Page:United States Statutes at Large Volume 41 Part 1.djvu/508

 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 91. 1920. 487 Commission shall have, and it is hereby given, authority, either upon ’¤*·*¤¤'°“*"'°" *°’· complaint or upon its own initiative without complaint, at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers}; bpigéilplgn reaponalgle notgce, tohenter u on a heari concerning the a ess o suc rate, are, c arge ciiissificationflgegulation, or practice; and pending such hearing and ,,§,§£§’,’}°i°” ’°”‘u“‘ the decision thereon the Commission, upon filing with such schedule ‘ and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, mai suspend the operation of such schedule and defer the use of suc rate, fare,_ charge, classification, regulation, or practice, but not for a longer period than Limit V one hundred an twenty days beyond the time when 1t would otherwise go into effect; and after full hearing, whether completed before Fi¤¤*d°*°*’¤*¤¤“°¤· or after the rate, fare, charge, classification, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after rt had become effective. If any such hearing can not be concluded within m§ge§,?°¤¤*°¤ °*· the period of suspension, as above stated, the Commission may extend the time of suspenson for a further period not exceeding thirty days, and if the proceedinfg has not been concluded and an q—,,mp.,m·y W-me order made at the expiration 0 such thirty days, the proposed °‘°“· change of rate, fare, c arge, classification, regulation, or practice shall go into effect at the end of such period, but, in case of a pro- ¥;¤¤m%g;1§¤¤g¤:;i posed increased rate or charge for or in res(pect to the transportation i£v§f Y S ` of property, the Commission may by or er require the interested carrier or carriers to keep accurate account in detail of all amounts received by reason of suc increase, specifying by whom and in whose behalf such amounts are plaid, and upon completion of the hearing and_decision may by furt er order require the interested carrier or carriers to refun, with interest, to the persons in whose behalf such amounts were paid such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing m- H¤:g1¤£¤¤ gaminvolving a rate, fare, or chargle increased after January 1, 1910, or of Yfiiit, °° °°°°" a rate, fare, or charge soug t to be increased after the passage of this Act, the burden of proof to show that the increased rate, fare, or charge, or proposed increased rate, fare or charge, is just and reasona le shall_ e upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all othergpuestions pending before it and decide the same as speedily as ossr e." gse. 419. The fifth paragraph of section 15 of the Interstate bo§’gg°¢’°P”° ”“‘“‘ Commerce Act is hereby amended by inserting " (8)" at the begin- V¤I;36»P·5$3· ning of such &:ragraph. Sec. 420. tion 15 of the Interstate Commerce Act is hereby N°"”‘““°'· amended by inserting after the fifth paragraph two new paragraphs, to read as follows: " (9) Whenever property is diverted or delivered by one carrier ml;*",§0',§',‘§.§’,y‘¥i°’§°‘$,§ to another carrier contrary to routing instructions in the bill of mféstmmeps. lading, unless such diversion or delivery is in compliance with a lawful mr, bmw ° order, rule, or regulation of the Commission, such carriers shall, in a suit or action in any court of competent jurisdiction, be jointly and severally liable to the carrier thus deprived of its right to participate in the haul of the property, for the total amount of the rate or charge it would have received had it participated in the haul of the rop- somnbgigybigraae erty: The carrler to which the property is thus diverted shag H0t °°¤°°°° Y ` be_l1able in_such suit or action if it can show, the burden of proof being upon it, that before carrying the property it had no notice, by bill of lading, waybill or otherwise, of the routing instructions. In any judgment which may be rendered the plaintiff shall be allowed to recover against the defendant a reasonable attomey’s fee to be taxed in the case. ·