Page:United States Statutes at Large Volume 54 Part 1.djvu/945

 54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18, 1940 itself informed as to the manner and method in which the same are conducted. The Commission may obtain from such carriers and persons such information as the Commission deems necessary to carry out the provisions of this part; and may transmit to Congress from time to time such recommendations (including recommendations as to additional legislation) as the Commission may deem necessary. The Commission is hereby authorized and required to execute and enforce the provisions of this part;". (b) Paragraph (2) of section 13 of such Act, as amended (which relates to investigations by the Commission upon complaint or upon its own motion), is amended by adding at the end thereof the follow- ing sentence: "Representatives of State commissions sitting with the Commission, under the provisions of this section, in cases pending before the Commission, shall receive such allowances for travel and subsist- ence expense as the Commission shall provide." (c) The last two sentences of paragraph (3) of such section 13 (which relates to the authority of the Commission to confer and cooperate with State authorities in certain cases) are amended by striking out the words "this part" where they appear therein and inserting in lieu thereof "this part or part III". AMENDMENTS TO SECTIONS 15 AND 15a SEC. 10. (a) Paragraph (1) of section 15 of the Interstate Commerce Act, as amended (which relates to the Commission's power to pre- scribe just and reasonable rates for carriers subject to part I), is amended by striking out the following: "(or, in the case ofa through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto)". (b) Paragraphs (3) and (4) of such section 15 (which relate to the Commission's authority to establish through routes and joint rates, fares, and charges, and divisions of such rates, fares, and charges; and which impose certain limitations on the Commission's power to prescribe through routes) are amended to read as follows: "(3) The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon its own initiative without complaint, estab- lish through routes, joint classifications, and joint rates, fares, or charges, applicable to the transportation of passengers or property by carriers subject to this part, or by carriers by railroad subject to this part and common carriers by water subject to part III, or the maxima or minima, or maxima and minima, to be charged, and the divisions of such rates, fares, or charges as hereinafter provided, and the terms and conditions under which such through routes shall be operated. The Commission shall not, however, establish any through route, classification, or practice, or any rate, fare, or charge, between street electric passenger railways not engaged in the gen- eral business of transporting freight in addition to their passenger and express business, and railroads of a different character. If any tariff or schedule canceling any through route or joint rate, fare, charge, or classification, without the consent of all carriers parties thereto or authorization by the Commission, is suspended by the Commission for investigation, the burden of proof shall be upon the carrier or carriers proposing such cancelation to show that it is con- sistent with the public interest, without regard to the provisions of paragraph (4) of this section. "(4) In establishing any such through route the Commission shall not (except as provided in section 3, and except where one of the car- riers is a water line) require any carrier by railroad, without its 911 Recommendations to Congress. Enforcement. 41 Stat. 484 . 49U.S.C.§13(2). Investigations. Representatives of State commissions, ex - penses. 41 Stat. 484; 49 Stat. 643. 49U..C.113; Supp. V, ch. 1 (note). Cooperation with States in certain cases. 41 Stat. 484. 49 U.S.C. §15(1). 41 Stat. 485. 49U.S.C. 15(3) and (4). Establishment of through routes, joint rates, etc. PBet, p. 929. Restriction. Burden of proof in cancelations. Through routes to embrace entire length; exception.

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