Page:United States Statutes at Large Volume 44 Part 1.djvu/1675

 166,1 TITLE 49.-—m or the maximum or minimum, or maximum and minimum, to be vharged (or, in thecase of a through route where one ot the ‘ carriers is a water-line, the_ma1glmum rates, fares, and charges m_»p1i(·abIe thereto), and {what individual or joint classihcatiou, wgtnlation, or practice at or will be just, {air, and reasonable, to pp therez1fter-fol1o&x·ed, and~to make an order that the carrier or carriers shall cease zmdf desist from éuch violation to the oiztent ·to“which the commission tluda that the same does og will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for- such transportation, or transmieion other than the rate, fare, or charge so prescribed, 01 in oxwss of the maximum or less than the mlnimuur soprescrib-ed,· as the caste may be, and shall adopt the classliicatiom uml shall conform to and observe the regulation oppractice so premribed. V, y - _'  _ · _ o (2) ·Ordc··ra of COIIH21-i88iOEl:·—EXC€{)t{ as otherwise provided In this chapter, all orders of the commission, other than orders for the payment of money; shall tnkereftect within ‘such_ reason able time, not less than thirty days, and shalh continue in time until lts further order, or for g.-specitled period ot time, ncwmrtling as shall be prescribed lin thecrder, unless the same shall befsuspended or modified or set aside by the commission or be suspended or gee aside by a Icourtot competent jurisdiction. V ‘ ’ ’ ` (3)* E§ta`bliehanc·nt of flarough router, joint claasmcotioeza joint rates, farce, etc.-Tho` commissionf may," and it shah whenever 'deemrd by __ it to be necessary or A desirable in the public interest, error full hearing upon. complaint or upon its own initiative without a complaint, establish, through routes "joint eclasslnmtions, and joint rates, fares, or charges, applicable to the tranaportatl-on of passengers or property} or the maxima or minima, or maxima and mlnlma, to be charged (or, in the mae of a through route where one of the carriers is u water--line, the maximum ratea, fares,  charyes applicable thereto), and the divisions of such rates, fares, or charges as herelnatter provided, and the terms and condltiontfundex which such through routes shall be operated; and this pro vision, except as, herein otherwise provided, shall WN! When oneof the carrlera is YH water line; The commission shall not however, establish any through route, élassihcatloh, or practice or any rate; fare, or_ charge, between fatreet? electric fnageepgei railways not engaged in the general buaiheea of transporting freight (ln addition to their passenger and mms-- business and railroads ot ."a dimerent character; nor shall the coin mission hare the right to establish any route, claaalnmtion, on practice, or any rate, fare, or charge when the transportation is rvholly by water, and any transportation by water aHectcd by this chapter shall be anbjoct to the laws and regulations applicable to tramsportntion by water. { ~, (4) Through mater to embrace ent·l•·o "lcnpth of railroad; temporary through -fo%¢¢€8:" In establishing any such through renter the commission shall~®tq_gxcep“t as provided in section 3, and except where one of the carriers is arwater line), require any carrier by railroad, without its consent, to embrace ln such route substantially leaa than the entire length ot its railroad- and lot any lntermedlate zrallrmd_·—operated· lu Qajunction and under a common management or control there with, which lies between the termini ot auch  through route, unlm auch: inclusion of Linea would make the through ‘ route unreasonably long as compared with another practicable through route which could otherwise be eatabliahed :_Prorldo& That inttlme ot shortage ot equipment,. congestion got tra@e, on other emergency declared by the -comnnlaalon it Amay `(elthex upon complaint or uponiits own lultlatlre without complaint at once, ll, it so orders, without answer orQQother foréal pleadings; by the interested carrier or carriers.- and- with or~:withoutnotlccyhearlng, or- the makingor onlin; ot I report, accordi¤E at the commission {may: determine) establish temporarily

ANSPORTATION § 15 I such through routes as in its opinion are necessary or desirable » in the public interest. 7 / . n ,(5)' Transportation of liveatockfo carload lots; services in- , cluded.-tTransportation lwholly b railroad of ordinary live- 5 stock in carload lots destined to or received at Jpuhlic stocky yards shall include alhneceasary service of unloading and re- 5 loading env route, delivery at public stockyards of inbound ship- . shipper, consignee or owner, except in cases where the unload- ._ consignce or.ownor,’ or to try `an intermediate market, or to I comply with `quarantine regulations. The commission may ,_ prescribe or approve just and reasonable rules governing each of auch excepted services. Nothlng.in this paragraph shall `_ [ be construed. to adect the duties - and liabilities on the car- ,‘ »riera existing on February 28, 1920, by virtue of law'·respect· _ ing the transportation of other than ordinary livestock, or I the duty of perrormaug service as to shipments other than I those to or from_publlc»stockyards. _ I J  · B (6) Com-mlailion to eetablich just division; of joint rates, , farce, or charges j` adjuét7ncnt'c.—LWhenever, after full`heari»ng _ »upon\complaint or upon its ovsjn initiative, the commission is or opinion that~·the divisions of joint ratca, fares, or charges, '- applicable to the transportation of passengers or property, are- I or wlll be unjust, unreasonable, inequitable, or unduly preferen- E- tial or Iprejudiclal as between the carriers parties thereto I (whether agreed upon by such carriers, or any of them, or ` Q otherwise established); the commission sh?ll bv order prc· , scribe the just, reasonable, and equitable H ylsions thereof to ,` be received by' the several carriers, and in cases where the I jointrate, fare, or charge was established pursuant to a iin&l· , lng`orforder ot the conimimion and the divisions thereof are . found by lt to have been unjust, unreasonable, or lnequltahlo, I or unduly preferential or prejudicial, the commission I may also by order determine what (tor theperlod subsequent . .t0 thé"£lllng of the complaintor petition or the makingdof the I order of investigation) would have bwn the just, reasonable,, and equitable divisions thereof togbe. received by the several ,— carrlera,. and require adjuament to be made in accordance g therewith, In dsc ~ prescribing and determining the divlsions or { joint rates, farea_and~chargee, the commiaaion Shall give duo , conalderatlou, among other thlnga, to the efllclcncy with which . the carrlera concerned are operated, the amount of revenue g {required to pair their r five operating expenses.- taxes, and I ta fair return on their railway property held for and used in the L service, of transportation, and the lrnportance to the `puhlic I of the transportation aervicea of such carriers; and alao’ I whether any particular participating carrlero is an originating, I intermediate, or dellrerlng line, and any other fact or circum- I atance which would ordinarily, without `regard roto the mileage I haul, entltleone carrier to ~a greater or Ima proportion than .’ another carrier of the joint rate, fare. or charge. s ‘ (7)o Oemmiarllm to defwmina ”losef•¢lnc,ea of new rates} aus-‘ I pension; rcf1mda.·—p~Whenever there shalt be illed with the com- . mission any schedule ctatlng a new individual or joint rate, -» ture, or charge, or any new individual or joint claasldcation, or no iany new lxidlvidual or joint rwulation ._or practice affecting r `any ratcétare, or charge, the coznmlaaioxi shall have, and it la. s given, authority, either upon coxpplalntror upon its own_initia· , five without complaint, at oncegand it it so orderewithout r answer or other formal pleading hyd the interested carrier orl r" carriers, but upon 'reaaonable notice, to enter upon a- hcaririg, concerning the lawtulneas ot auch rate, Ifarc, charge, clasemca·· ·, tion, regulation, or practice; and pending such hearing and the - decision thereon the comnilssion, upon dllng wtth auch schedule - and deliverlngto the carriemor carriers ¤Eccted thereby 8 F `atatement in wrlting of its reaeona for ranch Suspension, may
 * V ments into suitable pens, and receipt and loading at such yards
 * oraoutbound shipmenta, without extra charge therefor to the
 * ing or reloading en route is at the request of the shipper,