Page:United States Statutes at Large Volume 44 Part 1.djvu/1676

 § 15 TITLE 4e.--rz suspend the operation of such schedule and defer tile/isbn » such rate, fare, charge, clnésiiication, regulation, er/ practice but not for nlonger period than·,one·l1undred and Wenty day Q lwyondcthe time when it would otherwise go 3:6 effect; nm nafter full hearing, whether completed bef r after the mtg .fnre, charge, classificntion, regulation, 0 prnctice goes {nt effect, the commission rnay mdke such rder with referenc lthereto as would be_proper in a_pr0cccd g` initiated after l had become effective. If any suc]; hea. ing cannot- be con 'cl`t'ltled within the period of suspension; abore stated, th commission may extend the time of suspel sion- for in furthe period not exceeding thirty days, and lf the proceeding ha not been concluded, and an order. made t the expiration 0 such thirty days, the proposed `chenge 0 rateQ fare, charge classiilcntion, regulation, orprnctice shall go` into effect at th end of such. period, but, in cuserof u proposed increased rate 0 _ charge for or in respect to the transportation of. property, th comxnisnion may by order require the interested. carrier 0 carriers to keep accurate nccount in. detallf of. all "ninount _ro65ived by reason of sixch increase, specifying by whom nn in whose behnlf such amounts nre paid und·up0n completion of the hearing and decisii5`ll*"may’ by further .order,,require th interested cnrrierior carriers to refund, with interest, to "th persons in whose behalf such aimounts were paid such portio oiksuch increased rnteepr charges asgby its decision shall lz found not-justfiled. At any hearing involving Ha rote, fnre, C charge increased ai'ter'Jnnuary_1_, 1910, or-of a rate; fare, c charge sought to be increased, the burden of proof to sho¤ that ltlfe increased rate, fare, or charge, or proposed Eincrease rntc, fare, or charge; is_`just» and- reasonable shall be upon th carrier, and the commission shall give to #tlg1é lxenring an 'llecision of such questions preference over all other question pending before it and decide the same asfepeedlly nspossible (S) Sh,tpper’s choice of route to be obeervcdee-In all case where at the tlme oi!] delivery of property sto any railroad co: poration being n common carrier for trnnsportation -_snbQie< . to the provisions of this chapter to any point of destlnatim _ between which nndeitne point .0f‘such_dellvery for shlpmenttw ore more through routes end through rates Shall llnve bee established as in this chapter provided to which throng routes and tlxrough rates such carrier. is a pnrtyythe. perse; ilrm, or corporation making such shipment, c subject to suc reasonable exceptions and regulations as the Interstate Con merce ‘ Commission lS11e.ll'f1{dm·timé to time prescribe; sha hnvetlne right toldeelgnnte in writing by which of such throng routeszsuch property shall be transported. to destlnatione an lt shell thereupon be the duty of the initial carrier to rout said property and issue n through bill ot‘lnding_ therefor is so directed, and to t!‘$`¤$P01‘t snid property over its own lix; or lines and deliver theseme to a cdnnecting »llne_er lines nh cordlng to such ethrough- route, end lt shall be the duty < cech_ or 'eald connecting cnrriers to receive snid property an transport lt overthe said line or lines and delllvérc the san: to the next succeeding cnrrler or consignee according to; tt routing instructions in sold bill ot ladlngt Provided, hoieevé That the shipper shall. in all instances have the. right to dete; mine, where competing lines of rnllrond eonstltute portions ‘< n through line or ronte; over which of sald competing lines e “constltntlng"a portion otesnid throngh line or routeehis Ifeigl shnll`~be`_trt1ns110rted. d ·  2 _ - (9) Ligbilétg of centers wheres property *4: aezwe-ea; em tracy to muting t»nezruct·iom.····-·Whenever property is dlrerte "`cg delivered byg one ··cnrrler to` another carrier contrary l r utlng lnstrnctions ln the bill of·1¤diug,; unless such dive sion or delivery is ln. coxnpllnnce · with. n lawful order, rul or regulation of the commlssion,_!ncl1_ cnrriers shall;  ._ suit ornction in any court of.ccmpetent;·1¤rledlction, be joint] and severally liable to the caxjrler thus deprlvedot its rig}

x • zwsroerhrzoy 1662 l' ·to •e= o clpate in thehaql of the property, for the total amount { ll of the rate or 'charge it would have received hall it particis pated in the Ohaul or the property. The carrier to which the ml property, is thus diverted Jshall not be liable in suchleuit or 0 before carrying the property it had no ‘ notice, by bill of lad- B .111;, waybill or otherwise, ot_ the routing instructions. In any .t. judgment which may be rendered the plaintii Shell be allowed n- to recover against the derendant a reasonable attomey’s fee to e’betaxediuthecaSe._  '· "   [ ·$' spect to traEc not routed. by the ehippe1·,_the commission muy, ?» hc requirer direct the route which such tre@c shall teke é 'efter it yarrivee at the terminus of one carrieror at a junction lr= point with another carrier, and is to be there delivered to on-A Q other carrier. 5 ·     _ ° Z ' ’*` (11) ~'Disclosuro or soliéitation of- lnlformatloén concerning `S rhipments unldwfdl; exceptimw.4-It shell be nnlawtul for any ‘1 common “cari·ier subject to the provisions of {this chapter, or D any- officer, agent; or employee ot such. common carrier, rox-, for ·°` any other person or corporation lawfully authorized by such. L'! common corrler to receive information therefrom, knowingly to 9 discloserto or permit to be acquiredrby any wrson or corpora- ` ’*° such shipper or coneigne->e,` any information concerning the "`· nature, kind, qimntity, destination, conslgnee, or rooting · of W any property tendered or delivered to such common carrier for d iinterstate transportation, which information maybe used to the [0 detriment or prejudice of such shipper or cooslgnee, or which B- tion to solicit orknowingly receive any such information which PS may be so used: `Provédcd, That nothing in this chapter shall r- be construed. tc prevent the giving ot such information` io it lmspmee to any legal process issued. under the authority of any ¤» Stetgor Federal court, or to any o@cer or agent of the Gor-- =¤ 'the exercise of his powers, or to any omcer or other duly Zh authortzedy person seeking ench information forlthe prwecution ¤» ofpersons charged with or suspected ot crime`; or information fh giren by e common carrier to another carrier or its duly author— rn- ized ugent,` o · · purpoee ot adjusting mnitual treme Accounts ll‘ in the ·‘ • narycon  o   ;r;·e =r·~· _  :z· o· carriers;. . 21. p · (12) Penalty for violation of pr Mee  o pro¤Moos.—·$Any Ld person, corporation, or association violating er ·..» ot_ the provifé sions ot the next precming paragraph ot this  on shall he ls deemed guilty of ii. misdemeanor,. and for each offense, on` lo conviction-, shell phy to the Unitedi States ja penalty- or not C- more- than‘$1;000. , .— _ “_ _ ·_ ‘ Q at ‘ .-(13) Allowaowe for `aerolce or foollltfer fornhhed by skip! ld per.-·-It the owner of property transported under this chapter no cllrectly`or-indirectly renders any- service conncctedi with such le `tronsportotloh, or iurnlshwfnnyylhqtrnmentallty used therein, 1-, the charge and ellovronce therefor shell _ be no pore theo is r- just end roeeoheble, and _ the commlmlon mey, 'ntter hearing. at on o. complaint or OB its own lnitiative, determlhe what is a so reoronoble chergees the  to be pnldhy the carrier or 1t egrriers for the services eo rehdered or for the used ot_ the . instrumentality no furnished, and Bx the rome by hppropriate ro- yarder, whlch_ order shall have theleme force and e¤ect and be rd enforced in like  he the orders above provided tor to kinder the section. _ _ r Q s ~. . r- G `(14)_ Other powers of oonmkaion not oéduéod.-—··The toroer going enumeration, ot power; shall   exclude any power which ~ n.· h the `corrniniwon. would have ur the makin: or an ly order under the provisions. oi this chapter, (Feb. 4,· ·1881,· o.- le 104, t 1¤;24 sm. ae4; mm mmm. cl e¤o1,u, se em, uses-
 * ,, action it it can "show, the burden of proof being upon it, that
 * 1‘ (10) _ Direction of uorouted tragic by comm£séionQ-—With ro.
 * f whenever the public intereet and a {air distribution ot thetrof-
 * 9 tion other than Ythe shipper! or cousigee, without the consent of
 * 3 may " improperly disclose his  tranmctione to n opm-
 * 5 petitor; end it 811811 also be unlawful for any person or corpora- ‘
 * 0 --ernment=ot the United States, or of any State or Territory, in