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MERCHANT MARINE ACT, 1920.
veloping water commerce transportation facilijies.
41 Stat. L., 988. SEC. 8. That it shall be the duty of the board [United directed for de- States Shipping Board], in cooperation with the Secrc. commerce trans- tary of War, with the object of promoting, encouraging,
and developing ports and transportation facilities in Extent of, des.“
connection with water commerce over which it has jurisdiction, to investigate territorial regions and zones tributary to such ports, taking into consideration the economies of transportation by rail, water and highway and the natural direction of the flow of commerce; to investigate the causes of the congestion of commerce at ports and the remedies applicable thereto; to investigate the subject of water terminals, including the necessary docks, warehouses, apparatus, equipment, and appliances in connection therewith, with a view to devising and suggesting the types most appropriate for different locations and for the most expeditious and economical transfer or interchange of passengers or property between carriers by water and carriers by rail; to advise with communities regarding the appropriate location and plan of construction of wharves, piers, and water terminals; to investigate the practicability and advantages of harbor, river, and port improvements in connection with foreign and coastwise trade; and to investigate any other matter that may tend to promote and encourage the use
by vessels of ports adequate to care for the freight Findings as to which would naturally pass through such ports: Prorates to be sub-vided, That if after such investigation the board shall be mission for ac- of the opinion that rates, charges, rules, or regulations
of common carriers by rail subject to the jurisdiction of
mitted to Com
Secs. 8 and 19
the Interstate Commerce Commission are detrimental to the declared object of this section, or that new rates, charges, rules, or regulations, new or additional port terminal facilities, or affirmative action on the part of such common carriers by rail is necessary to promote the objects of this section, the board may submit its findings to the Interstate Commerce Commission for such action as such Commission may consider proper under existing law.
SEC. 19. (1) The board is authorized and directed in Special author
ity of board. aid of the accomplishment of the purposes of this Act
* (c) To request the head of any department, board, Request de bureau, or agency of the Government to suspend, modify, modify estabor annul rules or regulations which have been estab- thereof. lished by such department, board, bureau, or agency, or to make new rules or regulations affecting shipping in the foreign trade other than such rules or regulations relating to the Public Health Service, the Consular Service, and the Steamboat Inspection Service.
(2) No rule or regulation shall hereafter be estab- Rules affecting lished by any department, board, bureau, or agency of trade subject to the Government which affect shipping in the foreign Exceptions. trade, except rules or regulations affecting the Public Health Service, the Consular Service, and the Steamboat Inspection Service, until such rule or regulation has been submitted to the board for its approval and final action has been taken thereon by the board or the President.
(3) Whenever the head of any department, board, Disagreements bureau, or agency of the Government refuses to suspend, submitted to the modify, or annul any rule or regulation, or make a new rule or regulation upon request of the board, as pro
> as to rules to be
to be forfeited.
Sccs. 19 and 27
vided in subdivision (c) of paragraph (1) of this section, or objects to the decision of the board in respect to the approval of any rule or regulation, as provided in paragraph (2) of this section, either the board or the head of the department, board, bureau, or agency which has
established or is attempting to establish the rule or Action thereon. regulation in question may submit the facts to the Presi
dent, who is hereby authorized to establish or suspend, modify, or annul such rule or regulation.
* · Merchandise Sec. 27. That no merchandise shall be transported by coastwise trade water, or by land and water, on penalty of forfeiture American vessels thereof, between points in the Uņited States, including
Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the
privilege of engaging in the coastwise trade is extended Provision not to by sections 18 or 22 of this Act: Provided, That this secapply over through routes tion shall not apply to merchandise transported between recognized by Commission. points within the continental United States, excluding
Alaska, over through routes heretofore or hereafter recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall herafter be filed with said Commission when such routes are in part
over Canadian rail lines and their own or other connecting Application to water facilities: Provided further, That this section shall
not become effective upon the Yukon River until the Alaska Railroad shall be completed and the Shipping Board shall find that proper facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic.
Sec. 28 Restriction on lower ran charges for transportation from foreign countries by water carriers.
SEC. 28. That no common carrier shall charge, collect, lo or receive, for transportation subject to the Interstate for transportation Commerce Act of persons or property, under any joint: rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, which is based in whole or in part on the fact that the persons or property affected thereby is to be transported to, or has been transported from, any port in a possession or dependency of the United States, or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than that charged, collected, or received by it for the transportation of persons, or of a like kind of property, for the same distance, in the same direction, and over the By American
vessels excepted. same route, in connection with commerce wholly within the United States, unless the vessel so transporting such persons or property is, or unless it was at the time of such transportation by water, documented under the laws of the United States. Whenever the board is of the opinion, however, that adequate shipping facilities to or from any Suspended by port in a possession or dependency of the United States noir adequate fa; or a foreign country are not afforded by vessels so docu-by American mented, it shall certify this fact to the Interstate Commerce Commission, and the Commission may, by order, suspend the operation of the provisions of this section with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from, or to be transported, to such ports, for such length of time and under such terms and conditions as it may prescribe in such order, or in any order supplemental thereto. Such suspension of operation of the provisions Termination of this section may be terminated by order of the Com-forded, by Com mission whenever the board is of the opinion that adequate shipping facilities by such vessels to such ports are afforded and shall so certify to the Commission.
when facilities af
and train brakes Tequired.
SAFETY APPLIANCE ACTS (AS AMENDED).'
ruilroads by compelling common carriers engaged in interstate
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, 27 Stat. L., 531. That from and after the first day of January, eighteen Driving wheel Londondan nima
Takes hundred and ninety-eight, it shall be unlawful for any
common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power drivingwheel brake and appliances for operating the train-brake system, or to run any train in such traffic after said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand
brake for that purpose. Automatic SEC. 2. That on and after the first day of January,
eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without
the necessity of men going between the ends of the cars. Carrier mayro SEC. 3. That when any person, firm, company, or corInterchangeable poration engaged in interstate commerce by railroad shall
have equipped a sufficient number of its cars so as to comply with the provisions of section one of this Act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this Act, with such power or train brakes as will work and readily interchange with
the brakes in use on its own cars, as required by this Act. Grab irons and SEC. 4. That from and after the first day of July,
eighteen hundred and ninety-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab
Carrier may refuse cars without
power · or brakes,
1 See section 4, amendment to Judicial Code of September 6, 1916, post, page 189.