1 lines, and for the receiving, forwarding, and delivering of pas2 sengers or property to and from their several lines and those 3 connecting therewith, connecting lines; and shall not dis4 criminate in their rates, fares, and charges between such 5 connecting lines, or unduly prejudice any such connecting 6 line in the distribution of traffic that is not specifically routed 7 by the shipper. As used in this paragraph the term "con8 necting line" means the connecting line of any carrier subject 9 to the provisions of this part or any common carrier by water 10 subject to part III.

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(4) (5) If the Commission finds it to be in the public 12 interest and to be practicable, without substantially impair13 ing the ability of a carrier owning or entitled to the enjoy14 ment of terminal facilities to handle its own business, it shall 15 have power to require the use of any such terminal facilities, including main-line track or tracks for a reasonable distance 17 outside of such terminal, of any carrier, by another carrier or other carriers, on such terms and for such compensation as the carriers affected may agree upon, or, in the event of

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a failure to agree, as the Commission may fix as just and 21 reasonable for the use so required, to be ascertained on the 22 principle controlling compensation in condemnation pro23 ceedings. Such compensation shall be paid or adequately 24 secured before the enjoyment of the use may be commenced. 25 If under this paragraph the use of such terminal facilities of

1 any carrier is required to be given to another carrier or 2 other carriers, and the carrier whose terminal facilities are 3 required to be so used is not satisfied with the terms fixed 4 for such use, or if the amount of compensation so fixed is 5 not duly and promptly paid, the carrier whose terminal 6 facilities have thus been required to be given to another 7 carrier or other carriers shall be entitled to recover, by suit

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or action against such other carrier or carriers, proper dam

ages for any injuries sustained by it as the result of com10 pliance with such requirement, or just compensation for such

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use, or both, as the case may be.

12 LONG AND SHORT HAUL CHARGES; COMPETITION WITH

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WATER ROUTES

SEC. 4. That it shall be unlawful for any common 15 carrier subject to the provisions of this part to charge or re16 ceive any greater compensation in the aggregate for the 17 transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included

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within the longer distance, or to charge any greater com

pensation as a through rate than the aggregate of the inter22 mediate rates subject to the provisions of this part, but this 23 shall not be construed as authorizing any common carrier 24 within the terms of this part to charge or receive as great 25 compensation for a shorter as for a longer distance: Provided,

1 That upon application to the Commission such common car2 rier may in special cases, after investigation, be authorized 3 by the Commission to charge less for longer than for shorter 4 distances for the transportation of passengers or property; 5 and the Commission may from time to time prescribe the ex6 tent to which such designated common carrier may be re7 lieved from the operation of this section; but in exercising 8 the authority conferred upon it in this proviso the Commis9 sion shall not permit the establishment of any charge to or 10 from the more distant point that is not reasonably compen11 satory for the service performed; and if a circuitous rail 12 line or route is, because of such circuity, granted authority to 13 meet the charges of a more direct line or route to or from 14 competitive points and to maintain higher charges to or from 15 intermediate points on its line, the authority shall not in16 clude intermediate points as to which the haul of the petition17 ing line or route is not longer than that of the direct line or route between the competitive points; and no such authoriza19 tion shall be granted on account of merely potential water

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competition not actually in existence: And provided further, 21 That rates, fares, or charges existing at the time of the

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passage of this amendatory part by virtue of orders of the 23 Commission or as to which application has theretofore been

24 filed with the Commission and not yet acted upon, shall

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not be required to be changed by reason of the provisions

1 of this section until the further order of or a determination by

2 the Commission.

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(2) Wherever a carrier by railroad shall in competi4 tion with a water route or routes reduce the rates on the 5 earriage of any species of freight to or from competitive 6 points it shall not be permitted to increase such rates unless 7 after hearing by the Commission it shall be found that such 8 proposed increase rests upon changed conditions other than 9 the elimination of water competition.

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COMBINATIONS AND CONSOLIDATIONS OF CARRIERS

SEC. 5. (1) That, except Except upon specific approval 12 by order of the Commission as in this section provided, and 13 except as provided in paragraph (16) of section 1 of this

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part, it shall be unlawful for any common carrier subject to 15 this part part, part II, or part III to enter into any contract,

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agreement, or combination with any other such common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or division of traffic, or of service, or of gross or net earnings, or of any portion thereof; and in any case of an agreement for the 22 pooling of freights or division of traffic, service, or earnings as aforesaid each day of its continuance shall be deemed a separate offense: Provided, That whenever the Commission

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25 is of opinion, after hearing upon application of any such

1 carrier or carriers engaged in the transportation of

passengers 2 or property subject to this part, or upon its own initiative, 3 that the pooling or division of their traffic or earnings, to 4 the extent indicated by the Commission, of their traffic, 5 service, or gross or net earnings, or of any portion thereof, 6 will be in the interest of better service to the public, of 7 public or of economy in operation, and will not unduly 8 restrain competition, the Commission shall have authority 9 by order to approve and authorize, if assented to by all the 10 carriers involved, such pooling or division of traffic or earn11 ings, under such rules and regulations, and for such con12 sideration as between such carriers and upon such terms and 13 conditions, as shall be found by the Commission to be just 14 and reasonable in the premises: Provided further, That any 15 contract, agreement, or combination to which any common 16 carrier by water subject to part III is a party, relating to 17 the pooling or division of traffic, service, or earnings, or any 18 portion thereof, lawfully existing on the date this paragraph as amended takes effect, if filed with the Commission within 20 six months after such date, shall continue to be lawful except

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to the extent that the Commission, after hearing upon applica22 tion or upon its own initiative, may find and by order declare 23 that such contract, agreement, or combination is not in the 24 interest of better service to the public or of economy in 25 operation, or that it will unduly restrain competition.