H Secs. 23-24 firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the part to which this is a supplement and all Acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities. for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be Writ may issue enforced by the writ is raised by the pleadings, the writ sation for service of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the Remedy by man- determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this part or the Act to which it is a supplement. although compen undetermined. damus is cumulative. 40 Stat. L. 595. 34 Stat. L. 584. 49 Stat. L. 481. larged -members; terms; compensation. ENLARGEMENT OF COMMISSION; SALARIES OF COMMISSIONERS SEC. 24.1 [Added June 29, 1906, amended August 9, 41 Stat. L. 497. 1917, February 28, 1920, and July 16, 1935.] That the Commission en-Commission is hereby enlarged so as to consist of eleven members, with terms of seven years, and each shall receive $12,000 compensation annually. The qualifications of the members and the manner of payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December 31, 1923, and one for a term expiring December 31, 1924. The terms of the present Commis Dur 1 The Act of Feb. 2, 1935 (49 Stat. L. 19) provides that Secs. 24-25 -terms of present sioners, or of any successor appointed to fill a vacancy and additional caused by the death or resignation of any of the present Commissioners. Commissioners, shall expire as heretofore provided by law. Their successors and the successors of the additional Commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Not more than six Commissioners shall qualifications. be appointed from the same political party. Upon the expiration of his term of office a Commissioner shall 49 Stat. L. 481. continue to serve until his successor is appointed and serve until sucshall have qualified. Hereafter the salary of the secretary of the Commission shall be $7,500 a year.❜ SCHEDULES AND RATES OF WATER CARRIERS IN FOREIGN COMMERCE Commissioner to cessor qualified. Salary of secretary. 41 Stat. L. 497. carriers by water merce. SEC. 25. [Added February 28, 1920, as amended August 9, 1935.] [U. S. Code, title 49, sec. 25.] (1) That every 49 Stat. L. 543. common carrier by water in foreign commerce, whose filed by common vessels are registered under the laws of the United States, in foreign comshall file with the Commission, within thirty days after this section becomes effective and regularly thereafter as changes are made, a schedule or schedules showing for each of its steam vessels intended to load general cargo at ports in the United State for foreign destinations (a) the ports of loading, (b) the dates upon which such vessels will commence to receive freight and dates of sailing, (c) the route and itinerary such vessels will follow and the ports of call for which cargo will be carried. Quotation on tion of rate for accruing charges, (2) Upon application of any shipper a carrier by railroad shall make request for, and the carrier by water shipper's applicashall upon receipt of such request name, a specific rate sailing, and other applying for such sailing, and upon such commodity as shall be embraced in the inquiry, and shall name in connection with such rate, port charges, if any, which accrue in addition to the vessel's rates and are not otherwise published by the railway as in addition to or absorbed in the railway rate. Vessel rates, if conditioned upon vessel rates conquantity of shipment, must be so stated and separate ditioned on quan 'The salary of the secretary of the Commission is now $9,000 a year, determined according to the Classification Act of 1923, as amended (45 Stat. L. 782), which supersedes the provision above quoted. tity of shipment. fied schedules. Publication of substance of schedules. rates may be provided for carload and less than carload shipments. The carrier by water, upon advices from a carrier by railroad, stating that the quoted rate is firmly accepted as applying upon a specifically named quantity of any commodity, shall, subject to such conditions as the Commission by regulation may prescribe, make firm reservation from unsold space in such steam vessel as shall be required for its transportation and shall so advise the carrier by railroad, in which advices shall be included the latest available information as to prospective sailing date of such vessel. 1 (3) As the matters so required to be stated in such Filing of modi- schedule or schedules are changed or modified from time to time, the carrier shall file with the Commission such changes or modifications as early as practicable after Commission may such modification is ascertained. The Commission is aumake regulations. thorized to make and publish regulations not inconsistent herewith governing the manner and form in which such carriers are to comply with the foregoing provisions. The Commission shall cause to be published in compact form, for the information of shippers of commodities throughout the country, the substance of such schedules, and furnish such publications to all railway carriers subject to this part, in such quantities that railway carriers Distribution by may supply to each of their agents who receive commodities for shipment in such cities and towns as may be specified by the Commission, a copy of said publication ; the intent being that each shipping community sufficiently important, from the standpoint of the export trade, to be so specified by the Commission shall have opportunity to know the sailings and routes, and to ascertain the transportation charges of such vessels engaged in foreign commerce. Each railway carrier to which such publication is furnished by the Commission is hereby required to distribute the same as aforesaid and to maintain such publication as it is issued from time to time, in the hands of its agents. The Commission is authorized to make such rules and regulations not inconsist railways. 'The 1927 appropriation act approved Apr. 22, 1926, 44 Stat. L. 314, and each subsequent appropriation act provided that no part of the appropriations made for printing and binding should be used for printing the schedules of sailings required by this section. Only appropriations made specifically and solely for printing and binding may be used for such purposes (U. S. Code, title 31, sec. 588). ent herewith respecting the distribution and maintenance of such publications in the several communities so specified as will further the intent of this section. Secs. 25-26 Issuance of lading when reserved. (4) When any consignor delivers a shipment of prop- through bill of erty to any of the places so specified by the Commission, space on vessel to be delivered by a railway carrier to one of the vessels upon which space has been reserved at a specified rate previously ascertained, as provided herein, for the transportation by water from and for a port named in the aforesaid schedule, the railway carrier shall issue a through bill of lading to the point of destination. Such hill of lading ahall noma conanatole the shana to ha noid Separate state Insert on page 83 of pamphlet Proviso added at the end of section 25, paragraph 4, by section 10 of the act approved April 16, 1936, Public-No. 521-74th Congress (Carriage of Goods by Sea Act): Provided, however, That insofar as any bill of lading authorized hereunder relates to the carriage of goods by sea, such bill of lading shall be subject to the provisions of the Carriage of Goods by Sea Act. INSTALLATION OF SAFETY DEVICES DIRECTED; NEGLIGENCE; PENALTY require installa or control, or vices. SEC. 26. [Added February 28, 1920, as amended Au- Commission may gust 9, 1935.] [U. S. Code, title 49, sec. 26.] That the tion of train stop Commission may, after investigation, order any carrier other safety de by railroad subject to this part, within a time specified in the order, to install automatic train-stop or train-control devices or other safety devices, which comply with specifications and requirements prescribed by the Commission, upon the whole or any part of its railroad, such order to be issued and published at least two years before the date specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon a portion of its railroad not Secs. 27, 201-202 41 Stat. L. 498. included in the order; and any action arising because of 49 Stat. L. 543. stalling such de of road not in cluded in order. Effect of not in- an accident happening upon such portion of its railroad vices on portions shall be determined without consideration of the use of such devices upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States. Penalty. CITATION 41 Stat. L. 499. 49 Stat. L. 543. SEC. 27.1 [Added February 28, 1920, as amended Act cited as " In August 9, 1935.] [U. S. Code, title 49, sec. 27.] That this part may be cited as the "Interstate Commerce Act." terstate Com merce Act." THE MOTOR CARRIER ACT, 1935 [U. S. Code, Sup. I, Title 49, Chapter ] SHORT TITLE SEC. 201. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 543. I, title 49, sec. 301.] This part may be cited as the Citation. 49 Stat. L. 543. Policy stated. -inherent advantages preserved. Reasonable charges. "Motor Carrier Act, 1935." DECLARATION OF POLICY AND DELEGATION OF JURISDICTION SEC. 202. [Added August 9, 1935.] [U. S. Code, Sup. ·I, title 49, sec. 302.] (a) It is hereby declared to be the policy of Congress to regulate transportation by motor carriers in such manner as to recognize and preserve the inherent advantages of, and foster sound economic conditions in, such transportation and among such carriers in the public interest; promote adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices; improve the relations between, and co 'The act of August 9, 1935 (49 Stat. L. 543), amended the Interstate Commerce Act, as amended, by substituting for the words "this Act", wherever they occurred, the words "this part", but provided that "such part I may continue to be cited as the 'Interstate Commerce Act', and that the Interstate Commerce Act should be further amended by adding Part II, the Motor Carrier Act, 1935, |