fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published.

No advance shall be made in joint rates, fares, and charges, shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. No reduction shall be made in joint rates, fares, and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public such proposed advances, or such reductions, in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs.

It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect,

or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon than is specified in the schedule filed with the Commission in force at the time.

The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient.

If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed, and if such common car8956-06-3

NEW LAW.

["Joint rates" not distinguished from other rates in new law.]

["Joint rates" not distinguished from other rates in new law.]

The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient.

[Mandamus to compel compliance generally, in new law, p. 40.]

rier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this Act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this Act, until such common carrier shall have complied with the aforesaid provisions of this section of this act.

13

NEW LAW.

Sec. 6

prohibited until

No carrier, unless otherwise vided by this Act, shall engage or rates published. pro- Transportation participate in the transportation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any

[Sentence below in brackets transferred from p. 10.]

[And when any such common car

Unlawful vary from

rier shall have established and tablished rate. published its rates, fares, and

charges in compliance with the

provisions of this section, it shall be unlawful

for such common

carrier

to

to

es

charge,

demand,

collect,

carrier

charge

or

demand

or

collect

NEW LAW.

Secs. 6, 7

or receive

or receive

from any person or persons

a greater or less

compensation for

the

transportation of passengers or property, or for any

services

in connection therewith,

than is specified in

a greater or less

or different

compensation for

such

transportation of passengers or property, or for any

service.

in connection therewith,

between the points named in such tariffs than the rates, fares, and charges which are

specified in

the tariff filed and in effect at the time:

such published schedule of rates, fares, and charges as may at the time be in force.]

[Section 22, old law, provides that nothing in this act shall vent the carriage, storage, or hanpredling of property free or at reduced rates for the United States. See p. 42.]

SEC. 7. That it shall be unlawful Continuous

for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars,

carriage.

No refund or facility from

nor shall any carrier refund or remit in any manner or by any carrier unless in device any portion of the rates, tariff. fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, That wherever the word "carrier" occurs in this Act it shall be held to "common carrier."

mean

gency.

That in time of war or threat- War ened war preference and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic.

[Balance of section 6, new law. is an amendment to Elkins law. See p. 45.]

[Unchanged.]

emer