Page:United States Statutes at Large Volume 44 Part 1.djvu/1671

 1657 _. · TITLE 49.-TR vlcled, by this`, chapter, shall engage. or mrtlclpate in the transportation et pnxengers, or property, an glenned in thla chap. ter, 'uhless the tes, fares,. and charges upon. which thegsame gre transported by mid carrier have been Sled and published in accordance with the provisions of this chapter; nor shall any carrier, charge or dernanq or collect or receive a greater or less or `dldereut eompenmtion for such. transportation. oi `paSS6gge;·s` ar property, or for any service ln connection, there- With, between the points named in such tarills than the rates, fares, and"charges which are speclhed in the term plef and in eHect at the time; nor‘ shall any carrier retund_ or remit in any manner or by any device any portion ot the rates, {ares and charges so speckled,. ner extend to any shipper or person · any prlrlleges or facilities in the transportation ot passenger: or property, except such as are spqzmed in such tadfts. - " (—8)— Preference te shipnienta for Un¢ted.·Stetes.·e-—In time `ot war or threatened war preference and precedence shall, upo; ‘ demand of the President of the United. States, h be given, ove] all other tramc, for the transportation. of troops ‘ and materlai ` of war, and carriers shall- adopt every means with1n`thei1 control to facilitate and, expedite the mllltalry tramc. 'Aild ix time ot peace shipments consigned to agents of the Unlteé States for its use shall be delivered by the carriers as promptly as pesslble and without regard to any embargo that may havi been declared, and .no such embargo shall. apply to shipment: so consigned.- __ _` _`  - q‘ ` (99 Schedule lacking notice of effective date.—The cemmls eien may reject and refuse to me any schedule that in ten dered for Bling which does not provide and give lawful notice of its, effective · date, and any schedule so rejected by the com mission shall be yoid and its use  hall be unlawful.-, . (10) Penalty for failure to comply with regulations.--ix case et failure or refusal on .the part of any carrier, receiver ” or trustee te comply with the terms _.ot any regulation adoptet and promulgated or any order made by the commission undet the {provisions of this section, such carrier, receiver, or trustee shall be liable to "a penalty of,$50§ foreach such offense, ant `   $25 for each and. every {lay of thQ.COI1ul1\1&l'1C€· of such oHense gwhich shall accrue to the United Statesand may be recovereé a in a civil action brought by the United States. · ·   ·- (11) Failing to pine or mdsstatiny ·}·ate·s;‘ penalty;-—-It any "ceuunon carrier subject to the provisions of this chapter aften written request made upon the agent of such carrier herein after in this section referred to, by any person or company for a written statement of the rate or charge applicable to n described shipment between stated places under the schedules or taritsto which such carrier is a party, shall refuse or' emit . te give auch written statement. within a reasonable time, wor n shall naisstate in writing the applicable rate, and it the perhsen for company making such request su£ers damage in con eequeueeet such refumlor omission or in consequence ot the inisstatement of the rate either through making the shipment over a line or route for which the properrate is higherlthaii the rate ever anether available line or route, or through entering inte any male or other contrast whereunder auch person or comwy obllmtes himself; or ltself to inake such shipment » ot frelg at his or°lts cost, then the sald'car.r4er shall be llabletc a penalty of $250, which ahall accrue to the United States. and may be recovered in a civil actionbrought by the United States _(12) Name of resident agent to 6e_poated,·_ requeatlor infhvjmati¤en.·—It,shall be the duty of everycsarrier hyjrailroad te keep at all time; conspicueusly posted ln every station where freight °ls  for transportation the · name el! an ¤S¢¤t resltlent in the city, wlllage, or town. where auch etation in located, `te svhem applicatlcn may be made for the lnfor1pation by this section required to be furnished on written request; and ln case any carrier shall fail at any tlnle te have such name so poated in any station, it shall be aumclent to address

O. \ '< f41iiS'PORTA1;1ON` Y, 4  7` ` - such request in enbstantlally the follojwing form: “The Station e .; g Agent of the -4--, Company at  Station," together U > with the name of the proper post otilce, inserting the name of l theearrierjcompany and of the hstation in the blanks, a1!d_ to l serve the sameyby depositing the request. so addreseed, with E · (13`)_ Jurisdiction of commission over transportation by mit - cam! water.-When property - may be or is transported from  , pointcto- point in the United States by ratl and watelf. through l the Panama .Cana1.`0r otherwiée, the transportation being br a . » n common carrier or carriers, `and not entirely within the limits , of a single. State, the Interstate Commerce Commiesion shall { have jurisdiction of auch tranaporta tion and of the carriers, g both by rail and by water, which may or do. engage in the same, i11_-therfollowlng particulars, in addition to the jurisdict· tion otherwise given by this chapter-: _ _ · ~ » ° 1 _(a) T0 establish physical connection between me lines or the r rail carrier and` the dock at which interchange of passenger l' -0r property is to- be made by directing the rail carrier ·to make r suitable connection between its line and a track or tracks g which have been constrnctedfrom the dock to the limits of y rail and water carrier, individually or in connection with 3 one another, to construct and connect `with the lines ot the rail , y carrier a track or` tracks to the dock.· The cornrqission shall - · have ,tu1l authority to determine andjprmcrlbe the terms. anti - conditions upon. which these conneoting tracks shall. be op- - erated, and ft may, either in the construction or the operation 3 of, such tracks, determine what sum sha1l be paid te or by - either, carrier: Provided, That construction requiredfi by the t commission under the provisions of this paragraph shall be 1 subject to' the same restrictions as ·tol andlngs ot public con- , vemence and necesslty and gother matters as is construction p (b) To establish through routes and maximum joint rates , operated in the' handling of the traffic embraced; · ij tc) To establish proportional rates: or maximum, or. mini- _, mum, or maximum and minimum proportional rates, by rail to r_ and_ from the ports to which the traffic is brought, or from
 * 1) postage thereon prepaid, in any- épost omee. a j
 * the railroad right of way, or by directing either or both the
 * reqnired under section 1 or this chapter. . ·’ _ Z ·»__
 * between and 0ver,snch rail and jwater lines, and ‘to‘£1ctermine
 * ‘ all the terms and conditions under which such lines shall be
 * whtch it is taken by the water carrier, and · to determine to ·

. what tranlc and in connection with what 'vessels and upon what. r terms and conditions such rates shall apply, `By proportional ` t rates are meant those which diner trorp the corresponding L which has been brought- to the porter is ca,rried_fron1. the port r 'by·a common carrier by water. · · _ . ~ °` ‘ " - (d) lf. any 'rail carrier Tsubject to this chapter enters into j arrangements withany water "carrierr operatlng from a port in _ a the United States to a foreign country, through the Panama e L Canal or otherwise, for the handling of through business be- 1 tween interior points of the__United States and such torelgn —· country, the Interstate Comineree 'Commieaien may. require , n auch railway to enter into similar arrangements with any or t all other lines of steaxnshipe operating from said portto the >: name foreign country. (Feb. 4, 1887, c. 104, § 6, 24 Stat. 380;.. I Mar., 2, 1889, 0.382;.} 1, 25 Stat._·855; June 29,1906. c. 3591, . § 2, 34 Stat._'580; June 18, 1910, c.. 309,59, 36· Stat. sire! - Aug. 24, 1912, c. 390, S 1.1, 37 Stat. 508; Ang. 29, 1916, c. 417, l 39 Stat. 604; and Feb. 28, 1920, c. 91, 55 409413, 41 Stat. 483.) l ~7. Combinations `{0 prevent continuous carriage {of freight l prohibited.---It ehall be unlawful for. any common carrier sulpn· ject to the provinions otthis chapter to enter into any `COIl1· - mnnnon; contract, or agreement, expressed or ln1plied.__t0 pre-
 * local rates to and from the port and which apply only to traffic
 * vent, by change of time schedule, carriage in different cars, or

l by other means or devices,. the carriage of ireights from being s. continuous from the place ot shlpment to the place·of. destina- _