Sec. 1 54 Stat. L. 901. Bribery to influence car distribution. Solicitation or acceptance, unlawful. Penalty. Certificate of convenience and necessity, when required. 49 Stat. L. 543. andonment wahout (b) It shall be unlawful for any person to offer or give or cause or procure to be offered or given, directly or indirectly, any money, property, or thing of value, or bribe in any other form whatsoever, to any person acting for or employed by any carrier by railroad subject to this part with intent to influence his decision or action, or because of his decision or action, with respect to the supply, distribution, or movement of cars or other vehicles, or vessels, used in the transportation of property. It shall be unlawful for any person acting for or employed by any carrier by railroad subject to this part to solicit, accept, or receive, directly or indirectly, any money, property, or thing of value, or bribe in any other form whatsoever, with intent to be influenced thereby in his decision or action, or because of his decision or action, with respect to the supply, distribution, or movement of cars or other vehicles, or vessels, used in the transportation of property. Any person who violates the provisions of this subparagraph shall be deemed guilty of a misdemeanor and be subject for each offense to a fine of not more than $1,000, or imprisonment in the penitentiary for a term of not more than two years, or both such fine and imprisonment. (18) After ninety days after this paragraph takes effect no carrier by railroad subject to this part shall undertake the extension of its line of railroad, or the construction of a new line of railroad, or shall acquire or operate any line of railroad, or extension thereof, or shall engage in transportation under this part over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line of railroad, and no carrier by railroad subject to this part shall abandon all or any portion of a line of railroad, or the operation thereof, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity permit of such abandonment. Nothing in this paragraph or in section 5 shall be considered to prohibit the making of contracts between carriers by railroad subject to this part, without the approval of the Commission, for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. NOTE.-Certificates of convenience and necessity, common carriers, by motor vehicle, secs. 206-208; by water, sec. 309 (a)-(e); permits for contract carriers, by motor vehicle, sec. 209; by water, sec. 309 (f), (g); dual operation as common and contract carrier, by motor vehicle, sec. 210; by water, sec. 310, infra. Suspension, change, revocation, etc., of certificates or permits, under part II, sec. 212, infra. Transfer of certificate or permit, under part II, sec. 212 (b); under part III, sec. 312, infra. The following provision is contained in the St. Louis Municipal Bridge Act, approved February 13, 1924: "That the right to alter, amend, or repeal this Act is hereby expressly reserved: Provided, That the city of St. Louis may construct approaches, additions, 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 same manner and to the same extent as in the case of other proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act." application for (19) The application for and issuance of any such certificate shall be under such rules and regulations as to Procedure upon hearings and other matters as the Commission may from certificate. time to time prescribe, and the provisions of this part 49 Stat. L. 543. shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with Notice. the governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with the right to be heard as hereinafter provided with respect Right to be to the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in heard. Sec. 1 Certificate may be refused, or issued as prayed for partially. Terms and condi tions attached to issuance. Other approval unnecessary. Injunction against unauthorized construction, operation, or abandonment. Penalty. Commission may each county in or through which said line of railroad is constructed or operates. NOTE.—Applications for certificates, etc., under parts II and III, see references, note to par. (18), supra. (20) The Commission shall have power to issue such certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. From and after issuance of such certificate, and not before, the carrier by railroad may, without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covered thereby. Any construction, operation, or abandonment contrary to the provisions of this paragraph or of paragraph (18) or (19) of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. NOTE.-Applications for certificates, etc., under parts II and III, see references, note to par. (18), supra. Comparable provisions, enforcement and penalties, under part II, sec. 222 (a), (b); under part III, sec. 316 (b) and sec. 317 (a), infra. (21) The Commission may, after hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier require provision by railroad subject to this part, party to such proceeding, to provide itself with safe and adequate facilities for performing as a common carrier its car service as that term is used in this part, and to extend its line or lines: Pro of facilities for car service. Extension of lines. Secs. 1-2 Prerequisite find ing as to conven ience, necessity, and ability. vided, That no such authorization or order shall be made may be recovered in a civil action brought by the United (22) The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend when certificate to the construction or abandonment of spur, industrial, not required. team, switching or side tracks, located or to be located wholly within one State, or of street, suburban, or interurban electric railways, which are not operated as a part or parts of a general steam railroad system of trans- railways portation. [Paragraphs numbered (23) and (24), added to section 1 of the Act by the act of August 10, 1917, c. 51, 40 Stat. L. 272, and numbered by the Transportation Act, 1920, 41 Stat. L. 479, were in terms effective "during the war in which the United States is now engaged." They became noneffective under the joint resoJution of March 3, 1921, 41 Stat. L. 1359, and are therefore omitted from this compilation, as they have been omitted from the United States Code.] operated electric Independently excepted. SPECIAL RATES AND REBATES PROHIBITED That 24 Stat. L. 379. 41 Stat. L. 479. 48 Stat. L. 1102. 49 Stat. L. 543. Unjust discrimi and prohibited. --rebates and devices. SEC. 2. [As amended February 28, 1920, June 19, 1934, and August 9, 1935.] [U.S. Code, title 49, sec. 2.] if any common carrier subject to the provisions of this part shall, directly or indirectly, by any special rate, re- nation defined bate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this part, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under sub Sees. 2-3 24 Stat. L. 380. 41 Stat. L. 479. 44 Stat. L. 1447. 49 Stat. L. 543. 49 Stat. L. 607. 54 Stat. L. 902. Undue or unrea Bonable preference or advantage, forbidden. stantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. NOTE.-See also Elkins Act, infra, this compilation. Compar able provisions, as to prohibition of unjust discrimination, under part II, sec. 216 (d); under part III, sec. 305 (c): as to rebating, under part II, sec. 217 (b); under part III, sec. 306 (c), infra. PREFERENCES; INTERCHANGE OF TRAFFIC; TERMINAL FACILITIES SEC. 3. [As amended February 28, 1920, March 4, 1927, August 9, 1935, August 12, 1935, and September 18, 1940.] [U. S. Code, title 49, sec. 3.] (1) It shall be unlawful for any common carrier subject to the provisions of this part to make, give, or cause any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic, in any respect whatsoever; or to subject any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever: not applicable Provided, however, That this paragraph shall not be construed to apply to discrimination, prejudice, or disadvantage to the traffic of any other carrier of whatever description. to trame of another carrier, NOTE. Comparable provisions, under part II, sec. 216 (d); under part III, sec. 305 (c), infra. (1a) It is hereby declared to be the policy of Congress that shippers of wheat, cotton, and all other farm commodities for export shall be granted export rates on the same principles as are applicable in the case of rates on industrial products for export. The Commission is hereby directed, on its own initiative or an application by interested persons, to make such investigations and conduct such hearings, and, after appropriate proceedings, |