Page:United States Statutes at Large Volume 44 Part 1.djvu/1666

 § ]_ _"TITLE» $9.--TR . purpose of entering the service of any' such cornmon carrier; and the term " familiw " as used in this paragraph shall include . the families of those persons named in this proviso, also the families of §;•ereons‘ killed, and the widows, dnrlng“widowhood and. miuorlchlldren `during minority of persons who died, while in the wrvice of any such common carrier. _Any·com1non ` carrier violating thia provmonjshell be deemed gguty oi a mia-' demeanor and for each omanee, on conviction, shall pay to the United States ‘a— penaltggsot not less than _§100 nor more than $2,000, and eny person, other than the persons excepted in this provision, who new any such interstate free ticket, free MSS. or freetraneportation shall be subject to a like penalty. Jurisdiction of offenses under this provision shell, be the same ea that provided for omeneee in sections 41, 42, and 48 ot chapter itotthistltle. ,.3. _ ‘» __ ° (8) Transportation of commodity mionhfacturcd ior proquoed by railroad forbidden.-—-It ‘ shall be unlawful for ‘any»rallroa41 company to l transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, `or to any foreign country, any article. or commodity, ·other than timber and the manufactured products thereof, manufactured, mined, or produced by lt, or under its authority, or which it may own' in whole or ul part, or in which it may here any interest, direct ‘or indirect, _ except such articles or commodities as may- be necessary and intended for its use in the conduct- of its business as a" common carrier. · _ h ~' ’ (9) Switch  end. tracks.--Any common carrier subject to the provisions of this chepter, upon application ot any lateral, breech line ot railroad, or of any shlppertendering interstate tmQc for transportation, shall! construct, maintain, and operate upon reasonable °terms’ a -switch connection with any such lateral, branch line' of railroad, or aprlyate ddetrack which may be constructed to connect with its railroad,. where such connection is reasonably- practicable and can be put ln with safety and, will furnish sn&cie¤t   to justify the construction and maintenance ot the same; and shall furnish cars for the movement ot auch tram to the bew of its ability without discrimination in favor of or against any such shipper. It any common carrier shall `tail to lnmll  operate any such switch oriconnection as atoreald, on appllmtion therefor in writing by any shipper or owner lot such 1mi·¤1,,l branch une ot railroad, `anch shipper or owner of such lateral, ebrslnob ` line of railroad may make complaint to the commission, aa - provided _ in •ection 18_ ot this chapter, end ·the mmmzeeoes ‘ (shall bur and investigate the same and eball determine as to the safety and practlcabillty thereof and jnstiucatlou and reasonable compassion therdor, and the coxnmlesion may make an order, as provided in action ,15 of the chapter, d1¥ the eognmon carrier to 'eomplye-with tbegprovlalonis of this section ln, accordance with snob order, and such order shell be enforced ne herdnatter provided for, the entorcemmt _ of all other orders by the commission, other than orders for the payrnentotnxoneyu _ -. { "_ A . ( _ ‘ (10) Y “Oar aervlco " §6#7\6¢I.··—·’I.`b$ tern; '“ cer mrvice " in. this chantcr shall include the me, control, snpply, movement, distribution, omchw, interchange, and return of ‘ locomotives, mrs, and other vehicles used in the traneportation of property, includlng special .t@ of _ eqnlpment, and the supvly of trains, by any carrier by railroad subject to this chapter,. , (11) ·D;g1y to rumen our •erv£oe;.•r·a1es ood •·emll¤»t€o·ns.·--·It shall be the dnty ot every drrier by railroad snbiect °to thla , chapter to_ furnish safe and adequate mr eerilce {nun to eetab¥ lish, obwrve, and enforce just and_ r@nable rnlm, rmxtions, and hracticm with respect to car serviwfand every tm- Jnet and unreasonable, rule,. regulation, and practice with re- _ speci: to car·horvlce is prohibited and declared to M unlawful. _ (12) Di.st»·lbution or coal care; iollhre. to prorateg epenaltye-— It shall alsmbe theduty of every carrier byrallroad to malts

oA}¢s1>0m·ur10N ~ - 1652 Jost gud reasonable distribution of can for transportation ot coal among tha coal mlxim served by lt, whether locdtod hpou _ · its `liué. or lilies or customarily dépemdépt ipmjt fo; car, supply, Duriuk auyipeum won the supply ot cars avaikblo for "such. " Yservlcé docs not equ¤l·_th;·‘roquircmwts of such mince it umu be the duty ot tlrolcarrier- to  ind aovirjuu and ' wasopnblo ratings of such mins and to co-out m& md cvcrjr ‘C§1'_f¤1‘I1i8h8d to or used by my such mine for tnnswttstlom ot ” coal aqlnst the-mine. Failgxre or rd& no to do éhallbo unlgwtul, ond in mcspoct ot oooh at 'not so t-M   bo. doomed apmparéto o¤o¤ge, and tlm ctrtiér. tecdvog, A or opcrhtl · ing trustee be failing or minding forfolbto tho United - States the sum ot $100 for each offense; whico my be recovered in a civil action brought by tho Uaitod Staten. - = (13) Rules msdrcgvlahcnh as to cor   to §c_N¤¢. ctc.-- ‘The`comm1séio¤ is gctllorlmd by_  cx mcclalorécrs to require dll- carriers by railroad subjhct to this chnptu, or any ¤nncm,:¤»mew1¢n1£1r¤m omewumwmmamcrega. lotions with respect. to car service, and the  may, ln its d1S¢!€u0D,'dlI€9t·th&‘t such rules no rcgolstionowll bo incorporated in their  showiugrstzs, fares, and ichargos for transportation, and be  tolmy or all of the proyisioixs ° ot this chapter roloting thereto. · · _ _, ,*4 (14)_`EstabM,shme·pt_ by  of moles, eto.,·¢• to ow ,servico.—-The commission may, after- hearing, oai n complaint pr upon its" oyvn lnitiatlvé without complaint, mtablish masonable rules, rogulations, and practices with respect to mr service by carriers by rdilrood subject to this chapter, including tho compensdtion to be paid for the uso of any locomotive, car, ox l" other tchiclo hotxowned by the carrier using it, and the penaltlos or- other sanctions · for nonobsorvanco ot such- rules, regulations or practices. ; = » · . . _ - ” ‘ —, (15) Power: of commission in one of emcr·9es•cy.J-·Whe¤· ‘ evo1·_the`commission· is ot opinion that shortage ot -m¤ipmo¤t, · congeétiori or tramc, or iotllor emergency tcqulrlng immedidto action exists lnfauy section of tho country, tho comisslop shall havo, cod it_.i• given, authority, oithu _¤D<>n complaiht om: upon its own iultiativo without complaint, at; once, it it so “ orders, without answor or otlaoi formal plmding by tho ·lntex·· wtod carrier or carriers; and with or ·wltl1out notice, baring, ‘ jo: tho mokipg for tiling ot an rqport, according in tim commission · may dc1Ecrml¤c:·(n)_ to suspgpwd the opcratloo,-o1' mj or all` c `fialcs, regulations, or practices than ostghiiéhcd with: t to car sorvico for auch time as may `M determined by tho;.com· ‘ missioxi; (b) to- I make sixch just and xjoammblc diroct1om_ with rospoct; to car service without regard to tho owécrsbip on bctwccn ¢8;1'd6!’8-Q! locomodvob, cars, and other vgiclos, during such emergency as lin its opinion will ohm promote the service in the interest of the public cud the commerce ot, tho . cpooplo, upon such terms ot compcnsystlop as  tho. carriers out they may gcgfoc ¤pop,_ ox, in tho wont of tbotr dis- ` agreement, ns. the commission mai after subsequent hcsrim nod, to be justind ransom-ble: (c) to roqulré mh joint- or common] uso of tcrmln¤ls,_l¤cl¤dlnz`m¤¤·Hno track ox trackstor ‘n 'rowoncblc olstonco ouwdoot such @@1; _¢s_ in im opinion. will best mm the emergency ud scxyo tho public "i¤tcro¤tQ ond upon such t¤&·m¤—n potzwaoxrthe caprlexa an they- maymgrco upon, or, ln the smut of ttm.: mag:-m¤m,,¤l the commission may after subseqtiont l1ocri¤g`m1d§o bojust and rca@blo; and (cl) to’glvo.d1roctionc io: profeieucc or prior- ¥ ity to transportation, omb0.rgom,or movcmoht ot mmc uizndor periults, at such time and for `mch periods no itfmay deton- 1j1lno,.a¤d ·to m0dU1,.wQh&l1KQ, .¤u@d, or mmol them. In tlmo ofewnr or throats-had war the Pmldent may certify- to the commiséioif that it in omentialto the bottom! dotonsc and swixrity fthnt cortaixi trnmc shall havo preference or priority _ . in t;·s.¤sport•;tion, md the commlscioxfghhll, mpnacx the powcxj