The Interstate Commcerce Act

Civil Aeronautics Act of 1938, sec. 1003, approved June 23, 1938 (52 Stat.
L. 973, 1029), as amended by the act approved, May 16, 1942 (56 Stat. L.
300)

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___

Page

231

236

238

240

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

Resolution)

243

III

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. Part IV, relating to freight forwarders, was added by the act of May 16, 1942.

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, III, and IV are those appearing in the acts of August 9, 1935, September 18, 1940, and May 16, 1942, respectively.

References to the United States Code are to the 1940 edition and its supplements. It will be noted that generally the sections of title 49-Transportation are the same as the corresponding sections of part I of the Interstate Commerce Act, and that the code sections for part II may be derived by adding 100, and for parts III and IV, 600, to the section number as it appears in the respective parts of the Interstate Commerce Act.

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.

THE INTERSTATE COMMERCE

ACT

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, 901, and 1001, notes.] This Act may be citation. cited as the Interstate Commerce Act.

NATIONAL TRANSPORTATION POLICY

advantages.

[Added September 18, 1940.] [U. S. Code, title 49, 54 Stat. L. 899. notes preceding secs. 1, 301, 901, and 1001.] It is hereby Policy stated. declared 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 economic conditions in transportation and among the several carriers; to encourage the establishment and maintenance of reasonable charges for transportation services, reasonable, without unjust discriminations, undue preferences or advantages, 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--working ing, coordinating, and preserving a national transportation system by water, highway, and rail, as well as other coordination. means, adequate to meet the needs of the commerce of the United States, of the Postal Service, and of the national defense. All of the provisions of this Act shall be

etc., charges.

with States.

conditions.

Administration administered and enforced with a view to carrying out the above declaration of policy.

to carry out policy.

Polier to

develop water transportation deciated.

41 Stat. L. 499.

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. S. Code, title 49, sec. 142.] It is hereby declared to be the policy of Congress to promote, encourage, and develop water transportation, service, and facilities in connection with 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, see 3 (1a), infra, and the Hoch-Smith Resolution, infra, this compilation.

PART I

REGULATION IN GENERAL; CAR SERVICE; ALTERATION OF LINE

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

(1) That the provisions of this part shall apply to common carriers engaged in

(a) The transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment; or

-transpor

line.

(b) The transportation of oil or other commodity, except water and except natural or artificial gas, by pipe tation by pipe line, or partly by pipe line and partly by railroad or by water; or

Between what

points act ap

plies within

United States.

[(c) repealed, Communications Act, 1934, sec. 602 48 Stat. L. 1102. (b)]-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, or from one place in a Territory to another place in the 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.

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 Act ** 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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The Interstate Commcerce Act: Together with Text of Supplmentary Acts and ...