, and on request of the Interstate Commerce Commission shall, bring court proceedings to enforce this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle and to prosecute a person violating this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle.
(b) The United States Government may bring a civil action on behalf of a person to compel a common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title to provide that transportation or service to that person in compliance with this subtitle at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person.
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 11703(a) |
49:1(18)(e) (related to action by the Attorney General). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §1(18)(e) (related to action by the Attorney General); added Feb. 5, 1976,
Pub. L. 94–210, §801(a), 90 Stat. 126
. |
| |
49:1a(9) (related to action by the Attorney General). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §1a(9) (related to action by the Attorney General); added Feb. 5, 1976,
Pub. L. 94–210, §802, 90 Stat. 130
. |
| |
49:12(1)(a) (last sentence less words before 1st semicolon and after last semicolon). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §12(1)(a) (last sentence less words before 1st semicolon and after last semicolon); added Mar. 2, 1889, ch. 382, §3, 25 Stat. 858
; restated Feb. 10, 1891, ch. 128, §1, 26 Stat. 743
; Feb. 28, 1920, ch. 91, §415, 41 Stat. 484
; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543
; Feb. 5, 1976,
Pub. L. 94–210, §207, 90 Stat. 42
. |
| |
49:16(12) (related to action by the Attorney General). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §16(12) (related to action by the Attorney General); added June 18, 1910, ch. 309, §13, 36 Stat. 554
; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219
; Feb. 28, 1920, ch. 91, §429, 41 Stat. 492
; Sept. 18, 1940, ch. 722, §11(a)(6), 54 Stat. 912
. |
| |
49:19a(l). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §19a(l); added Mar. 1, 1913, ch. 92, §1, 37 Stat. 703
; Feb. 28, 1920, ch. 91, §433, 41 Stat. 493
. |
| |
49:20(9). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §20(9); added June 29, 1906, ch. 3591, §7, 34 Stat. 594
; Feb. 28, 1920, ch. 91, §436, 41 Stat. 496
; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543
. |
| |
49:43. |
Feb. 19, 1903, ch. 708, §3, 32 Stat. 848
; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167
; June 25, 1948, ch. 646, §1, 62 Stat. 909
; Oct. 15, 1970,
Pub. L. 91–452, §244, 84 Stat. 931
; Dec. 21, 1974,
Pub. L. 93–528, §6(b), 88 Stat. 1709
. |
| |
49:916(a), (b) (related to action of the Attorney General). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §316(a), (b) (related to action of the Attorney General); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946
; Oct. 15, 1970,
Pub. L. 91–452, §243(b), 84 Stat. 931
. |
| |
49:1010(i) (related to enforcement by United States). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §410(i) (related to enforcement by United States); added May 16, 1942, ch. 318, §1, 56 Stat. 293
. |
| |
49:1017(a), (b)(1) (related to action of the Attorney General). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §417(a), (b)(1) (related to action of the Attorney General); added May 16, 1942, ch. 318, §1, 56 Stat. 297
; Oct. 15, 1970,
Pub. L. 91–452, §243(c), 84 Stat. 931
. |
| |
49:1021 (less (a)–(f)). |
Feb. 4, 1887, ch. 104, 24 Stat. 379
, §421 (less (a)–(f)); added May 16, 1942, ch. 318, §1, 56 Stat. 299
. |
| 11703(b) |
49:23. |
Feb. 4, 1887, ch. 104, §23, 24 Stat. 379
; Mar. 2, 1889, ch. 382, §10, 25 Stat. 862
; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167
; May 16, 1942, ch. 318, §5, 56 Stat. 301
. |
In subsection (a), the words "Attorney General" are substituted for "United States attorney" to conform to title 28. See the Act of June 25, 1948, ch. 646, §1, 62 Stat. 909
. The section is made applicable to 49: ch. 8 since a violation of that chapter would give the Attorney General the duty to act under title 28, and in view of 49:20(9) and 43. In view of the restatement of the source provisions, conforming amendments are made to sections 2321 and 2323 of title 28 in section 2(a) of the bill. The 25 words before the last semicolon in 49:12(1)(a) (last sentence) are omitted as obsolete.
In subsection (b), the words "The district courts of the United States shall have jurisdiction" are omitted as surplus in view of sections 1336 and 1337 of title 28. The word "person" is substituted for "person or persons, firm, or corporation" in view of the definition of "person" in section 10102 of the revised title. The words "alleging such violation by a common carrier" are omitted as unnecessary in view of the restatement. The words "of any of the provisions of the act to which this is a supplement and all acts amendatory thereof" are omitted as surplus. The words "interstate traffic" are omitted in view of chapter 105 of this revised subtitle. The words "to compel" are substituted for "to issue a writ or writs of mandamus against . . . commanding . . . to move and transport the traffic" in view of the restatement and rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "to furnish cars or other facilities for transportation" are omitted in view of the definition of "transportation" in section 10102 of the revised title. The first proviso is omitted as unnecessary in view of rule 65(c) of the Federal Rules of Civil Procedure (28 U.S.C. app.). The last proviso is omitted as unnecessary in view of the restatement.