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Interstate Commerce Act, as amended, comprising: An act to regulate
commerce, approved February 4, 1887, and in effect April 5, 1887 (24 Stat.
L. 379), as amended by the following acts, approved upon the dates shown,
viz: March 2, 1889 (25 Stat. L. 855) ; February 10, 1891 (26 Stat. L. 743);
February 8, 1895 (28 Stat. L. 613); June 29, 1906 (34 Stat. L. 584); April
13, 1908 (35 Stat. L. 60); February 25, 1909 (35 Stat. L. 648); June 18, 1910
(36 Stat. L. 539) ; August 24, 1912 (37 Stat. L. 566); March 1, 1913 (37 Stat.

L. 701); March 4, 1915 (38 Stat. L. 1196) ; August 9, 1916 (39 Stat. L. 441);

August 29, 1916 (39 Stat. L. 556) ; May 29, 1917 (40 Stat. L. 101) ; August 9,

1917 (40 Stat. L. 270); August 10, 1917 (40 Stat. L. 272); February 28, 1920
(41 Stat. L. 456); June 7, 1922 (42 Stat. L. 624) ; August 18, 1922 (42 Stat.

L. 827) ; June 7, 1924 (43 Stat. L. 633) ; July 3, 1926 (44 Stat. L. 835) : Feb-

ruary 26, 1927 (44 Stat. L. 1247); March 4, 1927 (44 Stat. L. 1446); April

23, 1930 (46 Stat. L. 251); February 28, 1933 (47 Stat. L. 1368); June 16,

1933 (48 Stat. L. 211); June 19, 1934 (48 Stat. L. 1064) ; June 27, 1934 (48

Stat. L. 1264); May 23, 1935 (49 Stat. L. 287) ; July 16, 1935 (49 Stat. L.

481); August 9, 1935 (49 Stat. L. 543) ; August 12, 1935 (49 Stat. L. 607);

April 16, 1936 (49 Stat. L. 1212); July 5, 1937 (50 Stat. L. 475) ; August 25,

1937 (50 Stat. L. 809); August 26, 1937 (50 Stat. L. 835) ; June 23, 1938 (52

Stat. L. 1029) ; June 29, 1938 (52 Stat. L. 1236); September 18, 1940 (54

Stat. L. 898); and by the joint resolution approved June 30, 1906 (34 Stat.

L. 838).

Elkins Act, as amended, comprising: An Act to further regulate commerce

with foreign nations and among the States, approved February 19, 1903

(32 Stat. L. 847), as amended by the act approved June 29, 1906 (34

Stat. L. 584)----

Civil Aeronautics Act of 1938, sec. 1003, approved June 23, 1938 (52 Stat.

L. 973, 1029) ----

Compulsory Testimony Act, approved February 11, 1893 (27 Stat. L. 443).

Transportation Act of 1940, approved September 18, 1940 (54 Stat. L. 952),

Title III–Miscellaneous..

Joint resolution approved January 30, 1925 (43 Stat. L. 801) (Hoch-Smith

Resolution)----

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COMPILER'S NOTE

The statutes here compiled are those which primarily relate to the ratemaking jurisdiction of the Interstate Commerce Commission.

The “Act to Regulate Commerce,” approved February 4, 1887, and thereafter amended many times, became the “Interstate Commerce Act” by a provision in the Transportation Act, 1920, approved February 28, 1920. As thereafter further amended, it was amplified and enlarged by the Motor Carrier Act, 1935, approved August 9, 1935. By a provision in the latter act, the Interstate Commerce Act as it stood became “Part I" of the Interstate Commerce Act, and “Part II” was added. It was provided that part I might continue to be cited as "Interstate Commerce Act,” and part II might be cited as “Motor Carrier Act, 1935.” Thus, “Interstate Commerce Act” might apply to the whole act, embracing parts I and II, or to part I alone.

The Transportation Act of 1940, approved September 18, 1940, made numerous amendments to parts I and II, and added part III, which relates to carriers by water. In this process of amendment, the designation of part II by the short title “Motor Carrier Act, 1935" for citation purposes, was amended out. The three parts of the Interstate Commerce Act are, therefore, to be cited as such, but the declaration of “National Transportation Policy” is outside the parts enumerated.

The catch-line subtitles preceding sections in part I of the Interstate Commerce Act are not in the original act, but are those employed in the United States Code. Subtitles in parts II and III are those appearing in the acts of August 9, 1935, and September 18, 1940.

References to the United States Code are to the 1940 edition, now upon the press. These references have been supplied in advance of publication, by the Committee on Revision of Laws, of the House of Representatives, and the Code editors, Edward Thompson Company.

Certain related provisions of other acts which affect fixation of rates, fares, and charges, and matters connected therewith, of carriers subject to the Interstate Commerce Act are set out, or are referred to in notes to various sections, for convenience of reference.

IV

THE INTERSTATE COMMERCE

ACT

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Being the Act to Regulate Commerce as Amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

[Added September 18, 1940.] [U. S. Code, title 49, 54 Stat. L. 899.
secs. 27, 301, and 901, notes.] This Act may be cited as Citation,
the Interstate Commerce Act.

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[Added September 18, 1940.] [U. \S. Code, title 49,
notes preceding secs. 1, 301, and 901.] VIt is hereby de- Policy stated.
clared to be the national transportation policy of the
Congress to provide for fair and impartial

regulation of
all modes of transportation subject to the provisions of
this Act, so administered as to recognize and preserve the
inherent advantages of each; to promote safe, adequate, inherent
economical, and efficient service and foster sound eco-
nomic conditions in transportation and among the several
carriers; to encourage the establishment and mainte-
nance of reasonable charges for transportation services, reasonable,
without unjust

discriminations, undue preferences or ad-
vantages, or unfair or destructive competitive practices
to cooperate with the several States and the duly author cooperation
ized officials thereof; and to encourage fair wages and
equitable working conditions ;—all to the end of develop-
ing coordinating, and preserving a national transporta- coordination.
tion system by water, highway, and rail, as well as other
means, adequate to meet the needs of the commerce of
the United States, of the Postal Service, and of the na-
tional defense. All of the provisions of this Act shall be

-working
conditions.

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Administration to administered and enforced with a view to carrying out carry out policy.

the above declaration of policy.

NOTE.—The following constitutes the first paragraph of section 500 of the Transportation Act, 1920, approved February 28, 1920 (remaining paragraphs of the section omitted herefrom):

"SEC. 500. [U. 8. Code, title 49, sec. 142.] It is hereby declared Policy to develop to be the policy of Congress to promote, encourage, and develop water transportation declared. water transportation, service, and facilities in connection with 41 Stat. L. 499. the commerce of the United States, and to foster and preserve

in full vigor both rail and water transportation."

Compare also the declaration of policy as to export rates on agricultural products, sec. 3 (la), infra, and the Hoch-Smith Resolution, infra, this compilation.

PART I

41 Stat. L. 474. 48 Stat. L. 1102. 49 Stat. L. 543.

railroad and

REGULATION IN GENERAL; CAR SERVICE; ALTERATION OF LINE

SEC. 1. [As amended June 29, 1906, April 13, 1908, 24 Stat. L. 379. June 18, 1910, May 29, 1917, August 10, 1917, February 35 Stat. L. 60. 28, 1920, June 19, 1934, August 9, 1935, and September 40 Stat. L. 101. 18, 1940] [U.S. Code, title 49, sec. 1.]

(1) That the provisions of this part shall apply to 54 Stat. L. 899. common carriers engaged in

Act applies to (a) The transportation of passengers or property common carriers

engaged in wholly by railroad, or partly by railroad and partly by

-transportation water when both are used under a common control, by railroad, or by management, or arrangement for a continuous carriage water. or shipment; or (b) The transportation of oil or other commodity, transportation

by except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by water; or

(c) [repealed, Communications Act, 1934, sec. 602 48 Stat. L. 1102. (6)]—from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, Between what

points act apor from one place in a Territory to another place in the plies within same Territory, or from any place in the United States through a foreign country to any other place in the United States, or from or to any place in the United States to or from a foreign country, but only in so far as such transportation takes place within the United States.

United States.

NOTE.—By the act approved March 2, 1917, 39 Stat. L. 964, as amended March 4, 1927, 44 Stat. L. 1420, and May 17, 1932, 47 Stat. L. 158, “The Interstate Commerce Act and the several amendments made or to be made thereto, the Safety Appliance Acts and the several amendments made or to be made thereto, and the Ict

approved March first, nineteen hundred and thirteen [section 19a, Interstate Commerce Act), shall not apply to Puerto Rico."

Saving clauses: Provisions which preserve the Interstate Commerce Act against alteration, modification, or repeal by construction of other acts are contained in :

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