Page:United States Statutes at Large Volume 44 Part 1.djvu/1667

 ‘\ i v 1653 __ Trams 49.-TR herein conferred, direct that such. preference or priority be afforded.- · A ‘ l  ‘ Q l ·· - ` · (16) Rcrouting of tramcron failure of initial carmierjo serve puldios-Whenever the commission pls of opinion that any carrier by railroad subject to this chapter is for any reason unable to transport the traillc offered it  as properly to serve me public, it may, upon the same procedure as provlded *1xj paragraph ·(15), make‘,snch_ just. and reasonable directionslwith or such carrier and lts distribution. over other lines; ot roads, as as the opinion of the commission will best promote the service in the interest of the public andthe commerce of the people, and upon snch terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the commission may after subsequent hearing ilnd to be`just and reasonable. (11) Directions of cozmnission as to our service; disobedience; rights or States.-——The directions of the commission as to car service and to the, matters referred to inQ_.paragraphs’ (15) and (16) may be made throughand by such agents or agencies as the commission shall deslgmlte and·appoint· for thatpnrs pose} It shall be theduty of all] carriers by_rail1·°oad.subject to this chapter, and `ot thirtotilcers, ., agents, and employees, to obey strictlyand conform promptly to such orders orc directions of the commissiomand in case of {allure or refusal on the part of any carrier, receiver, lorwoperating trustee to comply with any- such 'order or direction such carrler, receiver, or trustee shall be liable to a penalty of not 1ess.than`$100 nor more than $50Q‘·for each such otfeuse and. $50 for each and gévery day of the continuance · ot such offense, whlch 'shall accrue to the United “States and may be. recovered `ln a lcivll action brought- by the‘Ui1lted States :_Pro1:a'dod,_ hmocvor, That nothing in this chapter shall impair or atfect the right ot a" State, in the exercise of its police power, to require just » and reasonable freight and passenger service for intrastate business; except ln so' far as such requirement is inconsistent with any lawful order ot the commlsslorfmado under the proylsions of this chapterf  b       ._ i ~ _ ` ·(18) Extension or abandonment ~of linen; certijlcate are- ` quired.-gNp carrier by `_ railroad subject to this chapter shall undertake the extension of its line ot railroad, or   construction.o1' a- new line ot railroad, Mor shall acquire oroperate any line ot railroad, or extension thereof, or shall engage in transportaption under this chapter over or ,by means of such additional or extended une of railroad, unless and uutilnthere shall tirstl have been obtained from the commission acertitlcate that " the present or future pub·llc”convenience` and n‘ecessiti"reqnire l or will require the construction, ·or operation, or construction and operation, otsncln additional or extended line of railroad, and no carrler 'liy railroad subject to this chaptershall abandon all or any portionota line of railroad, or theoperation thereof, unless and until there shall first have beenobtained from the commission a certiiicate that thepresent or future public convenience and necessity permit of such abandonment. » (19) Application for, cerliilcato of com·mlss£oh,·.··n0Hco‘.and hcm·ing.—The applicationtor andaissuance of any such certlil- ' cate shallbo under such rules and regulations as to hearings andother- matters as the commission may from time to tlme Dlfescribe, and the provisions ot this chapter shall apply to ‘ all such proceedings. _ Upon receipt Hof any application for such certificate the commission @all cause notice thereof to 'be given to and a copy Bled with the governor ot each · State in ‘ Whlch, such additional or extendedline of railroad is proposed to be constructed or operated, or all or any portion of a line or railroad, or the operation thereof, is proposed to 'be aban= doned, with the rfght to be heard as hereinafter provided xyith respect to the hearing ot complaints ,01* the issuance ot securities: and sold" notice shall also hbe published for three consecutive weeks in some newspaper of general circulation in
 * ·€gpect__ to the handling, routing, and- movement ot; the tramo

ANSPORTATIOH  2 » each county in orthreugh which said line ot railroad is constructed or operates. - . - ‘, _ - - · M (20) Iaaneabtce of ccrfiricate by commission; unlawful e`;z:ten— - _8i0·»i. wt abandonment of l£n·es.e-The commission shall have ., power to- issne such certiticate. as prayed for, onto refuse to » issue it, or to isspe it for apcrtion or portions of a·line ot rail- , the partial exercise onlymgt such right or pritjllege, and may e 'attach to the issuanceot the certitlcate such terms and condi- , tions as_ in its judgment 'the public convenience and necessity . may; require. From and after issuance of such cert*ltlcate,_and; , .n0t_ before, the carrier by railroad may, without securing ap- ‘ sl proval other than such certificate; comply with the terms and L Yconditigns contained ‘in or attached to the issuance oth such 'certidca·te_ and proceed kwith the construction,. operation, or . abandonm‘ent. covjered thereby. Any, construction, operation, or _ » abantionnient contrary to· .the·prorisions of this paragraph er of paragraph (18) or _(19)` of this sectionrmay be enjoined by 4 any court not competent jurisdiction at the suit of the United . States, the commission, any commission or regulating body ot E the State or States affected, or any party in intermt; and any , carrier which, or any director, omcer, receiver,} operating trans- ‘ . tee, lessee, agent, or person, actingptor or employed by such M ¤· carrier; who ·kn0wingly· autl10rizes,‘consents_·to, or permits any · yfolation of the provisions oi this pgragraph or of paragraph r _ (18) of this section, shall upon con¥*lction thereof be punished ·· by a` tlne of not more than $5,000 -0r by lmprisonmentfor notl _· more than three years, or both. " _' ·  - 4, .,   (21) Power of commahaion to require adequate facilities or _ extension of 1ine;‘penalty..-gThe· commission `may, after hear·‘ T 'without comp_hla‘int, authorize: 'or, require by order any `carrier a
 * road,. or extension‘thereof, "described in the application, or for
 * ·lng, in a proceeding upon complaint or upon its own initiative ,,»
 * by railroad subject to this chapter, party ‘ to such proceeding,

» to provide ftself with sate and adequate faculties for perform- . in this chapter, and to extend its llneor lines: Provided, That _ no such authorization for order shall be made `nnlew the come E I mission iincls, as to such extension, that lt is reasonably re- , quired ln the interest of public convenience and necessity, or . as to such extension or facilities that the expense finjrolved therein will nof impair thejablllty of the carrier. to perform ,· _ .’ its d\1fY‘.·lQ0~thé publlcr `Any carrier sulrject to this chapter . whléh refuses’ or neglects to comply with any order et the` _ commlmlon made in pursuance of this. yparagrapli shall be » refusal or neglect ,_contlnues, which shall accrue to the United I- .States_ and` mail be rec0yered)ln a civil action brought by the, United Statesr . _  . , ' n — , . · (22) Construction, eto,._,` of spurs, switches, etc., eclthtn n State.-—'1`he ·auth0rlty” of the commission conferred by para- , graphs " (I8)` to (21); both inclnslye, shall notcatend to tlie V construction or abandonment · of spur, industrial, team, switching, or side, track; located or to be located whelly 1 within one State, or .of street, suburban, or lnterurban electric l · railways, which are not operated as a part or parts of a general ., steam railroad system ot transportation (Feb. 4, 1887, c. 104, » 5 I,'24 Stat. 370;’June 29, 1906, c, 3591,, $,1, 34 Stat; 584; App y 13,   c. 143, as Stat. 60; Jnne 18,»1910,‘c. 309, 5 7, 30 Stai   t n- 544; May 29, 1917,, c. 23,40 Stat. 101; and Feb. 28,.1920, c. 91, » 5S  41 Stat. 474—;478.).~ °‘ . . ‘ _ · ` . 2. Special rates and rebates prohibited.--Itany common enrt rler subJéct,to' the provisions of this _,ch¤DCer slnall, directly or V indirectly, -by any specia1°rate,- rebate, drawback, or other » device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any servicemen- defed, or to be rendered, in the transportation of passengers or _‘ j' . property or the transmission or intelligence, subject to the proyisionsiot this chapter, than it charges, demands, collects, or :
 * » lng _ as a - common carrier its car service sas that, term is used
 * liable _ to a penalty of $100 for each. day during which such _