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88 Stat. L., 1140.

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 operators 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 39 Stat. L., 738.

Jurisdiction of the power or jurisdiction of the Interstate Commeree affected by Ship: Commission, nor to confer upon the board concurrent ping Board Act.

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.

[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 ployees.

heretofore made for the valuation of carriers shall be made to Congress at its next regular session, and under similar appropriations for subsequent fiscal years at each slicceeding regular session thereof. Said statements shall show, under each division or title of organization, the names of all persons employed under the Interstate Commerce Commission, alphabetically arranged, the State from which each is appointed, rate of compensation paid to each, together with a full itemized statement showing how the moneys appropriated

have been expended under said commission. 41 Stat. L., 590. [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 con

trol) 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 ap

propriation made in paragraph (g) of the said section Credit for. 204 and credited by him to the appropriation made in

section 202 of the Transportation Act, 1920. Such de

*

Traffic balances

made.

42 Stat. L., 496.

tions.

Public uses of,

Press messages.

Private com

ductions shall be considered as a payment pro tanto of such indebtedness to the Government.

[Provision in Joint Resolution of June 5, 1920, as 41 Stat. L., 1081. amended April 14, 1922, and as amended February 43 Stat. L., 1091. 28, 1925.] The Secretary of the Navy is hereby author- Naval radio staized, under terms and conditions and at rates prescribed

Rates subject 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 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 the reception and transmission of private commercial 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

than by private 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 any countries or localities or between any locality tions capable of

meeting require and privately operated ships whenever privately owned and operated stations are capable of meeting the normal communication requirements 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.

[Provision in the Sundry Civil Appropriation Act of 11 Stat. L., 947. June 5, 1920.] The loans for equipment authorized by ment authorized 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

Commission. the purpose by the Commission as most appropriate in

Terminations when private sta.

ments.

Final termine tion.

by

rates.

Commission

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 Payment.

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.

That the Interstate Commerce Commission is authorto investigate. existing rates. ized 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 corrected,

making any such change, adjustment, or redistribution Elements to be the Commission shall give due regard, among other facconsidered,

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 peditiously 18- 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 affectPending inves

ing rate adjustments which may be pending before the

Commission. "Agricultural

In view of the existing depression in agriculture, the products and live Commission is hereby directed to effect with the least stock.

Orders to be ex.

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tigations.

Sec. 1

Proviso,

on

in

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 main-service. tenance of adequate transportation service: Provided, That no investigation or proceeding resulting from the

Pending cases adoption of this resolution shall be permitted to delay agricultural

products not to 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.

[Provision in St. Louis Municipal Bridge Act of Feb. ruary 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 apsame manner and to the same extent as in the case of proval of Inter

Cominissiou. other proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act.

[Provision in the Appropriation Act of April 22, 14 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.

Sailings excepted.

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 assembled, Sec. 1. [A8 amended June 29, 1906.] That any 32 Stat. L., 847. thing done or omitted to be done by a corporation com

Corporation lla mon carrier, subject to the Act to regulate commerce and cer or agent.

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ble as well as ofi

Willful failure

observe tariffs a misdemeanor.

to

Sec. 1

the Acts amendatory thereof, which, if done or omitted to

be done by any director or officer thereof, or any receiver, 84 Stat, L., 584.

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 Penalty. upon conviction thereof it shall be subject to like penal

ties 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 Penalty.

thousand dollars for each offense; and it shall be unlaw.

ful for any person, persons, or corporation to offer, grant, offer, grant, sive, or give, or to solicit, accept, or receive any rebate, consolicit, accept, of cession, 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 Penalty. 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

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