Page:United States Statutes at Large Volume 41 Part 1.djvu/1017

 996 SIXTY—SIXTH CONGRESS. Sess. II. Ch. 250. 1920. w§g}}m°¤ °°”‘°'$ by Sec. 20. (1) That section 14 of the Shipping Act, 1916, as amended, v¤1.ze,p.v3s,amend- is amended to read as follows: odépecitic restriction "Ssc. 14. That no common carrier by water shall, directly or in- projgertg between a. port of a State, Territory, District, or {possession of the 'nited States and any other such port or a port o a foreign country,— b-?1{¤wi¤gd¤f¤¤¤dr¤~ "First. Pay, or allow, or enter into any combination, agreement, 3 °°` or understanding, express or implied, to ay or allow, a deferred re- D¢¤¤i=i¤¤· bate to any shipper. The term ‘deferred) rebate' in this Act means a return of an portion of the freight money by a carrier to any shipper as a consideration for the giving of all or any portion of his shi ments to the same or any other carrier, or for any other ipurpose, tllie payment of which is deferred beyond the comp etion 0 the service or which it is paid, and is made only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement or arrangement. Usincaghringships. "Second. Use a fighting shi either separately or· m cogjunction with any other carrier, througii agreement or otherwise. he term Deamnon. ‘fighting ship’ in this Act means a vessel used in a particular trade by a carrier or group of carriers for the purpose of exc uding, preventingdor reducing competition by driving another carrier out of said tra e. aeenaaug, ac., "Third. Retaliate against any shipper by refusinlg, or threatening “g“““ S“""’°”‘ to refuse, space accommodations when such are ava` able, or resort to other discriminating or unfair methods, because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment, or for any other reason. cdkggiggwmgg eg; "Fourth. Make any unfair or unjustly discriminatory contract summa. pp " with any shipper based on the volume of freight offered, or unfairly _ _ treat or unjustly discriminate against any shipper in the matter of D°'g‘ls‘ (a) cargo space accommodations or other facilities, due regard being nad for the proper loading of the vessel and the available tonnage; (bri the loading and landing of freight in proper condition; or (c) the adjustment and settlement of claims. tiP*{¤¤“Y mf ***0*8- "Any carrier who violates any provision of this section shall be °°°' guilty of a misdemeanor punisha le by a fine of not more than $25,000 for each offense/’ N¤WS¤¤¤¤¤· (2) The Shipping Act, 1916, as amended, is amended by inserting after section 14 a new section to read as follows: B;j_;g;¤¤jg=$gg¤0,pyg "Sec. 14a. The board upon its own initiative may, or uipon comsonsndt citizens. plaint shall, ilflZ01‘ (IHS DOUC6 to 8ill p&l‘lDlGS 111 1Hi»B1`6Sl} 8.11 lZ1G€tI'1I1g, determine whether any person, not a citizen of the United States and engaged in transportation by water of passengers or pr0perty— targets; or asm " (1) as violated any provision of section 14, or P','1;§;?“i;, c_,,,,.,,,,_,_ " (2) Is a party to any combination, agreement, or understanding, t3;g$;mg=¤éwage¤;=—_§ express or implied, that involves in respect to transportation of pas- ééee. ° " sengeis or property between foreign ports, deferre rebates or any other unfair practice desiglnated in section 14, and that excludes from admission upon equa terms with all other arties thereto, a common carrier by water which is a citizen of the United States and which has applied for such admission. t,§rgv¢j_¤¤{g tg;  "I,f theboard determines that any such person has violated any rirykiectmmme. such provision or is a party to any such combination, agreement, or _ understandin? the board shall thereupon certify such fact to the ,,Q;§§Q,,2§,“§§;Q°§f; Secretary of ommerce. The Secretary shall thereafter refuse such a¤¤¤ ¤¤¤¤- er-son the right of entry for any ship owned or o erated by him or - by any carrier directly or indirectly controlled by him, into any port of the United States, or any Territory, District, or ossession thereof, until the board certifies that the violation has ceased or such combination, agreement, or understanding has been terminated?
 * ’;g${’,°,,j§§Q,§’S”b‘;}‘h directly, in respect to the transportation by water of passengers_ or