Page:United States Statutes at Large Volume 48 Part 1.djvu/1098

 1072 73d C ONGRESS. SESS. II. CH. 652 . JUNE 19, 1934 . Effectiveness of would be pr oper i n a pr oceedi ng ini tiated after it had becom e effe e- change if order not is- sued during suspension tive. If the proceeding has not been concluded and an order made per iod. within the period of the suspension, the proposed change of charge, classification, regulation, or practice shall go into effect at the end of Account of amounts such period ; but in case of a proposed increased charge, the Commis- received in case of in- creased charge. sion m ay by order requir e the intere sted ca rrier or car riers to kee p accura te acc ount o f all amount s rece ived by reaso n of s uch in crease , specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the inter ested car rier or c arriers to refund, with in terest, t o the persons in whose behalf such amounts were paid, such portion of Burden of proof in such increased charges as by its decision shall be found not justified. jus tif yi ng increased At any hearing involving a charge increased, or sought to be charge. increased, after the organization of the Commission, the burden of proof to show that the increased charge, or proposed increased charge, is just and reasonable shall be upon the carrier, and the Com- mission shall give to the hearing and decision of such questions pref- erence over all other questions pending before it and decide the same as speedily as possible. COMMISSION AUTHORIZED TO PRESCRIBE JUST AND REASONABLE CHARGES Charges . Determination of reasonable charges by SEC. 205 . (a) Whenever, after full opportunity for hearing, upon Commission. a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provi- sions of t his A ct, the C ommis sion is a uthor ized and empow ered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regula- tion, or practice is or wil l be just, fair, a nd reason able, to be there- after followed, and to make an order that the carrier or carriers shall cease and desist or• ders. cease and desist from such violation to the extent that the Commis- sion finds that the same does or will exist, and shall not thereafter publish, dema nd, or colle ct any charg e other than the ch arge s o pre- scribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed. Penalty provision. (b) Any carrier, any officer, representative, or agent of a carrier, or any re ceiver, t rustee, l essee, or agent of either o f them, w ho know- ingly fails or neglects to obey any order made under the provisions of this secti on sha ll for feit t o the United States the s um of $1,000 for each offense. Every distinct violation shall be a separate offense, and in case o f cont inuing viola tion e ach day shall be de emed a sepa- rate offense. Liability of carriers or dam ages. LIABILITY OF CARRIERS FOR DAMAGES . SEC. 206 . In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collecte d as part of the c osts in t he case. Amount.