Page:United States Statutes at Large Volume 44 Part 1.djvu/1674

 ` § 13 www 49.-;r1z; 13. Complaints to and investigations by commissio¤.——(1) * Complaint to éo·mm4.ssion of violation of law by carrier; reparation; in.vestigation.—Any person, firm, corporation, company,_or association, or any mercantile, agricultural, or manufacturing society. or other organizatiou,_or any body politic or municipal organization, or any common carrie1·__c0mplaining of· anything done or omitted to be done by any common carrier subjectto the provisions of e this chapter in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the facts; whereupon &JSt8.t€1D€Dt of the complaint. thus made shall be forwarded by theicommission to such, common carr{e1·,·who shall be called upon to Satisfy the com-’ p1aint,·0r to answer thesame in writing, withina reasonable time; to`be Sp€C`iHéd·.by·`th€ commission. Ifsuch common carrier ;withln the time specified shall make reparation fop the _ injury alleged to hase been done, the common carrier shall be relieved of liability ‘to the-complainant only fo1»_ the particular violation of law thus complained of. lf such carrier OIT carriers {shall not satisfy the_complaiut within the time specified, 0I.'_ . there shall appear to be auylireasonable gpound for .im*¢-esti? gating said complaint, it shall be the duty of the commissiouto investigate the matters complained of in such manner and by such means as `it shall deem proper. ‘ _ - — " `_ { by (2) .C'o}npldint by State commission; inquiry on oommissionk own motion.-§aid commission shall,’ in like manner rand with thesameauthority and powers, investigate any complaint forwarded by the railroad commissioner or railroad commissioh ot any State or Territory at the request of such commissioner _ or commission, and thelnterstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its "own, ·mot§on,°in any case aud as to any matter or thing concerning which a complaint is authorized to be made, to { · I or before said commission by. any proyisiou of this hunter, or I concerning which any question may arise under anyC>f the proyiélous of this chapter, or relating to the enforcement of any of the. Dtoviaious of this chapter. And the saidicom&fssion shall have the same powers and authority to proceed with any Einquiry instituted ouits motion asthough it had been appealed to by complaint or petition under any of» the provisions of this chapter, lucluding the power to make and enforce any order or t orders in the case, o1·_»relating·to the matte; or thing concernl.ug· mcuey. .No complaint shall at KDYIQDIB he' dismissed because ot the absence of direct damage to the complainant. f _ _ (3) Iewestidatéon €Qt’U0l1K4lQ'BfGt6 roaulatiom; conference oft State and interstate oomméiufono.-¥——Whe¤over in y any investigation under; the provisions oi' this chapter, or in any inyestigation lastltuted uponlpodtion of the carrier concerned, which peti- ‘— tion is hereby authorized to be Bled, there shall hobrought in ' ·i@ue any rate, tane,»charge, classmcation, regulation, or prac- · tice, made or imposed by authority of any $¢&te, the commusion, betoge proceeding to_hear {ang dispose ot such issue, shall cum the State or States interested `to "be notided of the proceeding, The commission may confer: with the authoritig of any Qtate having regulatory·jurlsdiction over the class Cot persons and corpoxzatloxis subject to this chapter with respect g -to 'the’ relationship between `1'8.t6 structures and practices! of caggiera subject to the ·juriéHiction.o£ such State bodies aud` i or `the .coxn;¤lssion: and tb that end la authotjiaecland em-, powéred,`uhder__rulm to be prmrlbed by it, and `which may be modmed tromtime to t1me,.to hold joint hearings with any such  rqulatlng bodies on` any matters-jwhereih the commission 2 bempowered to act gpdwhero the ratemaklnz authority ot a State is or may; be atected by the action taken by the commission. » The commiuion is alsofauthorimd to avail itself og the cooperation, BGl’ViCB8,·\‘ rocotds, and facilities of such  Btatv authorities U1 the enforcement `otv any provision of this . chapter.? ‘ _ ·‘ ·
 * which the inquiry is had_ excepting orders for the paymonf ot

INSPORTATION 1660 (4)‘ Duty of commlerfon •vherclBtate regulation; result in d€ecr£m·imztion.—Wheuever in any such investigation the com. mission, after full hearing, iiuds that any such rate, fare, charge, classiilcation, regulation, or practice causes ani undue or unreasonable advantage; preference, or prejudice as between persona" lor localities in intrastate commerce on the one hand and interstate or foreign commerce on the other hand, or any auixdue, unreasonable, or Junjust discrimination agakxst interstate or foreign commerce, which is forbidden and declared to be unlawful it shall preserlbe the rate, fare, or I charge, or the maximum or minimum, or maximum and minimum, thereafter to ,be charged, and the clase§i_lcati0‘n,- regulation, or. prac- __ tiee thereafter t0_ be observed; in such manner as,. in its judg- ' ment, will remove sugh advantage, preference, prejudice, or discrimination. Such rates, fares, charges, claasincations, regulotions, and practices shall be observed-~ while in effect by the carriers parties to mich proceeding alfected thereby, the law of any State or the. decision or order of any State authority to the contrary notwithstandlng. .( Feb. 4, 1887, (3104, $.18, 24 Stat. 383; June 18,`1910,`_c. 309, { 11Q 36, Stat. 550; and Feb. 28{ 1920..¢.,91, 5 416,41 Stat. 484Q)- j _ ‘ _ 14. Reports anddecisions of e0mmission.—(1) Reports °of» investigation; by c0m·m·iaa£0n.——Whenever an investigation shall be made by said commission, lt ahall 2be its Quty toymake an report in writing in respect thereto, which shall state the eenclusiouq of the commission, together with its decision, order, or requirement in the premises; and in {case ilamages are awarded such report shall include the Hndings of fact on which the award !s° made. r · ,—’” [_ l — (2) Record gqf reports; copies.-—All reports of investigations made by the commission shall be`entered of record, and a copy thereof shall be furnished to the party who may have complained, and to Rh? common mrrler that may here been cemQ ’pla1ned0t.·_` ·   ‘  ~ '(3) Publicahon of report: mul dectriom;   dirrribution of anmtal reports.-—'1‘he pommiaeion may provldetor the publication qt ltd reports and decisiona in such tone and ‘ manner aa may, be best adapted for public information and` use, and such authorized publicattonis shall be competent evidenée df the reports and decisions ot the commission wereln contained in all courts of the United Stataahnd not the nevernl States without any further- proo1_ or authentieition r thereoi. The commission may also eauae to be printed lor early diee tribution its annual reports. (Feb. `4, 1$7,¢.c, 104, I 14, 24 Stat. 384;-Mar.—2, 1889, c. 882, 5 gi, 25 Stat. 859; June 29, 1906, ‘ c. `859T1`,·§ 8,*34 Stat. 589; and Feb. R 1920, c._ 91.; O `41'IQ 41 sm. 484,) _. — _ ·~ ‘ ‘ · 15, Determination of ratea, roatu, etc.; renting of taht { diselosnres, etc.—-—g(1) Commission empowered to detersrme ana preacribehratea; claaaiitcotima, ote.-Whenever. titer full bur-’ lng, upon a. copplalnt made as provided » in section 13 02 this chapter, or after tnl1__hearing"u,nder an ordu for invmtlgatien and hearing made ..by the commission on Ita own initiative. either in extension ot any pending complaint or without any » complaint whatever, ther commission shall be of epinlon that _;_ any `individual pr joint rupee  or   yvhatsoever demanded, charged; or collected by any cegmen carrier or carriers subject to this chapter for the granéportation ot persons " or property 'Or for the tranmisaion ot messages aa de¤°ned" iu the me gection of thin chapter, or that any inqllyidnnl or j0i¤¢ clammcationg regulation,. or practice whatsoever of meh barrier r or earriers subject to the provisions of this chapter, is or will be unjust or unrehqonable or unjustly dimriminatorylor unduly preferential or prejudicial;. or otherwise in flotation ot any ot-_ the provlsiona ot this chapter, the commission is mmorxmo and empowered to _ determine and prescribe what will be the just and reasonable individual or joint rate, fare, or charge, or rates,. fares, or éharges, to be thereafter olaaervéd in auch case,