Page:United States Statutes at Large Volume 49 Part 1.djvu/604

 74r$ CONGRESS. SESS. I. CH. 498. AUGUST 9, 1935. 559 railroad and/or express, and/or water for transportation in inter- st ate or foreig n comm erce, or any class ificati on, ru le, re gulati on, or practice whatsoever of such carrier or carriers affecting such rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly prefer- Determination of ential or unduly prejudicial, it shall determine and prescribe the lawful rate, etc . lawful rate, fare, or charge or the maximum or m inimum, or maximum and minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, regulation, or practice thereafter to be made effective and the Commission shall, whenever deemed by it to be necessary or desirable in the public interest, after rearing, upon complaint or upon its own initiative without a complaint, establish through routes and joint rates, fares, cha rge s, regulations, or practices, applicable to the transportation of pas- sengers by common carriers by motor vehicle, or the maxima or minima, or maxima and minima, to be charged, and the terms and conditions under which such through routes shall be operated Provided, however, That nothing in this part shall empower the n~r~tat• tr anspor - Commission to prescribe, or in any manner regulate, the rate, fare, tation excluded. or charge for intrastate transportation, or for any service connected therewith, for the purpose of removing discrimi nation against inte rstate commerce or for any oth er purpose wha tever. cc Complaints respect- (f) Whenever, after hearing, upon complaint or upon its own ing divisions or joint initiative, the Commission is of opinion that the divisions of joint rates, et c. rates, fares, or charges, applicable to the transportation in inter- state or foreign commerce of passengers or property by common carriers by motor vehic le or by such carriers in con junction with common carriers by railroad and/or express, and/or water are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the Comm ission shall by order prescri be the just, re asonable, and be orderedq division t• equitable divisions thereof to be received by the several carriers, and in cases where the joint rate, fare, or charge was established pursuant to a finding o r order of the Commission and the divisions there of are found by it to hav e been unjust, unre asonab le, or inequ it- able, or unduly preferential or prejudicial, the Commission may also by order determine what would have been the just, reasonable, and equitabl e divisions th ereof to be rec eived by the se veral ca r - riers, and require adjustment to be made in accordance therewith. The order of the Commission may require the adjustment of divi- Adjustment or carr iers. sions between carriers. sions between the carriers, in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other d ate subsequent as the Commiss ion finds justi fied and, in the case of joint rates prescribed by the Commission, the order as to divisions may be made effective as a part of the original order. "(g) Whenever there shall be filed with the Commission any rates, et c . or new schedule sta ting a new ind ividual or join t rate, fare, charge, or classification for the transportation of passengers or property by a common carrier or carriers by motor vehicle, or by any such car- rier or carriers in conjunction with a common carrier or carriers by rail road a nd/or express, and/ or wate r in interstate or foreign commerce, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Com - mission is hereby authorized and empowered upon complaint of any Hear ing t• deter- inte rest ed p arty or upon its own ini tiat ive at o nce and, if it so mine lawfulness ; notice. orders, with out answer or other formal pl eading by the i nterested carrier or c arriers, but u pon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or