Sec. 1 unnecessary. unauthorized con tions, or abandonment. certificate, and not before, the carrier by railroad may, without securing approval other than such certificate, Other approval comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covInjunction against ered thereby. Any construction, operation, or abandonstruction, opera- ment contrary to the provisions of this paragraph or of paragraph (18) or (19) of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. Penalty. Commission may require provision of facilities for car service. Extension of lines. ing as to convenience, necessity and ability. (21) The Commission may, after hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier by railroad subject to this part, party to such proceeding, to provide itself with safe and adequate facilities for performing as a common carrier its car service as that term is used in this part, and to extend its line or lines: ProPrerequisite find- vided, That no such authorization or order shall be made unless the Commission finds, as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier subject to this part which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall be liable to a penalty of $100 for each day during which 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. When certificate not required. (22) The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located Sec. 2 erated electric cepted. wholly within one State, or of street, suburban, or inter- Independently opurban electric railways, which are not operated as a railways expart or parts of a general steam railroad system of transportation. [(23). This paragraph, added to the act to regulate commerce by the act of Aug. 10, 1917, c. 51, 40 Stat. L. 272, and numbered by the act of Feb. 28, 1920, c. 91, sec. 403, 41 Stat. L. 479, was effective "during the war in which the United States is now engaged." It became noneffective under the joint resolution of Mar. 3, 1921, c. 136, 41 Stat. L. 1359, and has been omitted from this compilation, and also from the United States Code.] 66 [(24). This paragraph, added to the act to regulate commerce by the act of Aug. 10, 1917, c. 51, 40 Stat. L. 272, and numbered by the act of Feb. 28, 1920, c. 91, sec. 403, 41 Stat. L. 479, was effective during the continuance of the war in which the United States is now engaged." It became noneffective under the joint resolution of Mar. 3, 1921, c. 136, 41 Stat. L. 1359, and has been omitted from this compilation, and also from the United States Code.] SPECIAL RATES AND REBATES PROHIBITED 49 Stat. L. 543. nation defined rebates and devices. SEC. 2.1 [As amended February 28, 1920, June 19, 1934, 24 Stat. L. 379. and August 9, 1935.] [U. S. Code, title 49, sec. 2.] That 48 Stat. L. 1102. if any common carrier subject to the provisions of this Unjust discrimi part shall, directly or indirectly, by any special rate, re- and prohibited. bate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property,2 subject to the provisions of this part, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. 4 1See also the Elkins Act (approved Feb. 19, 1903) [32 Stat. L. 847] as amended (act of June 29, 1906) [34 Stat. L. 584] (U. S. Code, title 49, secs. 41-43), post. 2.66 or the transmission of intelligence" at this point repealed by Communications Act of 1934, sec. 602 (b), June 19, 1934 (48 Stat. L. 1102). or transmission" at this point repealed by Communications Act of 1934, sec. 602 (b), as in foregoing note. 4.66 or message" at this point repealed by Communications Act of 1934, sec. 602 (b), as in foregoing note. Sec. 3 24 Stat. L. 380. 41 Stat. L. 479. 44 Stat. L. 1447. 49 Stat. L. 543. 49 Stat. L. 607. Undue or unreasonable preference or advan PREFERENCES; INTERCHANGE OF TRAFFIC; TERMINAL FACILITIES SEC. 3. [As amended February 28, 1920, March 4, 1927, August 9, 1935, and August 12, 1935.] [U. S. Code, title 49, sec. 3.] (1)1 It shall be unlawful for any common carrier subject to the provisions of this Act to make or give any undue or unreasonable preference or advantage to any tage forbidden. particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, or any particular description of traffic, in any respect whatsoever or to subject any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Carrier not to deliver freight un Exception, rules scribed by Commission. or municipal governments or agencies. (2)2 No carrier by railroad subject to the provisions of til charges paid. this part shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates as to credit pre- and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time prescribe to govern the settlement of all such rates and charges and to prevent unjust discrimination: -Federal, State, Provided, That the provisions of this paragraph shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State or Territory or political subdivision thereof, or for the District of Columbia. Where carriers by railroad are instructed by beneficial title in a shipper or consignor to deliver property transported by such carriers to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and has no beneficial title in the property, and (b) prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and Nonliability of consignee when agent having no shipment. 'Discrimination, etc., by common carrier by motor vehicle prohibited, sec. 216 (d), post. 2 Similar provisions as to collection of rates and charges by common carriers by motor vehicle, sec. 223, post. shipments. Sec. 3 ficial owner. absence of beneficial title, and, in the case of a shipment Reconsigned reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner of the property. In such cases the Liability of bene shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner, shall be liable for such additional charges, irrespective of any provisions to the contrary in the bill of lading or in the contract under which the shipment was made. An action. for the enforcement of such liability may be begun within the period provided in paragraph (3) of section 16 or before the expiration of six months after final judgment against the carrier in an action against the consignee begun within the period provided in paragraph (3) of section 16. If the consignee has given to the carrier erroneous information as to who the beneficial owner if giving erroneis, such consignee shall himself be liable for such addi- carrier. tional charges, notwithstanding the foregoing provisons of this paragraph. An action for the enforcement of such liability may be begun within the period provided in paragraph (3) of section 16 or before the expiration of six months after final judgment against the carrier actions. in an action against the beneficial owner named by the consignee begun within the period provided in paragraph (3) of section 16. Consignee liable, ous statement to Limit of time for terchange of traf (3) All carriers, engaged in the transportation of passengers or property, subject to the provisions of this part, shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the inter- Facilities for inchange of traffic between their respective lines, and for fic. the receiving, forwarding, and delivering of passengers or property to and from their several lines and those connecting therewith, and shall not discriminate in their Discrimination rates, fares, and charges between such connecting lines, ing lines forbid or unduly prejudice any such connecting line in the distribution of traffic that is not specifically routed by the shipper. between connect den. require common (4) If the Commission finds it to be in the public Commission may interest and to be practicable, without substantially im- use of terminals. pairing the ability of a carrier owning or entitled to the enjoyment of terminal facilities to handle its own business, it shall have power to require the use of any such terminal facilities, including main-line track or tracks Sec. 4 Fixation of terms and compensa tion. for a reasonable distance outside of such terminal, of any carrier, by another carrier or other carriers, on such terms and for such compensation as the carriers affected may agree upon, or, in the event of a failure to agree, as the Commission may fix as just and reasonable for the use so required, to be ascertained on the principle controlling compensation in condemnation proceedings. Such compensation shall be paid or adequately secured before the enjoyment of the use may be commenced. If under this paragraph the use of such terminal facilities of any carrier is required to be given to another carrier or other carriers, and the carrier whose terminal facilities are required to be so used is not satisfied with the terms fixed for such use, or if the amount of compensation so fixed is not duly and promptly paid, the carrier whose terminal facilities have thus been required to be given to another carrier or other carriers shall be entitled to reRecovery of dam-cover, by suit or action against such other carrier or carwhose facilities riers, proper damages for any injuries sustained by it as the result of compliance with such requirement, or just compensation for such use, or both, as the case may be. ages by carrier are used. 24 Stat. L. 380. 36 Stat. L. 547. 41 Stat. L. 480. Long and short 49 Stat. L. 543. haul provision. LONG AND SHORT HAUL CHARGES; COMPETITION WITH WATER SEC. 4. [As amended June 18, 1910, February 28, 1920, and August 9, 1935.] [U. S. Code, title 49, sec. 4.] (1) That it shall be unlawful for any common carrier subject to the provisions of this part to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included. within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this part, but this shall not be construed as authorizing any common carrier within the terms of this part to charge or receive as great compensation for a shorter as for a longer dismission, from op- tance: Provided, That upon application to the Commission such common carrier may in special cases, after investigation, be authorized by the Commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission Relief, by Com eration of sec tion. |
