Page images
PDF
EPUB

Secs. 12 and 13

Servica

State railroad ommission.

24 Stat. L., 37% politic or municipal organization, or any coinmon carrier, di Stat. L., 484. 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, Answer re. or to answer the same in writing, within a reasonable time, quired.

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 Investigation

the particular violation of law thus complained of. If when complaint such carrier or carriers shall not satisfy the complaint grounds appear. 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. Complaints by

(2) 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 Comon Commission's merce 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 provi

sions of this Act, or relating to the enforcement of any

and order cedure upon of the provisions of this Act. And the said Commission complaint.

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 Complainant's

Immas had excepting orders for the payment of money. No °34 Stat. L.,379. complaint shall at any time be dismissed because of the

absence of direct damage to the complainant.

(3) Whenever in any investigation under the proProcedure when rates of state, or visions of this Act, or in any investigation instituted Ident, attacked. upon petition of the carrier concerned, which petition is

own motion.

interest terial.

Secs, 13 and 14

hereby authorized to be filed, there shall be brought in issue any rate, fare, charge, classification, regulation, or practice, made or imposed by authority of any State, or initiated by the President during the period of Federal control, the Commission, before proceeding to hear and dispose of such issue, shall cause the State or States interested to be notified of the proceeding. The Com- Conference and mission may confer with the authorities of any State State authorities. having regulatory jurisdiction over the class of persons and corporations subject to this Act with respect to the relationship between rate structures and practices of carriers subject to the jurisdiction of such State bodies and of the Commission; and to that end is authorized and empowered, under rules to be prescribed by it, and which may be modified from time to time, to hold joint hearings with any such State regulating bodies on any matters wherein the Commission is empowered to act and where the rate-making authority of a State is or may be affected by the action taken by the Commission. The Commission is also authorized to avail itself of the cooperation, services, records, and facilities of such State authorities in the enforcement of any provision of this Act.

(4) Whenever in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or preju- Preference dice as between persons or localities in intrastate com-ermination merce on the one hand and interstate or foreign com- of foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce, which is hereby forbidden and declared to be unlawful, it shall prescribe the rate, fare, or charge, Commission to or the maximum or minimum, or maximum and mini- prescribe lawful

tion, regulation or mum, thereafter to be charged, and the classification, practice. regulation, or practice thereafter to be observed, in such manner as, in its judgment, will remove such advantage, preference, prejudico, or discrimination. Such rates, fares, charges, classifications, regulations, and practices shall be observed while in effect by the carriers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding.

SEC. 14. (Amended March 2, 1889, June 29, 1906, and 41 Stat. L., 484 February 28, 1920.) (1) That whenever an investiga- make report with tion shall be made by said Commission, it shall be its order.

ar

merce.

conclusions and

Secs. 14 and 15

ration cases.

cisions competent As evidence.

34 Stat. L., 584

duty to make a report in writing in respect thereto, which

shall state the conclusions of the Commission, together Roport in repa- with its decision, order, or requirement in the premises; 84 Stat. L., 581. and in case damages are awarded such report shall in

clude the findings of fact on which the award is made. 24 Stat L., 379.

(2) All reports of investigations made by the CommisReports entered sion shall be entered of record, and a copy thereof shall be of record; service.

furnished to the party who may have complained, and to

any common carrier that may have been complained of. 25 Stat. L., 855.

(3) The Commission may provide for the publication Reports and de- of its reports and decisions in such form and manner as

may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the

several States without any further proof or authentication Annual reports,

thereof. The Commission may also cause to be printed printing.

for early distribution its annual reports.

SEC. 15.1 [As amended June 29, 1906, June 18, 1910, 36 Stat. L., 539. and February 28, 1920.) (1) That whenever, after full 41 Stat.L., 484.

hearing, upon a complaint made as provided in section Determination 13 of this Act, or after full hearing under an order for cations, regula- investigation and bearing made by the Commission on by Commission. its own initiative, either in extension of any pending

complaint or without any complaint whatever, the Commission shall be of opinion that any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers subject to this Act for the transportation of persons or property or for the transmission of messages as defined in the first section of this Act, or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers subject to the provisions of this Act, is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this Act, the Commission is hereby authorized and empowered to determine and prescribe what will be the just and reason

able individual or joint rate, fare, or charge, or rates, Commission fares, or charges, to be thereafter observed in such case, mum, minimum, or the maximum or minimum, or maximum and minior precise rates.

mum, to be charged (or, in the case of a through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto), and what individual or joint classification, regulation, or practice

1 See Railway Mail Service Pay and Railway Mail Service Pay on Interurban Rail. ways, post, pages 171, 173, 175, and 176.

Sec. 15

ders take effect.

effect of order.

classifica tions and rates,

condi

is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers Carriors to cease shall cease and desist from such violation to the extent violations found. to which the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation or trans- Orders effectivo

as prescribed, and mission other than the rate, fare, or charge so prescribed, to be obeyed! or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

(2) Except as otherwise provided in this Act, all orders Timo when or of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be sus

Continuance in pended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction.

(3) The Commission may, and it shall whenever Establishment deemed by it to be necessary or desirable in the public joint interest, after full hearing upon complaint or upon its divisions, and on own initiative without a complaint, establish through tions, routes, joint classifications, and joint rates, fares, or charges, applicable to the transportation of passengers or property, or the maxima or minima, or maxima and minima, to be charged (or, in the case of a through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto), and the divisions of such rates, fares, or charges as hereinafter provided, and the terms and conditions under which such through routes shall be operated; and this provision, except as herein otherwise provided, shall apply when one of the carriers is a water line. The Commission shall not, however, establish any through route, classifi- Street electric cation, or practice, or any rate, fare, or charge, between ways excepted. street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business, and railroads of a different character; nor shall the Commission have the Transportation right to establish any route, classification, or practice, excepted.

wholly by water or any rate, fare, or charge when the transportation is wholly by water, and any transportation by water affected by this Act shall be subject to the laws and regulations applicable to transportation by water.

railSec. 15

Limitation OD power to prescribe routes.

Establishment

amergency.

(4) In establishing any such through route the Comthrough mission shall not (except as provided in section 3, and

except where one of the carriers is a water line), require any carrier by railroad, without its consent, to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith, which lies between the termini of such proposed through route, unless such inclusion of lines would make the through route unreasonably long as compared with another practicable through route which

could otherwise be established: Provided, That in time through routes in of shortage of equipment, congestion of traffic, or other

emergency declared by the Commission it may (either upon complaint or upon its own initiative without complaint, at once, if it so orders without answer or other formal pleadings by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine) establish temporarily such through routes as in its

opinion are necessary or desirable in the public interest. Unloading and (5) Transportation wholly by railroad of ordinary nary live stock at livestock in carload lots destined to or received at public publlo stock

stockyards shall include all necessary service of unloading and reloading en route, delivery at public stockyards of inbound shipments into suitable pens, and receipt and loading at such yards of outbound shipments, without extra charge therefor to the shipper,

consignee or owner, except in cases where the unloading When extra or reloading en route is at the request of the shipper,

consignee or owner, or to try an intermediate market,

or to comply with quarantine regulations. The ComCommission to mission may prescribe or approve just and reasonable prescribilesor ap- rules governing each of such excepted services. Nothing

in this paragraph shall be construed to affect the duties and liabilities of the carriers now existing by virtue of law respecting the transportation of other than ordinary livestock, or the duty of performing service as to shipments other than those to or from public stockyards.

(6) Whenever, after full hearing upon complaint or visions of joint upon its own initiative, the Commission is of opinion that

the divisions of joint rates, fares, or charges, applicable to the transportation of passengers or property, are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties

yards.

be

charge may made.

Commission

prescribe

ratos.

« PreviousContinue »