receive information therefrom, knowingly to disclose or to permit to be acquired by any person or corporation other than the shipper or consignee, without the consent of such shipper or consignee, any information concerning the nature, kind, quality, destination, consignee, or routing of any property tendered or delivered to such common carrier for interstate transportation, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor; and it shall also be unlawful for any person or corporation to solicit or knowingly receive any such information which may be so used: Provided, That nothing in this Act shall be construed to prevent the giving of such information in response to any legal process issued under the authority of any state or federal court, or to any officer or agent of the Government of the United States, or of any state or territory, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crime; or information given by a common carrier to another carrier or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers.

Any person, corporation, or association violating any of the provisions of the next preceding paragraph of this section shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not more than one thousand dollars.

Paragraphs (6) and (7), Section 15, added by the Amendment of June 18, 1910, changed by Section 421 of the Transportation Act, 1920, to paragraphs (11) and (12).

This section indicates a legislative intent to secure shippers' immunity from a disclosure of their business.-Albree v. M. R. R. Co., 22 I. C. C. 303, 321. Possible violation of section suggested.-Concentration of Cotton, 26 I. C. C. 585, 593. Purpose of section discussed, citing Conference Ruling 356, Re Freight Bills, 29 I. C. C. 496, 498.-This statute did not prevent giving information of the unlawful transportation of liquor.-Seaboard A. L. R. Co. v. North Carolina, 245 U. S. 298, 62 L. Ed. 299, 38 Sup. Ct. 96.

§ 500. Charges for Instrumentalities Furnished by Shipper Must Be Reasonable. If the owner of property transported under this Act directly or indirectly renders any service connected with such transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be no more than is just and reasonable, and the Commission may, after hearing on a complaint or on its own. initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the service so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order, which order shall have the same force and effect to be enforced in like manner as the orders above provided for under this section.

Paragraph (8) of Section 15, added by Amendment of June 29, 1906, changed by the Amendment of June 18, 1910, and changed to (13) by Section 421 of Transportation Act, 1920.

Storage and switching tracks within the inclosure of the shipper and established for his convenience will not furnish a basis for the shipper's claim for compensation for storing cars under this section.-General Elec. Co. v. New York C. & H. R. R. Co., 14 I. C. C. 237, 242.

Notes of Decisions Rendered Since 1909.

Matter of Allowances, 12 I. C. C. 55, quoted as referring to the statute.-Federal Sugar Refining v. B. & O. R. R. Co., 17 I. C. C. 40, 47. The section has no application to a warehouse company not the owner of the commodity shipped.— Merchants Cotton Compress & Storage Co. v. I. C. R. R. Co., 17 I. C. C. 98, 105. Such allowances must be without discrimination.-Federal Sugar Refining Co. v. B. & O. R. R. Co., 20 I. C. C. 200. Cases discussing allowances cited and former holdings adhered to.-Manufacturers Ry. Co. v. St. L. I. M. & S. Ry. Co., 21 I. C. C. 304, 315. Claims for allowances should be submitted to the Commission.-Sterling & Son Co. v. M. C. R. R. Co., 21 I. C. C. 451, 454. Allowances for repairs on cars are of dangerous character.-Balfour, Guthrie & Co. v. O. W. R. R. & Nav. Co., 21 I. C. C. 539, 540. Allowances to industries discussed.-Manufacturers Ry. Co. v. St. L. I. M. & S. Ry. Co., 28 I. C. C. 93, 101, 102. "Connected with such transportation" defined.-Inman, Akers & Inman

v. A. C. L. R. Co., 32 I. C. C. 146. Statute applied and allowances held legal.-Union Pac. R. Co. v. Updike Grain Co., 222 U. S. 215, 56 L. Ed. 171, 32 Sup. Ct. 39; Int. Com. Com. v. Diffenbaugh, 222 U. S. 42, 56 L. Ed. 83, 32 Sup. Ct. 22. The amount of the allowance must be reasonable, and what is reasonable a question to be determined by the Commission.Mitchell Coal & Coke Co. v. P. R. Co., 230 U. S. 247, 57 L. Ed. 1472, 33 Sup. Ct. 916. The question is discussed in the several opinions and reports in the Sugar Lighterage case.-United States v. B. & O. R. Co., 231 U. S. 274, 58 L. Ed. 218, 34 Sup. Ct. 75, affirming B. & O. R. Co. v. United States, 200 Fed. 779, Op. Ct. No. 38, p. 499, and setting aside the order of the Commission in the Federal Sugar Refining Co. v. B. & O. R. Co., 20 I. C. C. 200. See the related case of the Am. Sugar Refining Co. v. D. L. & W. R. Co., 200 Fed. 652; reversed, American Sugar Refining Co. v. D. L. & W. R. Co., 207 Fed. 733, 125 C. C. A. 251. The Tap Line case involved the question.United States v. L. & P. R. Co., 234 U. S. 1, 58 L. Ed. 1185, 34 Sup. Ct. 741; Louisiana & P. Ry. Co. v. United States, 209 Fed. 244, Op. Com. Ct. No. 90, p. 709; The Tap Line case, 23 I. C. C. 277, 549, 31 I. C. C. 490. The provision does not apply where rate constructed on the theory that the shipper shall furnish the instrumentality.-Best v. G. N. Ry. Co., 33 I. C. C. 1, 4.

Notes of Decisions Rendered Since 1915.

Payment to shipper must not be excessive.-Mitchell Coal & Coke Co. v. P. R. Co., 38 I. C. C. 40; New Orleans Terminal Allowances, 42 I. C. C. 748, 754, cases cited; Lehigh C. & N. Co. v. P. R. R. Co., 50 I. C. C. 543; and see cases National Tube Co. v. L. T. R. Co., 55 I. C. C. 469, 56 I. C. C. 272. Recovery for services denied, there being no tariff provision therefor. Southern Cotton Oil Co. v. Cent. of Ga. R. Co., 228 Fed. 335. Unlawful payment in the form of an allowance under a lease.-Cent. R. Co. of N. J. v. United States, 229 Fed. 501, 143 C. C. A. 569. Orders of Commission relating to allowances to elevators.-Omaha Elevator Co. v. Union P. R. Co., 249 Fed. 827, 162 C. C. A. 61. The issue is one of fact, not of law. Penn. R. Co. v. United States, 236 U. S. 351, 59 L. Ed. 617, 35 Sup. Ct. 370. State courts have no jurisdiction to

determine allowances.-Loomis v. L. V. R. Co., 240 U. S. 43, 60 L. Ed. 517, 36 Sup. Ct. 228.

Notes of Decisions Rendered Since 1920.

Allowance to shipper or receiver of freight for services rendered not unlawful provided such allowance is reasonable. -McCormick Warehouse Co. v. P. R. R. Co., 95 I. C. C. 301. But an allowance wholly out of proportion to cost is unlawful.-Allowances or Divisions Received by Texas Gulf Sulphur Co., 96 I. C. C. 371. There is a difference between services performed by shipper, with acquiescence of carrier, which carrier stands ready to perform and services which carrier should perform but refuses to perform.-Borden's Farm Products Co. v. N. Y., N. H. & H. R. R. Co., 92 I. C. C. 270.

§ 501. Enumeration of Powers of Commission Not Exclusive. The foregoing enumeration of powers shall not exclude any power which the Commission would otherwise have in the making of an order under the provisions of this Act. Last paragraph of Section 15 added by Act of June 29, 1906. Fourteenth paragraph in Transportation Act, 1920.

The statute gives shippers new rights but preserves existing rights.-Copp v. L. & N. R. Co., 43 La. Ann. 511, 12 L. R. A. 725, 26 Am. St. Rep. 198, 9 So. 441; Carlisle v. Mo. Pac. R. Co., 168 Mo. 656, 68 S. W. 898; Western & A. R. Co. v. White Provision Co., 142 Ga. 246, 82 S. E. 644; Gulf, C. & S. R. F. Co. v. Moore, 98 Tex. 302, 83 S. W. 362, 4 Ann. Cas. 770; Puritan Coal Min. Co. v. Penn. R. Co., 237 Pa. 448, 85 Atl. 426, Ann. Cas. 1914B, 37; Mitchell Coal & Coke Co. v. Penn. R. Co., 230 U. S. 247, 57 L. Ed. 1473, 33 Sup. Ct. 916.

Compare Texas & P. R. Co. v. Abilene Cotton Co., 204 U. S. 426, 439-446, 51 L. Ed. 553, 561, 27 Sup. Ct. 350, 9 Ann. Cas. 1075; Robinson v. B. & O. R. Co., 222 U. S. 506, 56 L. Ed. 228, 32 Sup. Ct. 114; 36 Stat. 551 (15), chap. 309, Comp. Stat. 1913, Sec. 8583; 38 Stat. 220, chap. 32; Penn. R. Co. v. Puritan Coal Mining Co., 237 U. S. 121, 59 L. Ed. 867, 35 Sup. Ct. 484, 486, 487; Ill. C. R. Co. v. Mulberry Hill Coal Co., 238 U. S. 275, 59 L. Ed. 1306, 35 Sup. Ct. 760, 763.

§ 502. Meaning of Words "Rates" and "Carriers."When used in this section the term "rate" means rates, fares, and charges, and all classifications, regulations, and practices, relating thereto; the term "carrier" means a carrier by railroad or partly by railroad and partly by water, within the continental United States, subject to this Act, excluding (a) sleeping-car companies and express companies, (b) street or suburban electric railways unless operated as part of a general steam railroad system of transportation, (c) interurban electric railways unless operated as a part of a general steam railroad system of transportation or engaged in the general transportation of freight, and (d) any belt-line railroad terminal switching railroad, or other terminal facility, owned exclusively and maintained, operated, and controlled by any state or political subdivision thereof; and the term "net railway operating income" means railway operating income, including in the computation thereof debits and credits arising from equipment rents and joint facility rents.

Paragraph (1) of Section 15a, added by Section 422 of Transportation Act, 1920.

§ 503. Commission's Power to Initiate Rates-Fair Return. In the exercise of its power to prescribe just and reasonable rates the Commission shall initiate, modify, establish or adjust rates so that carriers as a whole (or as a whole in each of such rate groups or territories as the Commission may from time to time designate) will, under honest, efficient and economical management and reasonable expenditures for maintenance of way, structures and equipment, earn an aggregate annual net railway operating income equal, as nearly as may be, to a fair return upon the aggregate value of the railway property of such carriers held for and used in the service of transportation: Provided, That the Commission shall have reasonable latitude to modify or adjust any particular rate which it may find to be unjust or unreasonable, and to prescribe different rates for different. sections of the country.

Paragraph (2) of Section 15a, added by Section 422 of Transportation Act, 1920.

This section constitutional; its meaning discussed.-Day