Sec. 1 Penalty. Commission may require provision of facilities for car service. Extension of lines. Prerequisite finding as to convenience, necessity, and ability. Penalty. When certificate not required. Independently operated electric railways excepted. lating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. NOTE. Applications for certificates, etc., under parts II and III, see references, note to par. (18), supra. Comparable provisions, enforcement and penalties, part II, § 222 (a), (b); part III, § 316 (b) and § 317 (a); part IV, §§ 410 (i), 417 (b), 421 (a). (21) The Commission may, after hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier by railroad subject to this part, party to such proceeding, to provide itself with safe and adequate facilities for performing as a common carrier its car service as that term is used in this part, and to extend its line or lines: Provided, That no such authorization or order shall be made unless the Commission finds, as to such extension, that it' is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier subject to this part which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall be liable to a penalty of $100 for each day during which such refusal or neglect continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (22) The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located wholly within one State, or of street, suburban, or inter urban electric railways, which are not operated as a part or parts of a general steam railroad system of transportation. NOTE. The addition of paragraphs (23) and (24) to § 1, by amendment of August 10, 1917, effective during the First World War, became noneffective by Joint Resolution of March 3, 1921. 41 Stat. 1359. Secs. 2-8 SPECIAL RATES AND REBATES PROHIBITED SEC. 2. [As amended February 28, 1920, June 19, 1934, and August 9, 1935.] [49 U. S. C., § 2.] That if any common carrier subject to the provisions of this part shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this part, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. NOTE.-See also Elkins Act, infra. Comparable provisions, as to prohibition of unjust discrimination, under part II, § 216 (d); part III, § 305 (c); part IV, § 404 (b); as to rebating, under part II, § 217 (b); part III, § 306 (c); part IV, § 405 (c), infra. PREFERENCES; INTERCHANGE OF TRAFFIC; TERMINAL FACILITIES 24 Stat. 380. 44 Stat. 1447. 41 Stat. 479. 49 Stat. 543. 49 Stat. 607. 54 Stat. 902. Undue or unreasonable advantage, forbidden. SEC. 3. [A8 amended February 28, 1920, March 4, 1927, August 9, 1935, August 12, 1935, September 18, 1940, August 2, 1949.] [49 U. S. C. § 3.] (1) It shall be unlawful for any common carrier subject to the provisions 63 Stat. 485. of this part to make, give, or cause any undue or unreasonable preference or advantage to any particular preference or person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic, in any respect whatsoever; or to subject any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever: Provided, however, That this paragraph shall not be construed to apply to discrimination, prejudice, or disadvantage to the traffic of any other carrier of whatever description. not applicaof another ble to trafic carrier. Sec. 3 54 Stat. 902. Export rates. farm commodities policy. Investigations and orders to carry out policy. U. S. Code, title 49, 3, note. 54 Stat. 902. rates. -confined to commodities and rates requested. 49 Stat. 543. 63 Stat. 485. company, not to deliver freight until charges paid. NOTE. Comparable provisions, part II, § 216 (d); part III, 305 (c); part IV, § 404 (b), (c). (1a) It is hereby declared to be the policy of Congress that shippers of wheat, cotton, and all other farm commodities for export shall be granted export rates on the same principles as are applicable in the case of rates on industrial products for export. The Commission is hereby directed, on its own initiative or an application by interested persons, to make such investigations and conduct such hearings, and, after appropriate proceedings, to issue such orders, as may be necessary to carry out such policy. NOTE. The following provision constitutes § 5 (b) of Transportation Act of 1940, approved September 18, 1940. It is not in terms an amendment of the Interstate Commerce Act, and is inserted here as enacted: "(b) The Interstate Commerce Commission is authorized and directed to institute an investigation into the rates on manufactured products, agricultural commodities, and raw materials, between points in one classification territory and points in another such territory, and into like rates within any of such territories, maintained by common carriers by rail or water subject to part I of the Interstate Commerce Act, as amended, for the purpose of determining whether said rates are unjust and unreasonable or unlawful in any other respect in and of themselves or in their relation to each other, and to enter such orders as may be appropriate for the removal of any unlawfulness which may be found to exist: Provided, That the Commission in its discretion may confine its investigation to such manufactured products, agricultural commodities, and raw materials, and the rates thereon as shippers thereof may specifically request be included in such investigation." Compare, National Transportation Policy, supra, and HochSmith Resolution, infra. (2) No carrier by railroad and no express company Carrier, express subject to the provisions of this part shall deliver or relinquish possession at destination of any freight or express shipment transported by it until all tariff rates and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time prescribe to govern the settlement of all such rates and charges and to prevent unjust discrimination: Provided, That the provisions of this paragraph shall not be construed to prohibit any carrier or express company from extending credit in connection with rates and charges on freight or express shipments transported for Exception, rules as to credit prescribed by Commission. --Federal, State, or municipal governments or agencies. Sec. 3 Nonliability of consignee when agent has no in shipment. beneficial title Reconsigned shipments. Liability of the United States, for any department, bureau, or agency Consignee erroneous state liable, if giving ment to carrier. Limit of time for actions. diverted ship ments. Sec. 3 Liability of beneficial owner. -reconsignor or diverter giving erroneous information. 54 Stat. 903. Consignor becoming nonliable, notice to delivering carrier. address of the beneficial owner, and where such shipments are refused or abandoned at ultimate destination, the said beneficial owner shall be liable for all legally applicable charges in connection therewith. If the reconsignor or diverter has given to the carrier erroneous information as to who the beneficial owner is, such reconsignor or diverter shall himself be liable for all such charges, and an action for the enforcement of his liability may be begun within the same period provided in the case of an action against a consignee who has given erroneous information as to the beneficial owner. NOTE. The amendment of § 3 (2), by § 2 (b) of the act of August 2, 1949, was made effective 6 months after date of its enactment. Comparable provisions, collection of charges; rules: part II, § 223; part III, § 318; part IV, § 414. (3) If a shipper or consignor of a shipment of property (other than a prepaid shipment) is also the consignee named in the bill of lading and, prior to the time of delivery, notifies, in writing, a delivering carrier by railroad or a delivering express company subject to the provisions of this part, (a) to deliver such property at destination to another party, (b) that such party is the beneficial owner of such property, and (c) that delivery is to be made to such party only upon payment of all transportation charges in respect of the transportation of such property, and delivery is made by the carrier to such party without such payment, such shipper or consignor shall not be liable (as shipper, consignor, consignee, or otherwise) for such transportation charges but the party to whom delivery is so made shall in any event be liable for transportation charges billed against the property at the time of such delivery, and also for any additional charges which may be found to be due after delivery of the property, except that if such party prior to such delivery has notified in writing the delivering carrier that he is not the beneficial owner of the property, and has given in writing to such delivering carrier the name and address of such beneficial owner, such party shall not be liable for any additional charges which may be found to be due after delivery of the property; but if the party to whom delivery is made has given to the carrier erroneous information as to the beneficial owner, such party shall never |