39 Stat. L., 738. Commission question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or eperators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States. [Provision from the Shipping Board Act, September 7, 1916.] SEC. 33. That this Act shall not be construed to affect Jurisdiction of the power or jurisdiction of the Interstate Commerce affected by Ship-Commission, nor to confer upon the board concurrent power or jurisdiction over any matter within the power or jurisdiction of such Commission; nor shall this Act be construed to apply to intrastate commerce. ping Board Act. 88 Stat. L., 1140. [Provision in the Deficiencies Appropriations Act of Names and March 4, 1915.] A complete statement showing the Commission's em- employments under this and all other appropriations compensation of ployees. 41 Stat. L., 590. Traffic balances to be certified to. heretofore made for the valuation of carriers shall be * * * [Provision in the Urgent Deficiency Appropriations due from carriers Act of May 8, 1920.] The Interstate Commerce Commiswith excess cred- sion, in certifying to the Secretary of the Treasury the its payable there- amount payable to any carrier under paragraphs (f) and (g) of section 204 of the Transportation Act, 1920, also shall certify to the Secretary of the Treasury such sums, if any, as may be due from such carrier to the President (as operator of transportation systems under Federal control) on account of traffic balances or other indebtedness. Deduction to be The amount so certified to be due the President, upon his request, shall be deducted by the Secretary of the Treasury from the amount so certified to be due such carrier and thereupon shall be transferred from the appropriation made in paragraph (g) of the said section 204 and credited by him to the appropriation made in section 202 of the Transportation Act, 1920. Such de made. Credit for. ductions shall be considered as a payment pro tanto of such indebtedness to the Government. 41 Stat. L., 1061. 42 Stat. L., 496. 43 Stat. L., 1091. Naval radio sta tions. Rates subject review. [Provision in Joint Resolution of June 5, 1920, as amended April 14, 1922, and as amended February 28, 1925.] The Secretary of the Navy is hereby authorized, under terms and conditions and at rates prescribed by him, which rates shall be just and reasonable, and to Commission's which, upon complaint, shall be subject to review and revision by the Interstate Commerce Commission, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Public uses of, Department (a) for the reception and transmission of authorized. press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for 2 the reception and transmission of private commercial Press messages. Private com than by private when private sta messages between ships and between ship and shore: Pro- mercial messages. vided, That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, the Philippine Islands, the Virgin Islands, and the Orient, shall not be less than the rates charged by Prices not less privately owned and operated stations for like mes stations. sages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as between Terminations any countries or localities or localities or between any locality tions capable of and privately operated ships whenever privately owned ments. and operated stations are capable of meeting the normal communication requirements between between such countries or localities or between any locality and privately operated ships, and the Secretary of Commerce shall have notified the Secretary of the Navy thereof, and in any event all rights conferred by this section shall terminate and cease on June 30, 1927, except that all such rights conferred by this section in the Republic of China shall terminate and cease on January 1, 1924. meeting require Final termination. 41 Stat. L., 947. ment authorized Loans for equip [Provision in the Sundry Civil Appropriation Act of June 5, 1920.] The loans for equipment authorized by section 210, Transportation Act, 1920, may be made to to car trusts, etc. or through such organization, car trust or other agency as may be determined upon or approved or organized for Approved by the purpose by the Commission as most appropriate in Commission. Payment. rates. the public interest for the construction, and sale or lease of equipment to carriers, upon such general terms as to security and payment or lease as provided in this section or in subsections 11 and 13 of section 422 of the Transportation Act, 1920. 48 Stat. L., 801. [Joint Resolution of January 30, 1925.] That it is Policy declared hereby declared to be the true policy in rate making to as to freight be pursued by the Interstate Commerce Commission in adjusting freight rates, that the conditions which at any given time prevail in our several industries should be considered in so far as it is legally possible to do so, to the end that commodities may freely move. Commission to investigate. existing rates. That the Interstate Commerce Commission is authorized and directed to make a thorough investigation of the rate structure of common carriers subject to the interstate commerce act, in order to determine to what extent and in what manner existing rates and charges may be unjust, unreasonable, unjustly discriminatory, or unduly preferential, thereby imposing undue burdens, or giving undue advantage as between the various localities and parts of the country, the various classes of traffic, and the various classes and kinds of commodities, and to make in accordance with law, such changes, adjustments, and redistribution of rates and charges as may be found Defects to be necessary to correct any defects so found to exist. In making any such change, adjustment, or redistribution Elements to be the Commission shall give due regard, among other fac corrected. considered, tors, to the general and comparative levels in market value of the various classes and kinds of commodities as indicated over a reasonable period of years to a natural and proper development of the country as a whole, and to the maintenance of an adequate system of transportation. In the progress of such investigation the Commission shall, from time to time, and as expeditiously as possible, make such decisions and orders as it may find is to be necessary or appropriate upon the record then made in order to place the rates upon designated classes of traffic upon a just and reasonable basis with relation to other rates. Such investigation shall be conducted with due regard to other investigations or proceedings affecting rate adjustments which may be pending before the Commission. Orders to be expeditiously sued. Pending investigations. Agricultural In view of the existing depression in agriculture, the products and live Commission is hereby directed to effect with the least stock. Sec. 1 compatible with service. practicable delay such lawful changes in the rate structure of the country as will promote the freedom of movement by common carriers of the products of agriculture Lowest possible affected by that depression, including livestock, at the rates to be made lowest possible lawful rates compatible with the maintenance of adequate transportation service: Provided, That no investigation or proceeding resulting from the Pending cases adoption of this resolution shall be permitted to delay on the decision of cases now pending before the Commission be delayed. involving rates on products of agriculture, and that such cases shall be decided in accordance with this resolution. Proviso. agricultural products not to Additional ap [Provision in St. Louis Municipal Bridge Act of February 13, 1924.] The right to alter, amend, or repeal 48 Stat. L., 8. this Act is hereby expressly reserved: Provided, That proaches, etc., in the city of St. Louis may construct approaches, additions, East St. Louis, or extensions, in addition to those now existing, connecting said bridge with any railroad or highway within or through the city of East St. Louis, Illinois; but before constructing such approaches, additions, or extensions the location thereof shall first have been approved by, and a certificate of public convenience and necessity therefor shall first have been obtained from, the Interstate Commerce Commission. Full jurisdiction and authority to consider and determine such questions is hereby conferred upon the Interstate Commerce Commission, in the Subject to ap same manner and to the same extent as in the case of proval of Interother proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act. state Commerce Cominission. [Provision in the Appropriation Act of April 22, 44 Stat. L., 814. 1926.] Provided, That no part of this sum [printing appropriation] shall be expended for printing the Sched-Schedule of ule of Sailings required by section 25 of the Interstate Commerce Act. ELKINS ACT [AS AMENDED] AN ACT To further regulate commerce with foreign nations and [Feb. 19, 1903.] among the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, SEC. 1. [As amended June 29, 1906.] That any 32 Stat. L., 847. thing done or omitted to be done by a corporation com- ble as well as offmon carrier, subject to the Act to regulate commerce and cer or agent. Corporation lia Sec. 1 84 Stat. L., 584. Penalty. Willful failure observe tariffs a misdemeanor. Penalty. Unlawful to solicit, accept, or discrimination. the Acts amendatory thereof, which, if done or omitted to be done by any director or officer thereof, or any receiver. trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said Acts or under this Act, shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by this Act with reference to such persons, except as such penalties are herein changed. The willful failure upon the part of to publish rates or any carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than one thousand dollars nor more than twenty thousand dollars for each offense; and it shall be unlaw. ful for any person, persons, or corporation to offer, grant, offer, grant, give, or give, or to solicit, accept, or receive any rebate, conreceive any recession, or discrimination in respect to the transportabate, concession, tion of any property in interstate or foreign commerce by any common carrier subject to said Act to regulate commerce and the Acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dol lars nor more than twenty thousand dollars: Provided, That any person, or any officer or director of any corporation subject to the provisions of this Act, or the Act to regulate commerce and the Acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such Penalty. |