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through bill of


space on reserved.

Sees. 25 and 26

ficiently important, from the standpoint of the export trade, to be so specified by the Commission shall have opportunity to know the sailings and routes, and to ascertain the transportation charges of such vessels engaged in foreign commerce. Each railway carrier to which such publication is furnished by the Commission is hereby required to distribute the same as aforesaid and to maintain such publication as it is issued from time to time, in the hands of its agents. The Commission is authorized to make such rules and regulations not inconsistent herewith respecting the distribution and maintenance of such publications in the several communities so specified as will further the intent of this

section. Issuanco. of (4) When any consignor delivers a shipment of proplading when erty to any of the places so specified by the Commission,

to be delivered by a railway carrier to one of the vessels upon which space has been reserved at a specified rate previously ascertained, as provided herein, for the transportation by water from and for a port named in the aforesaid schedule, the railway carrier shall issue a

through bill of lading to the point of destination. Such Separate state- bill of lading shall name separately the charge to be paid

for the railway transportation, water transportation, and

port charges, if any, not included in the rail or water Railroad not li- transportation charge; but the carrier by railroad shall

not be liable to the consignor, consignee, or other person interested in the shipment after its delivery to the vessel. The Commission shall, in such manner as will preserve for the carrier by water the protection of limited liability

provided by law, make such rules and regulations not inForm ofthrough consistent herewith as will prescribe the form of such be prescribed. through bill of lading. In all such cases it shall be the

Railroad to de- duty of the carrier by railroad to deliver such shipment liver shipment to

to the vessel as a part of its undertaking as a common

carrier. Through b11 (5) The issuance of a through bill of lading covering for continuous shipments provided for herein shall not be held to consti

tute'an arrangementfor continuous carriage or shipment"

within the meaning of this Act. Commission SEC. 26." (Added February 28, 1920.] That the Commisstallation of train- sion may, after investigation, order any carrier by railother safety dë- road subject to this Act, within a time specified in the

order, to install automatic train-stop or train-control de

ment of charges.

able after delivary to vessel.


carriage or shipment.

may require in

stop or control, or


1 See Block Signal Resolution, post, page 208.

41 Stat. L., 498. Effect of not intalling such do vices on portions of road not in

Sec. 27 vices or other safety devices, which comply with specifications and requirements prescribed by the Commission, thetatur : upon the whole or any part of its railroad, such order to sfices be issued and published at least two years before the date oudean

cluded in order. specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon a portion of its railroad not included in the order; and any action arising because of an accident happening upon such portion of its railroad shall be determined without consideration of the use of such devices Penalty. upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States.

Sec. 27. [Added February 28, 1920.] That this Act may Act ta tited as be cited as the “Interstate Commerce Act.”

"Interstate Commerce Act."



34 Stat. L., 884. [Additional provisions in Act of June 29, 1906.] (SEC. 9.) Applicability oi That all existing laws relating to the attendance of wit- aid of evidence." nesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act.

(SEC. 10.) That all laws and parts of laws in conflict Conflicting laws with the provisions of this Act are hereby repealed; but the amendments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.

34 Stat. L., 584. (SEC. 11.) That this Act shall take effect and be in force from and after its passage.

Joint resolution of June 30, 1906, provides: “That the effect extended to Act entitled 'An Act to amend an Act entitled "An Act to regulate commerce,” approved February 4, 1887, and all

34 Stat. L., 838. Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission,' shall take effect and be in force sixty days after its approval by the President of the United States."

[Additional provisions in Act of June 18, 1910.) (Sec. designato agent 6, par. 2.) It shall be the duty of every common carrier for purposes of subject to the provisions of this Act, within sixty days

When act effective.

Time of taking

Aug. 28, 1906.

Carriers must agent.

in Washington


after the taking effect of this Act, to designate in writing 36 Stat. L., 539. an agent in the city of Washington, District of Columbia,

upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said Commerce Court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may

from time to time be changed by like writing similarly Service on such filed; and thereupon service of all notices and processes

may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent,

service of any notice or other process in any proceeding by post- before said Interstate Commerce Commission or Coming, notice of merce Court may be made by posting such notice or

process in the office of the secretary of the Interstate

Commerce Commission. 36 Stat. L., 539. (SEC. 15.) That nothing in this Act contained shall

undo or impair any proceedings heretofore taken by or

before the Interstate Commerce Commission or any of tion unaffected. the acts of said Commission; and in any cases, proceed

ings, or matters now pending before it, the Commission may exercise any of the powers hereby conferred upon it,

as would be proper in cases, proceedings, or matters hereli- after initiated and nothing in this Act contained shall

operate to release or affect any obligation, liability, penalty, or forfeiture heretofore existing against or incurred

by any person, corporation, or association. 36 Stat. L., 539. (SEC. 18.) That this Act shall take effect and be in

force from and after the expiration of sixty days after Act effective its passage, except as to sections twelve and sixteen, which August 17, 1910. sections shall take effect and be in force immediately.

27. [Provision in Sundry Civil Appropriations Act, August 1,

1914.] It shall be the duty of every common carrier Transportation "Y

on by railroad whose property is being valued under the

101 of Commission's Act of March first, nineteen hundred and thirteen, to and supplies.

transport the engineers, field parties, and other employees of the United States who are actually engaged in making surveys and other examination of the physical property of said carrier necessary to execute said Act from point to point on said railroad as may be reasonably required by them in the actual discharge of their duties; and, also,

Pending litiga

Existing liabilities unaffected.

38 Stat. I..,



Free transpor

of Cincinnati Southern Rail.

e to move from point to point and store at such points as i may be reasonably required the cars of the United States in which are being used to house and maintain said em

ployees; and, also, to carry the supplies necessary to maintain said employees and the other property of the United States actually used on said railroad in said work of valuation. The service above required shall be regarded as a special service and shall be rendered under such forms and regulations and for such reasonable compensation as may be frescribed by the Interstate Commerce Commission and as will insure an accurate record and account of the service rendered by the railroad, and such evidence of transportation; bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission.

[Act of February 17, 1917.] Nothing contained in 39 Stat. L., 9:22. the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, or the tallone Acts amendatory thereof, shall be so construed by se the Interstate Commerce Commission, or by the courts, way. as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assumed in leasing said railway to furnish free transportation to the trustees of said Cincinnati Southern Railway, their officers and agents: Provided, That the free transportation referred to shall be furnished only when persons entitled thereto are traveling on the business of the company.

[Provisions in Army Appropriation Act, August 29, 39 Stat. L., 646. 1916.) Hereafter nothing in the Act of February fourth, eighteen hundred and eighty-seven, known as the Act to Reduced rates regulate commerce, or any amendments thereto, shall be National Guard. construed to prohibit any common carrier from giving reduced rates for members of National Guard organizations traveling to and from joint encampments with the Regular Army.

[Provision from the Post Office Department Appropria- 39 Sta tion Act, July 28, 1916.] That hereafter every railroad Carriage iree company carrying the mails shall carry on any train it offic operates and without extra charge therefor the persons mént. in charge of the mails and when on duty and traveling to and from duty, and all duly accredited agents and officers of the Post Office Department and the Railway Mail Service and Post Office inspectors while traveling on official business, upon the exhibition of their credentials.

Reduced rates for members of

ost Office Departme every railroad carponge post

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of agents and officers of Post Office Departe

Removal of causes,&mount in rogtroversy.

merce and other

ble to Porto Rico.

3 Stat. L., Z18. (Act of January 21, 1914.) No suit brought in any

State court of competent jurisdiction against a railroad company, or other corporation, or person, engaged in and carrying on the business of a common carrier, to recover damages for delay, loss of, or injury to propperty received for transportation by such common carrier under section twenty of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, as amended June twenty-ninth, nineteen hundred and six, April thirteenth, nineteen hundred and eight, February twenty-fifth, nineteen hundred and nine, and June eighteenth, nineteen hundred and ten, shall be removed to any court of the United States where the matter in controversy does not exceed,

exclusive of interests and costs, the sum or value of $3,000. 39 Stat. L., 964. (Provision in Act to provide a Civil Government for

Porto Rico, March 2, 1917.] The interstate-commerce Interstate Com- Act and the several amendments made or to be made Acts not applica- thereto, the safety-appliance Acts and the several

amendments made or to be made thereto, and the Act of Congress entitled “An Act to amend an Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their stocks, bonds, and other securities," approved March first, nineteen hundred and thirteen, shall not apply to

Porto Rico. 37 Stat. L., 567. [Provision in Panama Canal Act, August 24, 1912.) No Violators of vessel permitted to engage in the coastwise or foreign not to use Pana- trade of the United States shall be permitted to enter

or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," or the provisions of sections seventy-three to seventy. seven, both inclusive, of an Act approved August twentyseventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue for the Govern. ment, and for other purposes,” or the provisions of any other Act of Congress amending or supplementing the said Act of July second, eighteen hundred and ninety,

antitrust act

ma Capal.

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