Sec. 6 filed with Com reduce competition on the route by water under consid- SCHEDULES AND STATEMENTS OF RATES, ETC., JOINT RAIL AND Stat. L. 380. 25 Stat. L. 855. Stat. L. 586. 41 Stat. L. 483. 49 Stat. L. 543. ing and filing; SEC. 6.1 [Amended March 2, 1889, June 29, 1906, June 24 18, 1910, August 24, 1912, August 29, 1916, February 28, 34 1920, and August 9, 1935.] [U. S. Code, title 49, sec. 6.] (1) That every common carrier subject to the provisions of this part shall file with the Commission created by this Schedules, printpart and print and keep open to public inspection sched- open to public. ules showing all the rates, fares, and charges for transportation between different points on its own route and between points on its own route and points on the route of any other carrier by railroad, by pipe line, or by water when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall Components apfile, print and keep open to public inspection as aforesaid, joint rate estabthe separately established rates, fares, and charges applied to the through transportation. The schedules what schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all 'Tariffs of common carriers by motor vehicle, sec. 217; of contract carriers by motor vehicle, sec. 218, post. plicable when no lished. shall show. Sec. 6 lic inspection. privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to Posting for pub- the passenger, shipper, or consignee. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently intation, and fa- spected. The provisions of this section shall apply to all traffic, transportation, and facilities defined in this part. Applies to all traffic, transpor cilities. Schedules of rates, freight car eign country. (2) Any common carrier subject to the provisions of ried through for this part receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States the through rate on which shall not have been made public, as required by this part, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production. Freight subject to customs duties rates not pub when through Thirty days' notice of change in (3) No change shall be made in the rates, fares, and rates required. charges or joint rates, fares, and charges which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That the 'Similar provisions as to changes in tariffs of common carriers by motor vehicle, sec. 217 (c); as to reductions in schedules of contract carriers by motor vehicle, sec. 218 (a), post. Sec. 6 Commission may modify require tion. fication of sched Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein ments of this sec specified, or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions: Provided further, That the Commission is hereby authorized Rules for simplito make suitable rules and regulations for the simplifica-les and amendtion of schedules of rates, fares, charges, and classifications and to permit in such rules and regulations the filing of an amendment of or change in any rate, fare, charge, or classification without filing complete schedules covering rates, fares, charges or classifications not changed if, in its judgment, not inconsistent with the public interest. (4) The names of the several carriers which are parties specify carriers to any joint tariff shall be specified therein, and each of participating. the parties thereto, other than the one filing the same, shall file with the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence currence; effect of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties. Joint tariffs to Evidence of con of filing. of traffic (5)3 Every common carrier subject to this part shall also file with said Commission copies of all contracts, Copies and aragreements, or arrangements with other common carriers rangements to be in relation to any traffic affected by the provisions of this part to which it may be a party. 4 filed. prescribe forms (6) The Commission may determine and prescribe the form in which the schedules required by this section to be Commission may kept open to public inspection shall be prepared and of schedules. arranged and may change the form from time to time as shall be found expedient. 5 Carrier not to en tation unless (7) No carrier, unless otherwise provided by this part, gage in transporshall engage or participate in the transportation of pas- schedules filed sengers or property, as defined in this part, unless the and published. rates, fares, and charges upon which the same are trans 4 'Filing copies of contracts of motor carriers, sec. 220 (a), post. Form of tariffs, common carriers by motor vehicle, sec. 217 (a), post. 'Similar provisions as to common carriers by motor vehicle, sec. 217 (b), (d); as to contract carriers by motor vehicle, sec. 218 (a), post. Provisions of this section apply to joint interchangeable mileage tickets, sec. 22 (1), post. 20049°-35 3 Sec. 6 to be strictly observed. ported by said carrier have been filed and published in accordance with the provisions of this part; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation Published rates of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs. Preference and expedition of mil ing war. (8) That in time of war or threatened war preference itary traffic dur- and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace 39 Stat. L. 604. shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned. No embargo as to shipments for United States. 36 Stat. L. 548. (9) The Commission may reject and refuse to file any schedule that is tendered for filing which does not proRejection of de vide and give lawful notice of its effective date, and any fective schedules; schedule so rejected by the Commission shall be void and its use shall be unlawful. use 36 Stat. L. 548. ure to comply (10) In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with the terms of any regulation adopted and promulgated or any order Penalty for fail- made by the Commission under the provisions of this with regulation. section, such carrier, receiver, or trustee shall be liable to a penalty of five hundred dollars for each such offense, and twenty-five dollars for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (11) If any common carrier subject to the provisions 36 Stat. L. 548. of this part, after written request made upon the agent of such carrier hereinafter in this section referred to, by 6 Similar provision as to common carriers by motor vehicle, sec. 217 (a), post. Sec. 6 written statement any person or company for a written statement of the rate Carrier to furnish or charge applicable to a described shipment between of rate. stated places under the schedules or tariffs to which such carrier is a party, shall refuse or omit to give such written statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person or company making such request suffers damage in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a line or route for which the proper rate is higher than the rate over another available line or route, or through entering into any sale or other contract whereunder such person or company obligates himself or itself to make such shipment of freight at his or its cost, then the said carrier shall be liable to a penalty of two hun- Penalty for re dred and fifty dollars, which shall accrue to the United ment of rate. States and may be recovered in a civil action brought by the United States. fusal or misstate agent to be (12) It shall be the duty of every carrier by railroad Name of carrier's to keep at all times conspicuously posted in every station posted. where freight is received for transportation the name of an agent resident in the city, village, or town where such station is located, to whom application may be made for 36 Stat. L. 548. the information by this section required to be furnished on written request; and in case any carrier shall fail at any time to have such name so posted in any station, it shall be sufficient to address such request in substantially the following form: "The Station Agent of the Company at Station," together with the name of the proper post office, inserting the name of the carrier company and of the station in the blanks, and to serve the same by depositing the request so addressed, with postage thereon prepaid, in any post office. diction of Com and water traf (13) When property may be or is transported from Additional jurispoint to point in the United States by rail and water mission over rail through the Panama Canal or otherwise, the transporta- fic tion being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate 37 Stat. L. 568. Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the follow 'Orders hereunder shall be made only in formal proceedings and after hearing, Panama Canal Act, sec. 11 (d), [U. S. Code, title 49, sec. 511, post. |
