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Secs. 21 and 22

of Congress.

24 Stat. L., 379.

Transportation

rates

42 Stat, L., 827. mental or charitable purposes.

Annual reports Sec. 21. [As amended March 2, 1889.] That the Com

mission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of

commerce, together with such recommendations as to 25 Stat. L., 856. additional legislation relating thereto as the Commission

may deem necessary; and the names and compensation of the persons employed by said Commission.'

SEC. 22. [As amended March 2, 1889, February 8, 1895, free or at reduced and August 18, 1922.] [See section 1, par. 7, ante, p. 4.]

24 Stat. L., 879. (1) That nothing in this Act shall prevent the carriage, 25 Stat. L., 855. storage, or handling of property free or at reduced rates, -for govern for the United States, State, or municipal governments,

or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such

transportation, or the issuance of mileage, excursion, or sion, or commu- commutation passenger tickets; nothing in this Act shall

be construed to prohibit any common carrier from giving

reduced rates to ministers of religion, or to municipal 25 Stat. L., 856. governments for the transportation of indigent persons, or

to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this Act

shall be construed to prevent railroads from giving free

and carriage to their own officers and employees, or to prevent employees of railroad companies. the principal officers of any railroad company or compa

nies from exchanging passes or tickets with other railroad

companies for their officers and employees; and nothing 24 Stat. L., 379. in this Act contained shall in any way abridge or alter

the remedies now existing at common law or by statute, common-law but the provisions of this Act are in addition to such

remedies: Provided, That no pending litigation shall in any way be affected by this Act: Provided further, That

,

tation passenger tickets,

24 Stat. L., 379,

Officers

Act cumulative to remedies.

1 See provision as to names and compensation of Commission's employees, post, page 84.

* See provision as to valuation field partles, etc., post, page 81.

28 Stat. L., 648.

Sec. 22 nothing in this Act shall prevent the issuance of joint, Joint inter: interchangeable five-thousand-mile tickets, with special Ave-thousands privileges as to the amount of free baggage that may be Free baggage. carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provisions of this Act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges Rates to be pub on which such joint interchangeable mileage tickets are observed. to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates by section six of this Act; and all the provisions of said section six relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges referred to in said section six. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of Penalties. section ten of this Act shall apply to any violation of the requirements of this proviso.

(2) The Commission is directed to require, after notice Interchangeable and hearing, each carrier by rail, subject to this Act, to issue at such offices as may be prescribed by the Commission interchangeable mileage or scrip coupon tickets at just and reasonable rates, good for passenger carriage upon the passenger trains of all carriers by rail subject to this Act. The Commission may in its discretion ex- Exemption. empt from the provisions of this amendatory Act either in whole or in part any carrier where the particular circumstances shown to the Commission shall justify such exemption to be made. Such tickets may be required to be issued in such denominations as the Commission may pre

5238°-26

42 Stat. L., 827.

mileage tickets.

-6

Becs. 22 and 23

Rules and regulations.

Refusal to com

a .

Penalty.

25 Stat. L., 855.

Mandamus to compel

movement of traffic or the furnishing of transportation facilities,

seribe. Before making any order requiring the issuance of any such tickets the Commission shall make and publish such reasonable rules and regulations for their issuance and use as in its judgment the public interest demands: and especially it shall prescribe whether such tickets are transferable or nontransferable, and if the latter, what identification may be required; and especially, also to what baggage privileges the lawful holders of such tickets are entitled.

(3) Any carrier which, through the act of any agent or ply? misde employee, willfully refuses to issue or accept any such

ticket demanded or presented under the lawful requirements of this Act, or willfully refuses to conform to the rules and regulations lawfully made and published by the Commission hereunder, or any person who shall willfully offer for sale or carriage any such ticket contrary to the said rules and regulations shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $1,000.

SEC. 23. [Added March 2, 1889.] That the circuit and district courts of the United States shall have jurisdiction

upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the Act 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 apply. ing for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for

the service to be enforced by the writ is raised by the Writ may issue pleadings, the writ of peremptory mandamus may issue.

compensation for service 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 determination of the question of fact: Promandamus is our vided, That the remedy hereby given by writ of manda

mus shall be cumulative, and shall not be held to exclude

undetermined.

cu

mulative.

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34 Stat, L.,584.

enlarged- members; terms; compensa

and

Secs, 23-25 or interfere with other remedies provided by this Act or the Act to which it is a supplement.

Sec. 24. [Added June 29, 1906, amended August 9, 1917, 10 Stat. L., 270. and February 28, 1920.] That the Commission is hereby 41 Stat. L., 497. enlarged so as to consist of eleven members, with terms Commission of seven years, and each shall receive $12,000 compensation annually. The qualifications of the members tion. 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 commissioners, or of any suc- terms of present cessor appointed to fill a vacancy caused by the death or commissioners. resignation of any of the present 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-qualificatione, six commissioners shall be appointed from the same political party. Hereafter the salary of the secretary of Salary of secrethe Commission shall be $7,500 a year.

Sec

SEC. 25.1 [Added February 28, 1980.] (1) That every 41 Stat. L., 497, common carrier by water in foreign commerce, whose vessels are registered under the laws of the United States, carriers by water

in foreign comshall file with the Commission, within thirty days after merce. 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 States 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, (2) Upon application of any shipper a carrier by rail. chi Quotation

shipper's applicaroad shall make request for, and the carrier by water tion of rate for

other shall upon receipt of such request name, a specific rate accruing chargca. applying for such sailing, and upon such commodity as

tary.

Schedules to be filed by common

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*1 See Merchant Marine Act, post, page 177.

Sec. 25

ment.

road.

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 Vessel rates in the railway rate. Vessel rates, if conditioned upon quantity of ship- quantity of shipment, must be so stated and separate

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 of reservation from unsold space in such steam vessel as carrier for rail- shall be required for its transportation and shall so ad

vise the carrier by railroad, in which advices shall be included the latest available information as to prospective sailing date of such vessel.

(3) As the matters so required to be stated in such Filing of modi- schedule or schedules are changed or modified from time fied schedules.

to time, the carrier shall file with the Commission such

changes or modifications as early as practicable after Commission such modification is ascertained. The Commission is lations. authorized to make and publish regulations not incon

sistent herewith governing the manner and form in which

such carriers are to comply with the foregoing provisions. Publication of The Commission shall cause to be published in compact substance

form, for the information of shippers of commodities throughout the country, the substance of such schedules, and furnish such publications to all railway carriers sub

ject to this Act, in such quantities that railway carriers Distribution may supply to each of their agents who receive comby railways. modities 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 bereby 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 author

may make regu

of

schedules.

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