Consent of the

to

changes in zones,

post.

in parcel

sirable, or to permanently render the cost of the service greater than the receipts of the revenue there from, he is hereby authorized, subject to the consent of the Inter- Commission state Commerce Commission after investigation, to re- etc., form from time to time such classification, weight limit, rates, zone or zones or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost thereof.

may be re-formed.

If the Postmaster General shall find on experience Classification that the classification of articles mailable, as well as the weight limit, or the rates of postage, zone or zones, and other conditions of mailability, under section eight 89 Stat. L., 412. of the act approved August twenty-fourth, nineteen hundred and twelve, or any of them, are such as to prevent the shipment of articles desirable, or to permanently render the cost of the service greater than the receipts of the revenue therefrom, he is hereby authorized to re-form from time to time such classification, weight limit, rates, zone or zones, or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost thereof: Provided, however, That before any change is here- Proposed after made in weight limit, rates of postage, or zone or proved by Comzones, by the Postmaster General, the proposed change shall be approved by the Interstate Commerce Commission after thorough and independent consideration by that body in such manner as it may determine.

*

[Provision in the Post Office Department Appropriation Act of February 28, 1925]

*

changes to be ap

mission.

reform classifica

The classification of articles mailable, as well as the 48 Stat. L., 1067. weight limit, the rates of postage, zone or zones and other conditions of mailability under this section if the Postmaster General shall find on experience that they or Authority to any of them are such as to prevent the shipment of tion, rates, etc., articles desirable, or to permanently render the cost of articles. the service greater than the receipts of the revenue therefrom, he is hereby directed, subject to the consent of the Interstate Commerce Commission after investigation, to reform from time to time such classifications, weight Commerce Com

of parcel post

Subject to consent of Interstate

mission.

Mails in freight trains.

89 Stat. L., 412.

Evidence under

oath.

Information from the Commission.

Commission may determine certain rates.

Less frequent service.

limit, rates, zone or zones or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost thereof.

RAILWAY MAIL SERVICE PAY

[Provision in the Post Office Department Appropriation Act of July 28, 1916]

The provisions of this section respecting the rates of compensation shall not apply to mails conveyed under special arrangement in freight trains, for which rates not exceeding the usual and just freight rates may be paid, in accordance with the classifications and tariffs approved by the Interstate Commerce Commission.

Railroad companies carrying the mails shall submit, under oath, when and in such form as may be required by the Postmaster General, evidence as to the performance of service.

The Postmaster General shall, from time to time, request information from the Interstate Commerce Commission as to the revenue received by railroad companies from express companies for services rendered in the transportation of express matter, and may, in his discretion, arrange for the transportation of mail matter other than of the first class at rates not exceeding those so ascertained and reported to him, and it shall be the duty of the railroad companies to carry such mail matter at such rates fixed by the Postmaster General.

The Postmaster General is authorized, in his discretion, to petition the Interstate Commerce Commission for the determination of a postal carload or less-than-carload rate for transportation of mail matter of the fourth class and periodicals, and may provide for and authorize such transportation, when practicable, at such rates, and it shall be the duty of the railroad companies to provide and perform such service at such rates and on the condi tions prescribed by the Postmaster General.

The Postmaster General may, in his discretion, distinguish between the several classes of mail matter and provide for less frequent dispatches of mail matter of the third and fourth classes and periodicals when lower rates for transportation or other economies may be secured thereby without material detriment to the service.

The Postmaster General is authorized to return to the mails, when practicable for the utilization of car space paid for and not needed for the mails, postal cards, stamped envelopes, newspaper wrappers, empty mail bags, furniture, equipment, and other supplies for the Postal Service.

Supplies in car space.

empty mail bags.

The Postmaster General, in cases of emergency be- Return of tween October first and April first of any year, may hereafter return to the mails empty mail bags and other equipment theretofore withdrawn therefrom as required by law, and, where such return requires additional authorization of car space under the provisions of this section, to pay for the transportation thereof as provided for herein out of the appropriation for inland transportation by railroad routes.

taken.

The Postmaster General may have the weights of mail Weights of mail taken on railroad mail routes, and computations of the average loads of the several classes of cars and other computations for statistical and administrative purposes made at such times as he may elect, and pay the expense thereof out of the appropriation for inland transportation by railroad routes.

Pending the decision of the Interstate Commerce Commission, as hereinafter provided for, the existing method and rates of railway mail pay shall remain in effect, except on such routes or systems as the Postmaster General shall select, and to the extent he may find it practicable and necessary to place upon the space system of pay in the manner and at the rates provided in this section, with the consent and approval of the Interstate Commerce Commission, in order to properly present to the Interstate Commerce Commission the matters hereinafter referred thereto: Provided, That if the final decision of the Interstate Commerce Commission shall be adverse to the space system, and if the rates established by it under whatever method or system is adopted shall be greater or less than the rates under this section, the Postmaster General shall readjust the compensation of the carriers on such selected routes and systems in accordance therewith, from the dates on which the rates named in this section became effective.

Existing meth

od of mail pay

to be temporarily

maintained.

and reasonable.

All railway common carriers are hereby required to Pay to be fair transport such mail matter as may be offered for transportation by the United States in the manner, under the

5238°-2612

empowered to fix

conditions, and with the service prescribed by the Postmaster General and shall be entitled to receive fair and reasonable compensation for such transportation and for the service connected therewith.

Commission The Interstate Commerce Commission is hereby emreasonable rates powered and directed as soon as practicable to fix and determine from time to time the fair and reasonable rates and compensation for the transportation of such mail matter by railway common carriers and the service connected therewith, prescribing the method or methods by weight, or space, or both, or otherwise, for ascer taining such rate or compensation, and to publish the same, and orders so made and published shall continue in force until changed by the Commission after due notice and hearing.

be considered.

Distinction to In fixing and determining the fair and reasonable rates for such service the Commission shall consider the relation existing between the railroads as public service corporations and the Government, and the nature of such service as distinguished, if there be a distinction, from the ordinary transportation business of the railroads.

Information to

be furnished by

eral.

The procedure for the ascertainment of said rates and compensation shall be as follows:

Within three months from and after the approval of Postmaster Gen- this act, or as soon thereafter as may be practicable, the Postmaster General shall file with the Commission a statement showing the transportation required of all railway common carriers, including the number, equipment, size, and construction of the cars necessary for the transaction of the business; the character and speed of the trains which are to carry the various kinds of mail; the service, both terminal and en route, which the carriers are to render; and all other information which may be material to the inquiry, but such other information may be filed at any time in the discretion of the Commission.

Clerical force.

The Postmaster General is authorized to employ such clerical and other assistance as shall be necessary to carry out the provisions of this section, and to rent quarters in Washington, District of Columbia, if neces sary, for the clerical force engaged thereon, and to pay for the same out of the appropriation for inland Plan of Post- transportation by railroad routes. The Postmaster Genmaster General. eral shall file with the Commission a comprehensive plan for the transportation of the mails on said railways and shall embody therein what he believes to be the

reasonable rate or compensation the said railway carriers

should receive.

riers.

Thereupon the Commission shall give notice of not Notice to car less than thirty days to each carrier so required to transport mail and render service, and upon a day to be fixed by the Commission, not later than thirty days after the expiration of the notice herein required, each of said carriers shall make answer and the Commission shall proceed with the hearing as now provided by law for other Hearings. hearings between carriers and shippers or associations.

All the provisions of the law for taking testimony, Testimony. securing evidence, penalties, and procedure are hereby made applicable.

Classification of

carriers.

weighing.

For the purpose of determining and fixing rates or compensation hereunder the Commission is authorized to make such classification of carriers as may be just and reasonable and, where just and equitable, fix general rates applicable to all carriers in the same classification. Pending such hearings, and the final determination of Additional the question, if the Interstate Commerce Commission shall determine that it is necessary or advisable, in order to carry out the provisions of this section, to have additional and more frequent weighing of the mails for statistical purposes, the Postmaster General, upon request of the Commission, shall provide therefor in the manner now prescribed by law, but such weighing need not be for more than thirty days.

rates.

At the conclusion of the hearing the Commission shall Order fixing establish by order a fair, reasonable rate or compensation to be received, at such stated times as may be named in the order, for the transportation of mail matter and the service connected therewith, and during the continuance of the order the Postmaster General shall pay the carrier from the appropriation herein made such rate or compen

sation.

Either the Postmaster General or any such carrier may at any time after the lapse of six months from the entry of the order assailed apply for a reexamination, and thereupon substantially similar proceedings shall be had with respect to the rate or rates for service covered by said application, provided said carrier or carriers have an interest therein.

For the purposes of this section the Interstate Commerce Commission is hereby vested with all the powers which it is now authorized by law to exercise in the in

Reexamination.

Powers of the Commission.