Page:United States Statutes at Large Volume 54 Part 1.djvu/972

 PUBLIC LAWS-CH. 722-SEPT. 18, 1940 engaged in the general business of transporting freight in addition to their passenger and express business, and common carriers by Burden of proof in water. If any tariff or schedule canceling any through route or anelatons. joint rate, fare, charge, or classification, without the consent of all carriers parties thereto or authorization by the Commission, is sus- pended by the Commission for investigation, the burden of proof shall be upon the carrier or carriers proposing such cancellation to show that it is consistent with the public interest, without regard to Ante, p. 911. the provisions of paragraph (4) of section 15. Divisions of joint "(e) Whenever, after hearing upon complaint or upon its own ratesinitiative, the Commission is of opinion that the divisions of joint rates, fares, or charges, applicable to the transportation of passengers or property by common carriers by water, or by such carriers and common carriers by railroad or by motor vehicle, are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudi- cial as between the carriers parties thereto, the Commission shall by order prescribe the just, reasonable, and equitable divisions thereof to be received by the several carriers. In cases where the joint rate, fare, or charge, was established pursuant to a finding or order of the Commission and the divisions thereof are found by it to have been unjust, unreasonable, or inequitable, or unduly preferential or preju- dicial, the Commission may also by order determine what (for the period subsequent to the filing of the complaint or petition or the making of the order of investigation) would have been the just, rea- sonable, and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance therewith. In so prescribing and determining the divisions of joint rates, fares and charges, the Commission shall give due consideration, among other things, to the efficiency with which the carriers concerned are operated, the amount of revenue required to pay their respective operating expenses, taxes, and a fair return on their property held for and used in the service of transportation, and the importance to the public of the transportation services of such carriers and also whether any particular participating carrier is an originating, inter- mediate, or delivering line, and any other fact or circumstance which would ordinarily, without regard to the mileage haul, entitle one carrier to a greater or less proportion than another carrier of the joint rate, fare, or charge. Rate-maing policy. "(f) In the exercise of its power to prescribe just and reasonable rates, fares, and charges of common carriers by water, and classifica- tions, regulations, and practices relating thereto, the Commission shall give due consideration, among other factors, to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need 2 in the public interest, of adequate and efficient water transportation service at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable water carriers, under honest, economical, and efficient management, to provide such service. rat, pension oew "(g) Whenever there shall be filed with the Commission any cision. schedule (except a schedule referred to in section 322) stating a new Pod, p. 951. rate, fare, charge, classification, regulation, or practice for the inter- state or foreign transportation of passengers or property by a common carrier or carriers by water, the Commission may upon protest of interested parties or upon its own initiative at once, and, if it so orders, without answer or other formal pleading by such carrier or carriers, but upon reasonable notice, enter upon an ivesti- gation concerning the lawfulness of such rate, fare, charge, classifica- tion, regulation, or practice, and pending such hearing and the decision thereon, the Commission, by filing with such schedule and delivering to the arrier or carriers affected thereby a statement in [54 STAT.

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