Page:United States Statutes at Large Volume 56 Part 1.djvu/321

 56 STAT.] 77TH CONG. , 2D SESS.-CH. 318-MAY 16, 1942 Commission shall require, as a prerequisite thereto, a fair and equi- table arrangement to protect the interests of the employees affected. "(h) Permits issued under this part shall not authorize the holder thereof to conduct any direct railroad, water, or motor-carrier opera- tions, except motor-vehicle operations in transportation which, pur- suant to the provisions of section 202 (c) (1) of this Act, is to be regulated as service subject to this part. "(i) No freight forwarder which is controlled by, or under com- mon control with, a common carrier subject to part I, II, or III of this Act shall abandon all or any portion of its service subject to this part unless and until there shall first have been obtained from the Com- mission a certificate that such abandonment is consistent with the public interest and the national transportation policy declared in this Act. Any such abandonment contrary to the provisions of this para- graph may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulat- ing body of the State or States affected, or any party in interest; and any such freight forwarder or any such carrier controlling or under common control with such freight forwarder which, or any director, officer, receiver, operating trustee, lessee, agent, or person acting for or employed by such freight forwarder or carrier who, knowingly authorizes, consents to, or permits any violation of the provisions of this subsection shall upon conviction thereof be punished by a fine of not more than $5,000. "REL ATIONSHIPS BETWEEN FREIGHT FORWARDERS AND OTHER PERSONS "SEc. 411. (a) (1) It shall be unlawful for a freight forwarder, or any person controlling, controlled by, or under common control with a freight forwarder, to acquire control of a carrier subject to part I, II, or III of this Act; except that this subsection shall not limit the right of any carrier subject to part I, II, or III of this Act to acquire control of any other carrier subject to part I, II, or III of this Act in accordance with the provisions of section 5 of part I of this Act. "(2) It shall be unlawful to continue to maintain control accom- plished or effectuated after this subsection takes effect and in viola- tion of its provisions. "(b) It shall be unlawful for any person whose principal business is that of manufacturing and selling and/or buying and selling articles or commodities, and whose business operations are of such a character that services of a freight forwarder or forwarders (or similar assembling, consolidating, and shipping operations performed by such person for itself) are commonly used in connection with the transportation of such articles or commodities, or for any person controlling, controlled by, or under common control with such per- son, to engage in service subject to this part: Provided, however, That the Commission shall have power to issue a permit, under section 410, to any such person upon a finding that the proposed service will be consistent with the public interest and with the national transpor- tation policy declared in this Act and that the applicant is otherwise qualified under section 410: And provided further, That any such person who has been continuously engaged in business as a freight forwarder since October 1, 1941, and is on the date of enactment of this part so engaged, shall have the same authority to continue to engage in service subject to this part, until otherwise ordered by the Commission, as is granted to other persons under the provisions of section 410 (a). 293 Permits not author- ity for direct carrier operations. Post,p. 300. Abandonment of service. 54 Stat. 899, 919, 929. 49U.S.O., chs. 1,.8, 12. Ante, p. 176; post, pp. 300, 746 Injunction against unauthorized aban- donment. Penalty. Unlawful acts. Acquiring control of certain carriers. 54 Stat. 899,919, 929. 49 U. S. c. ,ehs. 1,8, 12. Ante, p. 176; post, pp. 300, 746. 24 Stat. 380. 49U.S.0.§5. Continuance of con- trol after effective date. Persons prohibited from engaging in freight forwarding service. Provisos. Issuance of permits on certain findings. Ante, p. 291. Authority to con- tinue as freight for- warders.

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