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ized to make such rules and regulations not inconsistent 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 and 26

Issuance of lading when space

through bill

of

on vessel reserved.

(4) When any consignor delivers a shipment of property to any of the places so specified by the Commission, 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 bill of lading shall name separately the charge to be paid Separate statefor the railway transportation, water transportation, and port charges, if any, not included in the rail or water. transportation charge; but the carrier by railroad shall

liable after deliv

not be liable to the consignor, consignee, or other person Railroad not interested in the shipment after its delivery to the vessel. ery to vessel. The Commission shall, in such manner as will preserve for the carrier by water the protection of limited liability provided by law, make such rules and regulations not inconsistent herewith as will prescribe the form of such through bill of lading. In all such cases it shall be the Form of through duty of the carrier by railroad to deliver such shipment be prescribed. to the vessel as a part of its undertaking as a common liver shipment to

carrier.

bill of lading may

Railroad to de

vessel.

not arrangement

(5) The issuance of a through bill of lading covering Through bill shipments provided for herein shall not be held to for continuous constitute "an arrangement for continuous carriage or ment. shipment" within the meaning of this Act.

carriage or ship

may require in

stop or control, or

vices.

SEC. 26. [Added February 28, 1920.] That the Com- Commission mission may, after investigation, order any carrier by stallation of train railroad subject to this Act, within a time specified in the other safety deorder, 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 41 Stat. L., 498. install such devices upon a portion of its railroad not in-Effect of not included in the order; and any action arising because of an road not inaccident happening upon such portion of its railroad cluded in order.

1 See Block Signal Resolution, post, page 223.

stalling such devices on portions

Sees. 26 and 27

Penalty.

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 re41 Stat. L., 499. Covered in a civil action brought by the United States. Act cited as SEC. 27. [Added February 28, 1920.] That this Act may be cited as the "Interstate Commerce Act."

"Interstate Commerce Act."

aid of evidence.

MISCELLANEOUS ACTS AND ADDITIONAL PROVISIONS

84 Stat. L., 584. [Additional provisions in Act of June 29, 1906.] Applicability of (SEC. 9.) That all existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act.

34 Stat. L., 584. Conflicting laws repealed.

84 Stat. L., 584.

When act effec

tive.

Time of taking effect extended to Aug. 28, 1906.

(SEC. 10.) That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed; but the amendments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.

(SEC. 11.) That this Act shall take effect and be in force from and after its passage.

Joint resolution of June 30, 1906, provides: "That the Act entitled 'An Act to amend an Act entitled "An Act to regulate commerce," approved February 4, 1887, and all 84 Stat. L., 838. Acts amendatory thereof, and to enlarge the powers of

Carriers must

designate agent

for purposes

service.

the Interstate Commerce Commission,' shall take effect and be in force sixty days after its approval by the President of the United States."

[Additional provisions in Act of June 18, 1910.] (SEC. in Washington 6, par. 2.) It shall be the duty of every common carrier subject to the provisions of this Act, within sixty days after the taking effect of this Act, to designate in writing 86 Stat. L., 539, an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said Commerce Court, and

Service on such

agent.

to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or Com- Service by postmerce Court may be made by posting such notice or ing process in the office of the secretary of the Interstate Commerce Commission.

process.

notice or

Pending litiga

(SEC. 15.) That nothing in this Act contained shall 86 Stat. L., 589. undo or impair any proceedings heretofore taken by or before the Interstate Commerce Commission or any of tion unaffected. the acts of said Commission; and in any cases, proceedings, or matters now pending before it, the Commission may exercise any of the powers hereby conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated and nothing in this Act contained Existing liabil shall operate to release or affect any obligation, liability, penalty, or forfeiture heretofore existing against or incurred by any person, corporation, or association.

(SEC. 18.) That this Act shall take effect and be in force from and after the expiration of sixty days after its passage, except as to sections twelve and sixteen, which sections shall take effect and be in force immediately.

ities unaffected.

86 Stat. L., 539.

Act effective August 17, 1910.

88 Stat. L., 627.

Transportation

valuation forces

[Provision in Sundry Civil Appropriations Act, August 1, 1914.] It shall be the duty of every common of Commission's carrier by railroad whose property is being valued under and supplies. the Act of March first, nineteen hundred and thirteen, to transport the engineers, field parties, and other employees of the United States who are actually engaged in making surveys and other examination of the physical property of said carrier necessary to execute said Act from point to point on said railroad as may be reasonably required by them in the actual discharge of their duties; and, also, to move from point to point and store at such points as may be reasonably required the cars of the United States which are being used to house and maintain said employees; and, also, to carry the supplies

89 Stat. L., 922.

Free transpor

of Cincinnati

necessary to maintain said employees and the other property of the United States actually used on said railroad in said work of valuation. The service above required shall be regarded as a special service and shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission and as will insure an accurate record and account of the service rendered by the railroad, and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission.

[Act of February 17, 1917.] Nothing contained in the tation for trustees Act to regulate commerce, approved February fourth, Southern Railway, eighteen hundred and eighty-seven, or the Acts amendatory thereof, shall be so construed by the Interstate Commerce Commission, or by the courts, as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assumed in leasing said railway to furnish free transportation to the trustees of said Cincinnati Southern Railway, their officers and agents: Provided, That the free.transportation referred to shall be furnished only when persons entitled thereto are traveling on the business of the company.

89 Stat. L., 646. Reduced rates

for members of 1916.]

National Guard.

89 Stat. L., 419. Carriage free

officers of Post

ment.

[Provisions in Army Appropriaiton Act, August 29, Hereafter nothing in the Act of February fourth, eighteen hundred and eighty-seven, known as the Act to regulate commerce, or any amendments thereto, shall be construed to prohibit any common carrier from giving reduced rates for members of National Guard organizations traveling to and from joint encampments with the Regular Army.

[Provision from the Post Office Department Approof agents and priation Act, July 28, 1916.] That hereafter every railOffice Depart-road company carrying the mails shall carry on any train it operates and without extra charge therefor the persons in charge of the mails and when on duty and traveling to and from duty, and all duly accredited agents and officers of the Post Office Department and the Railway Mail Service and Post Office inspectors while traveling on official business, upon the exhibition of their credentials.

88 Stat. L., 278.

[Act of January 21, 1914.] No suit brought in any Removal of State court of competent jurisdiction against a railroad in controversy. company, or other corporation, or person, engaged in

causes; amount

and carrying on the business of a common carrier, to recover damages for delay, loss of, or injury to property received for transportation by such common carrier under section twenty of the Act to regulate commerce, approved February fourth, eighteen hundred and eightyseven, as amended June twenty-ninth, nineteen hundred and six, April thirteenth, nineteen hundred and eight, February twenty-fifth, nineteen hundred and nine, and June eighteenth, nineteen hundred and ten, shall be removed to any court of the United States where the matter in controversy does not exceed, exclusive of interest and costs, the sum or value of $3,000.

Interstate com

[Provision in Act to provide a Civil Government for 89 Stat. L., 964. Porto Rico, March 2, 1917.] The interstate-commerce merce and other Acts not applicaAct and the several amendments made or to be made ble to Porto Rico, thereto, the safety-appliance Acts and the several amendments made or to be made thereto, and the Act of Congress entitled "An Act to amend an Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their stocks, bonds, and other securities," approved March first, nineteen hundred and thirteen, shall not apply to Porto Rico.

Violators of

to use Panama

[Provision in Panama Canal Act, August 24, 1912.] 87 Stat. L., 567. No vessel permitted to engage in the coastwise or foreign antitrust act not trade of the United States shall be permitted to enter Canal. or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," or the provisions of sections seventy-three to seventyseven, both inclusive, of an Act approved August twentyseventh, eighteen hundred and ninety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or the provisions of any other Act of Congress amending or supplementing the said Act of July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen hundred and ninety-four. The

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