Sec. 1 widowhood and minor children during minority of persons who died, while in the service of any such common carrier. Any common carrier violating this provision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not less than one hundred dollars nor more than two thousand dollars, and any person, other than the Penalty. persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided offenses herefor offenses in an Act entitled "An Act to further regu- -same as for late commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof. NOTE.-Provisions of this paragraph applicable to common carriers under part II, sec. 217 (b), and under part III, sec. 306 (c), infra. Compare sec. 22, infra. Special provisions: As to trustees of Cincinnati Southern Railway, their officers and agents, Act of Feb. 17, 1917, 39 Stat. L. 922 (U. S. Code, title 49, sec. 53); as to members of National Guard organizations, Act of Aug. 29, 1916, 39 Stat. L. 646 (U. S. Code, title 32, sec. 73); agents and officers of Post Office Department, Act of July 28, 1916, 39 Stat. L. 419 (U. S. Code, title 39, sec. 523) [the foregoing provisions not included in this compilation]; and as to members and employees of Board of Investigation and Research, Transportation Act of 1940, approved September 18, 1940, sec. 301, infra, this compilation. Annuitants and pensioners under Railroad Retirement Acts of 1935 and 1937 may lawfully be furnished free transportation by railroads, the same as their employees, Act of June 24, 1937, 50 Stat. L. 318 (U. S. Code, title 45, sec. 228r). (8) From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole or in part, or in which it may have any interest, direct or indirect, except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier. Jurisdiction of under. offenses under Elkins Act. 34 Stat. L. 584. 41 Stat. L. 475. Commodities 36 Stat. L. 544. clause. Transportation by railroad of ties prohibited. certain commodi Exception. Sec. 1 34 Stat. L. 584. 36 Stat. L. 544. 41 Stat. L. 475. 49 Stat. L. 543. Carriers' duty to erate switch connections. (9) Any common carrier subject to the provisions of this part, upon application of any lateral, branch line of railroad, or of any shipper tendering interstate traffic construct and op- for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or against any such shipper. If any common carrier shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper or owner of such lateral, branch line of railroad, such shipper or owner of such lateral, branch line of railroad may make complaint to the Commission, as provided in section thirteen of this part, and the Commission shall hear and investigate the same and shall determine as to the safety and practicability thereof and Commission may justification and reasonable compensation therefor, and the Commission may make an order, as provided in section fifteen of this part, directing the common carrier to ⚫ comply with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter provided for the enforcement of all other orders by the Commission, other than orders for the payment of money. order switch con nections. Enforcement of order. 40 Stat. L. 101. 41 Stat. L. 476. 49 Stat. L. 543. What included in term "car service." Character of required car service, and rules and practices. 49 Stat. L. 543. (10) The term "car service" in this part shall include the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this part. (11) It shall be the duty of every carrier by railroad subject to this part to furnish safe and adequate car service and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. NOTE. Comparable provision under part II, sec. 216 (b), infra. Sec. 1 quired. Ratings of mines (12) It shall also be the duty of every carrier by railroad to make just and reasonable distribution of cars for Just and reasontransportation of coal among the coal mines served by it, able distribution whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and rea sonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of Penalty. $100 for each offense, which may be recovered in a civil action brought by the United States. during car short age. Commission may require filing of and regulations. car-service rules 49 Stat. L. 543. (13) The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this part, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incor- Incorporation in porated in their schedules showing rates, fares, and schedules; subcharges for transportation, and be subject to any or all of the provisions of this part relating thereto. Commission may regulations, or practices. establish rules, (14) (a) The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including the compensation to be paid and other terms of any contract, agreement, 54 Stat. L. 901. or arrangement for the use of any locomotive, car, or Terms, other vehicle not owned by the carrier using it (and whether or not owned by another carrier), and the penalties or other sanctions for nonobservance of such rules, regulations, or practices. and penalties. compensation, 54 Stat. L. 901. Prohibited con tective service. (b) It shall be unlawful for any common carrier by railroad or express company, subject to this part, to make or enter into any contract, agreement, or arrange- tracts for proment with any person for the furnishing to or on behalf of such carrier or express company of protective service against heat or cold to property transported or to be transported in interstate or foreign commerce, or for Sec. 1 Approval by Extension. Power of Commission when -suspension of established rules. -directions as to car service; fixation of compensation. any such carrier or express company to continue after April 1, 1941, as a party to any such contract, agreement, or arrangement unless and until such contract, agreement, or arrangement has been submitted to and approved by the Commission as just, reasonable, and consistent with the public interest: Provided, That if the Commission is unable to make its determination with respect to any such contract, agreement, or arrangement prior to said date, it may extend it to not later than October 1, 1941. (15) Whenever the Commission is of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and emergency exists. it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine: (a) to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonrequirement of able; (c) to require such joint or common use of terminals, including main-line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; and (d) to give directions -preference, pri- for preference or priority in transportation, embargoes, or movement of traffic under permits, at such time and for such periods as it may determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President may certify to the Com joint or common use of terminals. Power of Commission, prescription of terms. ority, embargoes, and movement under permit. Sec. 1 mission that it is essential to the national defense and security that certain traffic shall have preference or priority in transportation, and the Commission shall, priority upon under the power herein conferred, direct that such President. preference or priority be afforded. certificate of Fixation of terms when carriers disagree. Commission's dithrough agencies. rections given (16) Whenever the Commission is of opinion that any carrier by railroad subject to this part is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15), make such just and reasonable directions with respect to the handling, routing, and Routing of traffic. movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable. (17) (a) The directions of the Commission as to car 54 Stat. L. 901. service and to the matters referred to in paragraphs (15) and (16) may be made through and by such agents or agencies as the Commission shall designate and appoint for that purpose. It shall be the duty of all carriers by railroad subject to this part, and of their officers, agents, and employees, to obey strictly and conform promptly to such orders or directions of the Commission, and in case of failure or refusal on the part of any carrier, receiver, or operating trustee to comply with any such order or direction such carrier, receiver, or trustee shall be liable to a penalty of not less than $100 nor more than Penalty. $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States: Provided, however, That nothing in this part shall impair or affect the right of a State, in the exercise of its police power, to require just and reasonable freight and passenger service for intrastate business, except in so far as such requirement is inconsistent with any lawful order of the Commission made under the provisions of this part. NOTE.-Saving clauses as to reservation to States of power to regulate intrastate commerce by motor, secs. 202 (b) and 216 (e), and by water, sec. 303 (j), infra: as to State power to tax, sec. 202 (b), infra. 273462°-41 Compliance by carriers required. 49 Stat. L. 543. Preservation of State police power. |