Page:United States Statutes at Large Volume 41 Part 1.djvu/501

 480 SIXTY-SIXTH CONGRESS. Sess. II. C11. 91. 1920. ¤¤*¤P°¤¤¤°¤ W- tion in condemnation roceedm' gsi Such com sation shall be paid or adequately secured before the enjpymenlsmiif the use may be 5¤**“*¤'¤¤¤¤$**i$· commenced. If under this p the use of such terminal Mw"' facilities of any carrier is to be given to_ another carrier or other carriers, and the carrier whose terrmnal facihties are required to be so used is not satisfied with the terms fixed for such use, or if the ammmt of compensation so fixed is not duly and prornptl paid, the carrier whose terminal facilities have thus been   to be `ven to another carrier or other carriers shall be entitle to recover, gy suit or action against such other carrier or carriers, proper damages for any injuries sustained by it as the result of comggance with such requirement, or just compensation for such use, or th, as the case ma be." ‘ !·¤¤¢·¤¤¤¤¤¤l¤°**· Sec.  Section 4 of the Interstate Commerce Act is hereby { amegded to(r;>a&l‘h;s follogiaii b unl f ·_ GMW *****8* P' " no. 4. 1 t it s e a or any common camer- $h•:»?¤v`l•i¤°li•l:ii°.g£ subject to the provisions of this Act to charge or receive any greater °”"""'1‘ com sation m the aggregate for the transportation of passengers, or oixlilre kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the s orter being included within the longer distance, or to charge any greater compensation as a through rate than the agfegate of the mtermediate vu.sa,p.m,¤¤¤¤a- rates sub'ect to the provisions of this ct, but_ this shall not be °‘·  as authorizing any common carrier within Phe terlms of mm. t Act to c or receive as t compensation or a s orter ,,,g,",§°""°°"‘°"’°""* as for a l ce: P t upon application to the Commission such common carrier may in special cases, after investigation, be authorized by the Commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved ,,,,,,"?,‘§‘,E’°""°°" '°' from the operation of this section; but in exercising the authority conferred uplqp it in this proviso the Commission s all not permit the establis ent of any charge to or from the more distant point mmimim m_ that is not reasonably compensatory for the service performed; ,.,,mgpm,,,°° and if a circuitous rail hne or route is, because of suc circuity, granted authority to meet the charges of a more direct line or route to or from competitive points and to maintain higher charges to or from intermediate points on its line, the authority shall not include intermediate pomts as to which the haul of the petitioning line or route is not longer than that of the direct line or route between the wa¤r¤¤¤¤p•¤¤¤¤- competitive points; and no such authorization shall be granted on account of merely potential water competition not actually in ex- '“°°· “‘°·· istence: Ami grounded further That rates, fares, or charges exxstin at the time of the passage of this amendatory Act by virtue of orders of the Commission or as to which application has theretofore been filed with the Commission and not yet acted upon, shall not be required to be changed by reason of the provisions of this section until the further order of or a determination by the Commission. “¤•-stdcgggs rggxuggé "(2) Wherever a earner by railroad shall in competition with a raging? water comps- water route or routes reduce the rates on the carriage of any species ”“‘”‘· of freight to or from competitive points it shall not be permitted to increase such rates unless after hearing by the Commission it shall be found that such proposed increase rests upon changed conditions other than the elimmatnon of water competition? P°°u¤8 ¤f¤¤i&¤*=· Sec. 407. The first paragrgph of section 5 of the Interstate Comt merce Act is hereby amend to read as follows: b;f¢’mg,'?,;°g§$· " °·· **SEo, p, (1) f1`hat,_ except upon specific atpproval by order of the Jo!-¤4.1>-3¤¤.•¤¤¤¤¤· Commission as m this_section provided, an except as provided in am, p.m. paragraph (16) of section 1 of this Act, it shall be unlawful for any common carrier subject to this Act to enter into any contract,