Page:United States Statutes at Large Volume 44 Part 1.djvu/1668

 §. 3 _ ·TITLE #0.-TIi receives from any other person or persons for doing for him or them a like and contemporaneous service in the C1'&DSpGTt8.· ‘_ tion or transmission ot a like kind of tramc or meange under substantially éimilar clrcumstances and conditiong; auch com- ‘ mon carrier shall be deemed guilty of unjust discrimination jvhich is prohibited and declared to»·be_unlawfu1.?‘ (Feb. 4, 1887 c. 104, § 2, 24 Stat. 379; Feb. 0%, 1920, “c. 91, 5 404, 41 Stat. {179.) $4 Preferences; interchange of ’ treme; terminal facilities.-4 (1) Unducl preferences or prejudices proMb£ted.—-—It shall. be unlawful for any common carrier subject to the provisions 01 this chapter to make or give any undue or unreasonable. Prefer once or·advautage·to anyparticular person, company, tlrm, cor poration, or. locality; or any particular description of tratllc, iz any respect whatsoever, or to subject any particular person p company, firm, corporation, or 'locality, or any particular de eeription or tramcf to any undue or unreaeonable`prejudice o1 disadvantage in any respect whatsoever.- I  f 1. _ · ·(2) Payment of freight as prerequisite to dcliwvan/.·——N0 can rierby railroad subject to the/provisions·of this chapter sha! deliver or relinquish possession at destination of any freight transported by it until, all tariE rates and charges thereonhaye been paid, eicept under such rulea. and `regulations as tha commission may from time to time prescribe to assure prompt _ payment of all such rates and charges and to prevent. unjusw discrimination: Provided, _That the provisions of this paragrapl shall not be construed to prohibit any carrier jErom_` extending credit in connection with. rates and charges on freight trans I ported for the United States, for.any department, bureau, o1 agency thereof, or for any State or Territory or political sub division thereof, or ifor the District of Columbia; - 3 ‘ _ - (3) Interchange oftramo.-—All carriers, engaged in the trane portation ot passengers or property, subject to the provisions o1 this chapter, shall, according to their respective powers, afford ‘ all reasonable, proper, and _ equal facilities for the interchange of tratllc between their respective lines, and for the receiving, forwarding, and delivering of passengers or property to and from their several lines and those `connecting therewith, and shall not discriminate in their rates, fares, and charges between such connecting lines, or unduly prejudice {ny snch`· connecting line in the distribution ot tramc that is not specldcally routed I., the shipper. h. _ V » ’ ,(4)*J Terminal facilities; are of and compensation for.=-If commission nude lt to be in thepublic interest and to be prac tlcable, without substantially impaH·ing`the ability ot a carrlex owning or entitled to the enjoyment of terminal facilities tt handle its own business, it shall have power torequtre the` use ot any such. terminal taclllties, including main line track on ·_.__tracka for a reasonable distance outside of auch terminal, 01 any carrier, by another carrier or other carriers, on auch and for auch compensation aa the carriers ntfected may agree upon, or, in the event of a failure to agree, as the commiwom may dx as just and reasonable for the use w required, to be ascertained on the principle controlling compensation in con l demnation·lDro¢eedinga.a Such compensation shall be paid on adequately secured before the enjoyment of the use may be commenced. `It under this paragraph the use of auch terminal facilities of any carrier ia required to be given to anothea carrier or other carriers, and the carrier whose terminal facilities are required to be ao need ia not aatlsded with the term: fixed for auch uae, or it the amoungof compensation aedxed is not duly and promptly paid, the carrier whose terminal `facillties have thus been required to M given to another carrier ox other carriers shall be entitled to recover, by suit or action against such other carrier or carriers, proper damaged for an; injuriessustained by it as the result ot compliance with auch requirement, or just compensation for such use, or·b0th, as the case may be. (Feb. 4, 1*887, c. 104, { 8, 24 Stat. 880; Feb. 28, 1920, c. 91, I 405, dl Stat. 479.) '

MNSPORTATION 1654 n · 4. Long and short haul charges; competition with water g r0utea,—(1) Charges {or long and short haula and mv through. r' route.-—·It shall be unlawful for any common carrier subject to the provisions of this' chapter to charge or receive any greater. , compensation in the `aggregate for the transportation of passeu. , gers, or of like had of property, for a shorter than for a ». ‘l0nger— distance over' the same line or route in. the same direc- - tion, the shorter being included within the longer distance, or E_ aggregate ot the intermediate rateenubject to. the provisions of - this chapter, ‘ but thi8 shall not be construed as authorizing . any common within thelterma of this chapter to charge I or receive as great compensation fora shorter as for a longer , distance: Provided, That upon application »t0·¤th~'.c0mmlssion . such common _ carrier may in Qspeclal cases, after lnvwtigation, p be authorized by the commission to charge le¤»fo1··l0nger than for shorter distances for the  of. masengers or . property; and thecommlsation may from time to time prescribe Lu the eitent to w;hich such dealgnated common carrier may be gl relieved from the Tcperatlou of this  ; but in eiercising g~ the authority conferred upon it in thin proviso the ycommlssion ,` ehallinot permltatlxe establishment ofany to or Iromthe t more distant point that ia not reasonably compensatory for the t service performed; and it a circultona rail line or route ls, be- 1 cause of such clrcuity, granted authority to meet the charges of - maintain higher chargesto or from lntermediate polnta on its , line, the authority shall not ’-include intermediate points as to - which the haul of the pctltionlng line or route in not longer than that of the direct line or route betrreenx the competltlre r` ot merely potential water competition not. actually lnjexlstence: I And provided farther, That rates, {area, or  on B February 28,1%, by ylrtue of orders of thé commission or as ·to which application had theretotore bea Bled with the Q commission and not, as ot that date, acted upon, shall not be [ required to be changed by reason of the provisions of this sec- I tion u¤tll.the further order of or a determination by- the I commission; ~ J ‘ ~. · [ (2) Competition of railroads with water meta; change of rotec.——Wherever a carrier by railroad shall in competition { With agvater mute orroutg reduce the rates on the carriage. .- oi any `species of freight to or from competitive points lt shall { not be  to increase auch rates umm after hearing by, the commission it nhallbe found that such proposed increase , roam upon changed condltloma other than the elimination or r water competition. (Feb. 4, 1@7, c. 104, f 4, 24 Stat. 380; 5 June 18,i1910, c. 309, l 8,, 36 Stat. 547{and Feb. 28, 1920, c. 91,, l 400, 41 sta:. wo.), » ,. · a 5. Combinations and consolidations of carriers.-(1) Poola tag; .d¢v¢e4os• of tromc or m·a€»g•.—-——Except. upon specluc apa proval by order of the commlmion as in this section provided, - and except}; provldedln paragraph (16)- of section 1 ot this e‘ chapter it shall be unlawful for any common carriersubject to s this chapter to enter into any contract, agmement, or combinal tion with any other common carrier Nor carriers for the pooling r ot frelghts of dlifermt and competing railroads, or to divide - between them the amfwate or net proceeds ot the mrnlngs of a Buch railroads, or anyportion thereof; and lnany mae ot an a `agreement for the pooling ot heights as aforesaid each day of - lm continuance shall be deemed a separate offense: Provided, e That whenever the commission la or opinion, after hearing 1 uponapmlcation otany carrier or carriers engaged in the transr portatlbn of paaaensera or property subject to this chapter, or n upon its own initiative, that the _,dlvlsion of their tramc or a earnings, to the extent lndlcatedby the commlmcn, will be in, the interest of better nrvlce to the public, or economy in operation, and will not unduly restrain competition, the commission —
 * to eharge any greater compensation`as~a throng}; rate than. the
 * a more direct line or route  orafrom competitive points and to
 * _ points; and no such authorisation shall be granted on account.