Page:United States Statutes at Large Volume 49 Part 1.djvu/605

 560 74TH CONGRESS. SESS. I. CH. 498 . AUGUST 9, 1935. such rule, regulation, or practice, and pending such hearing and the decision thereon the Commission, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in suspension of opera- tion of new schedule. Writing of its reasons for such suspension, may suspend the opera- tion of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period of ninety days and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect ; and after hearing, whether completed before or after the rate, fare, charge, classifica- tion, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, or charge, or clas sifica tion, rule r egulati on, or pract ice sh all go into e ffect at Not ' applicable to the end of such period : Provided, That this paragraph shall not initial schedule. apply to any initial schedule or schedules filed by any such carrier Proceeding to de- in bona fide operat ion wh en this secti on tak es eff ect. termine just rate, etc. ; "(h) In any proceedi ng to determin e the justness or reasonable- sid ered . elements to be con- ness of any rate, fare, or charge of any such carrier, t here shall not be taken into consider ation or allowe d as evidence o r elements of value of the property of such carrier, either good will, earning power, or the certificate under which such carrier is operating ; and in applying for and receiving a certificate under this part any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on behalf of all transferees of Factors to be con- such certificate . sid ered (i) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carriers by motor vehicle the Commission shall give due consider- ation, among other factors, to the inherent advantages of trans- portation by such carriers to the effect of rates upon the movement of traffic by such carriers ; to the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service ; and to the need of revenues sufficient to enable such carriers, under honest, economical, and efficient management, to provide such serv ice. Remedies, rights of "(~ Nothing in this section shall be held to extinguish any ac tion . ac tion . remedy or right of action not inconsistent herewith . Tariff s of co mmon cc TARI FFS OF COMMON CARRIERS BY MO TOR VEHI CLE carr iers . Filing ; printin g ; in- " SEC. 21 7 . (a) Ev ery common carr ier by motor v ehicle shall fi le spaction . with the Commission, and print, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property in interstate or foreign commerce between points on its own route and betw een points on i ts own route a nd points on th e route of any other such carrier, or on the route of any common carrier by railroad and/or express and/or water, when a through route and joint rate shall have been established . Such rates, fares, and charges shall be Publication, ate. stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed, and posted in such Reje ctio n. form and manner, and shall contain such information, as the Com- mission by regulations shall prescribe ; and the Commission is