Page:United States Statutes at Large Volume 44 Part 1.djvu/1547

 1533 _ -TIflZLE 46. than $25,000 for each offense, f (Sept. 7, ’1916,#c. ,451, 5 14, 31 stat. 7333 Jnne'5, 19%, cv. @0, F20, 41 *Stat.__996. )\· r _ _ ·~ 813. Determination by board as to violationsn-—'I'he boare upon its own initiative may, or npon .eomplaint”sl1all,_ after dnl notice to all parties in mcemti and hmrlng, determine wnethe any person; ml; a citizen of the United States and engaged 11 · transportation by water [of passengers or property-? » _` \ (1) Has riolaled any provision of =tl1e. preceding section,. o, (2) Is a party to any combination, agreement, or under , Standing, exprees or =lznplled,· that involves in respect to tram portatiori of passengers or property between foreign ports, de {erred rewtes or any other unfair practice designated in th preceding §ction, and that excludes from adrnission upon eqna — terms with all otherparties theretof a common carrier, by wate ‘ anion is a citizen of the United States and which has appliel for saclx admission. A · _ V _· _ — ’ If the board determines that any anch person has violate ·' any Such provision or is a party ». to any ouch combinatiom agreement, or understanding, the board shall thereupon certif such fact to the Secretary of Comnlerce. The Secretary. sha] { thereafter (refuse such Lperson the right of entry for any shi; owned or operated by; him or by any carrier directly or indi rectly controlled by him, into. anyaport of the United States, 0 any Territory, District, or-_ posseasign thereof, until the boan certldee that the violation has ceased or such . combination agreement, or understanding has been termlnated.‘, (Sept. *7 1916, c. 451,1 14a; Jnne_5,'¢1920, c. 250, §,.2<£ 4lVStat. 998f) ; F 814. Contracts between carriers fled with board.+—’Ever; common mrrier by water, -‘ or other person énbject to thi chapter, shall die immediately with tbe board a true copy, 01 if oral, a trneandcomplete memorandum, 401 every agreemeni with another snob carrlere or other person subject to thi chapter, or modidmtion or cancellation ‘the_reof, to‘ which i may be a party or. conform in, whole or in part, dxing o regulating trans • l rtntion ” rates or faresi glviny or reoelvin; special rat&, accommodations, or other special privilege; o ` advantages}   rmnlatlng, preventing, or destroyln4 3 _ competition; pooling or apportioning earnings, lmao, or traMc 'allottlng ports or restricting or otherwise regulating tho num ber and character of sallings between ports; limiting or regu letlng in any way the wolmne or character of freight o pa x     or treme to be earried; or in any gnanner. providing fo an exclusive, preforentlnl,1‘or cooperativeworklng •.rra¤K¤@en1 The term “ agreement" in this section inoludes understandings " oonferenem, and other arrangements. -2 e · ‘_ Y " »~ The   may by" order disapprove; eancel, oi modify an; agreement, or any modidmdon or cancellation thereof, whethe "or not previously approrcd by it, that it »dnds to be "onjnstl; discriminatory or  as between- carriers,. _ shippers, en as l porters, importers, or ports, or between exporters from th United States and their foreign competitors or s to omrate t the detriment of the commerce of the United States, or to arb iu violation of  chapter, and shall approve all other agree ments, modidea tions; or cancellations. E, _ i f " Agreements existing at the time of the organization! of th board shall M lawful nntll disapproved by the board. It be unlawful to carry ont any agrmment or any portion theroo diaapproyed by. theboard. V l A   ·- y ‘ »·, , All agreements, gnodtdétiona, or·canee5l®l>ations made after th organization of the board shall be lawfnl only when and a long, as approved by the board, and before approval or 'afte disapproval it shall be unlawful to Aearry out in. whole or iz part, dlrectly · or indirectly, any snob agreement, xnodi-ileatior - or eanoellation. ._ f s ‘   a, h Every agreement, modidoation, or mncellation lawful undo this section shall be exeepted from theprovieions of aeotiona to 11, inclusive, and section 15 of chapter 1, of Tlt1e 15, (lou umm: ann Tune, and amen  ll  _ ta‘·aad”Aots aupplementar; thereto; l f ·   l ~

.--=SHIPPING § 817 9 Whoever violates anmprovision neo! this section shall be liable f to a penalty ot $]t,000_ for each day t such violation contimies, 3. to be recovered by the United Statw in a civil [action. .( Sept; e, 7, 1916, c., 451, {15, 39 Statf733.) `_  '»   ’ 1- l 815. · Discriminatory acts proldbited.-———It shall be unlawful n for any common carrier by water, or other person subject to thisychapter, either alone not in conjunction with any other r .pet‘s0n,; directly or indirectly-`. _ ‘ { - ~ t, · ·. r- _ First. To make or give any undue or nnreasonable preier-° a- ;_once or` advantage to any partienlar. person, locality, or descrip- >-_ tion of traffic in any respect whatsoever, or tosubject any mre ttcu1ar person, locality, or description of ttamc to any undue or tl unreasonable prejudice or disadvantage in any respect whatg 1* soever. - i · _, » .· d_ “Second. To allow any. person to obtain transportation for ' property at-less than the`regulax;_ratcs then established and enti? forced on the line of such carrier, by means of false billing, t; false classification, false weighing, false report of, weight, or by y. any other unjust. or unfair devlce or means, ~. I tl _ .Third. To induce, persuade, or otherwise inhnenco any p marine insurance company or nndexwvriter, or agent tset·eez,, lé `inot to give a competing carrier by water as favorable 'a rate r of insurance on vessel or cargo, having Eine regard to the class ‘ot·vessel_ or CQl‘gQ,_&S iS"g1`&I1Q(1,t0';?8\I(5h carrtexwor other person n, subject to this {chapter. (Sept. 7;.1916,1:. 451, §· 16, .39 _ · /816. Discriminatory rates prohihitml; supervision by 7 bpu·d}j-No common cayrier bynwater in foxtelgnxcommoroe shall ‘ 8 demand, charge, or collect any rate, gfare, or charge which is Q. unjustly discriminatory between shippers or ports; or aniastly 1 t. prejudicial to exporters ot the Uniteds States & compared with S . their toireigu competitors. Wheneve1·";the·wrd ends that any ti such rate, fare, or change is demanded, charged, or collected r_ it may —alter— the same to fthe extent necessary to comteet such 5 unjust dlscxrimlnation or, prejudice and make an order- that the r` carrier shall dlscontinue demanding, charging, or collecting E any` such unjustly discriminatory or prejudicial rate, fare, or S charge. ", · a ,` _ _ s·  t- Every such `catgler and _ eirerjt other person" snhieet for this ‘ 1·· able regulations and practices relating to ox? connected with Y the teceiéing, handling, storing, or delivering ot, pr~operty.° l L Whenever the board Ends that any each regulation or practice A _ order enforcedt a just and F§8·sonahle regulation os `practice. t. !'· (Sept. ..1, 1916, e. 451,1 17, 39 Stat. 734.) E E. 817. Carrier! to mtnhlish, observe, and enforce reasonable ~ Y` rates and regulations.--·Evevy common mrrier by water, is he lntonstate assess shall establish, observfeg and enforce just ¤ and reasonable rates, fares, chargm, cxsmsceaoss, and tartds, ° ‘ and just and, reasonable rmslations, and practices relating § thereto and to the " issuance, form, and substance of tickets, reg —*‘· eelpts, and bills ot lading, the manner and method ot present- UK. ¤181‘ki¤€. Dmtking. · and delivering propoirty for etransportat' tion, the eai:·rying ot seasonal, sample, and exchss baggage, the U facilities for transportation, and all other matters relating, to or ` on delivering of property. · * e · ” a s e Every, such carrie: shall die with the board and keep open s to public inspection, in the form and manner and within the or time ptescribed hy the hoard, the maximum rates,. fares, and ¤ chafges for or in connection with transportation between points lt on its own i'otite—; and if athrough route has been established, M the maximum ratos,,fares, and charges for or ln wzonnsotion r with tmnspoitatton between points on its own route and points 1 cnf the route of any other catsrter hi water. ‘ _ s· _ t-·» No such carrier shall demand, charge, ot- collect a greater y_ compensation, for such transportation than the rates, fares, ‘ and charges died in coxnpllancetwith this section, except with -
 * " chapter shall establish, observe, and enforce `jnst —. and reasonl
 * • is nnjust or unreasonable it may dete1mine,·_presctihe, and
 * f connected with- the 1*eceiving,.hand1lng, transporting; storing,