Sec. 6 Specify carriers changed if, in its judgment, not inconsistent with the public interest. Joint tariffs to (4) The names of the several carriers which are parties participating. to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the Commission such evidence of con34 Stat. L., 584. currence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necesof sary for the carriers filing the same to also file copies of the tariffs in which they are named as parties. Evidence concurrence; fect of filing. ef 24 Stat. L., 379. contracts and arrangements to be (5) Every common carrier subject to this Act shall Copies of traffic also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party. filed. 25 Stat. L., 855. (6) The Commission may determine and prescribe the form in which the schedules required by this section to be Commission kept open to public inspection shall be prepared and forms of sched- arranged and may change the form from time to time as shall be found expedient. may prescribe ules. engage in trans schedules filed Carrier not to (7) No carrier, unless otherwise provided by this Act, portation unless shall engage or participate in the transportation of pasand published. sengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater 24 Stat. L., 379. or less or different compensation for such transportation Published rates of passengers or property, or for any service in connection therewith, between the points named in such tariffs than 34 Stat. L., 584. the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs. to be strictly ob served. Preference and expedition of mil (8) That in time of war or threatened war preference Itary traffic dur. and precedence shall, upon the demand of the President 34 Stat. L., 584. of the United States, be given over all other traffic for ing war. the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned. (9) The Commission may reject and refuse to file any schedule that is tendered for filing which does not provide and give lawful notice of its effective date, and any schedule so rejected by the Commission shall be void and its use shall be unlawful. Sec. 6 39 Stat. L., 604. No embargo as to shipments for United States. 36 Stat. L., 539. Rejection of de fective schedules; use unlawful. Penalty for failure to comply (10) In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with the terms of any with regulation." regulation adopted and promulgated or any order made by the Commission under the provisions of this section, such carrier, receiver, or trustee shall be liable to a penalty of five hundred dollars for each such offense, and twenty-five dollars for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (11) If any common carrier subject to the provisions of this Act, after written request made upon the agent of such carrier hereinafter in this section referred to, by any person or company for a written statement of the rate or charge applicable to a described shipment between stated places under the schedules or tariffs to which such carrier is a party, shall refuse or omit to give such written statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person or company making such request suffers damage in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a line or route for which the proper rate is higher than the rate over another available line or route, or through entering into any sale or other contract whereunder such person or company obligates himself or itself to make such shipment of freight at his or its cost, then the said carrier shall be liable to a penalty of two hundred and fifty dollars, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Carrier to fur statement of rate. nish written Penalty for re ment of rate. fusal or misstate Name of car rier's agent to be (12) It shall be the duty of every carrier by railroad to keep at all times conspicuously posted in every station posted. where freight is received for transportation the name of an Sec. Additional jurisdiction of Commission over fic agent resident in the city, village, or town where such station is located, to whom application may be made for the information by this section required to be furnished on written request; and in case any carrier shall fail at any time to have such name so posted in any station, it shall be sufficient to address such request in substantially the following form: "The Station Agent of the Company at Station," together with the name of the proper post office, inserting the name of the carrier company and of the station in the blanks, and to serve the same by depositing the request so addressed, with postage thereon prepaid, in any post office. (13) When property may be or is transported from and water traf-point to point in the United States by rail and water through the Panama Canal or otherwise, the transporta37 Stat. L., 568. tion being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten: -physical con nection between rail lines dock. (a) To establish physical connection between the lines and of the rail carrier and the dock at which interchange of passengers or property is to be made by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of the railroad right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a track or tracks to -Commission the dock. The Commission shall have full authority to terms of construc- determine and prescribe the terms and conditions upon which these connecting tracks shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier: Provided, That construction required by the -finding of con- Commission under the provisions of this paragraph shall cessity requisite. be subject to the same restrictions as to findings of public convenience and necessity and other matters as is construction required under section 1 of this Act. may determine tion and opera tion. venience and ne -through routes and joint rates, rail and water carriers. (b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which 1 See Merchant Marine Act, post, page 178, and section 201, paragraph (c), Transportation Act, post, page 113. See section 500, Transportation Act, post, page 141. such lines shall be operated in the handling of the traffic embraced. Secs. 6 and 7 Additional jur isdiction over es proportionalrates (c) To establish proportional rates, or maximum, or minimum, or maximum and minimum proportional tablishment of rates, by rail to and from the ports to which the traffic is to and from ports. brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant proportional those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water. rates defined. and water ar United States to ments required (d) If any rail carrier subject to the Act to regulate through rall commerce enters into arrangements with any water car- rangements from rier operating from a port in the United States to a for- foreign country. eign country, through the Panama Canal or otherwise, for the handling of through business between interior points similar arrangeof the United States and such foreign country, the Inter- with other ocean state Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country.1 lines. 24 Stat. L., 379. con tinuous unless faith. SEC. 7. That it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any treated as Freight carriage combination, contract, or agreement, expressed or im- stoppage in good plied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid 1 The second paragraph of sec. 11(d) of the Panama Canal Act of August 24, 1912, reads as follows: Orders to be 37 Stat. L., 568. The orders of the Interstate Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the Commission of its made only after hearing. own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section [the amendments are to section 5, (9), (10), and (11), and to section 6 (13) (a) (b) (c) and (d)] shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the Commission made under the provisions of section fifteen of the Act to regulate commerce, orders, penalties. as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order. Enforcement of Bees, 8-10 24 Stat. L., 379. Civil liability of for damages Hon of Act. or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this Act. SEC. 8.1 That in case any common carrier subject to the common carriers provisions of this Act shall do, cause to be done, or permit sensed by viola to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, Attorney's fee. which attorney's fee shall be taxed and collected as part of the costs in the case. complain to Com United States court. SEC. 9. That any person or persons claiming to be damClaimant may aged by any common carrier subject to the provisions of mission or sue in this Act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which 24 Stat. L., 379. such common carrier may be liable under the provisions of this Act, in any district or circuit court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be Officers of de pending may compel any director, officer, receiver, trusto testify; im- tee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. fendant required munity. violations of Act porate officers, SEC. 10.2 [As amended March 2, 1889, June 18, 1910, Penaltics for and February 28, 1920.] (1) That any common carrier by carriers, cor- subject to the provisions of this Act, or, whenever such agents, or em common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person 24 Stat. L., 379. acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall ployees. 41 Stat. L., 483. 1 See sections 9, 13, 16, and 23; Elkins Act, page 88, section 3; Compulsory Testimony Act, page 90; and Immunity Act, page 91, post. See Elkins Act, post, page 85. |