Sec. 13

to the matter or thing concerning which the inquiry is Complainant's in had excepting orders for the payment of money.

terest immaterial.

Procedure when

rates of State, or

ident, attacked.

cooperation with

No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

(3)3 Whenever in any investigation under the proviinitiated by Pres- sions of this part, or in any investigation instituted upon petition of the carrier concerned, which petition is hereby authorized to be filed, there shall be brought in issue any rate, fare, charge, classification, regulation, or practice, made or imposed by authority of any State, or initiated by the President during the period of Federal control, the Commission, before proceeding to hear and dispose of such issue, shall cause the State or States Conference and interested to be notified of the proceeding. The ComState authorities. mission may confer with the authorities of any State having regulatory jurisdiction over the class of persons and corporations subject to this part with respect to the relationship between rate structures and practices of carriers subject to the jurisdiction of such State bodies and of the Commission; and to that end is authorized and empowered, under rules to be prescribed by it, and which may be modified from time to time, to hold joint hearings with any such State regulating bodies on any matters wherein the Commission is empowered to act and where the rate-making authority of a State is or may be affected by the action taken by the Commission. The Commission is also authorized to avail itself of the cooperation, services, records, and facilities of such State authorities in the enforcement of any provision of this part.

13R)

Preference or prejudice, or discrimination against interstate or foreign commerce.

Commission to prescribe lawful rate, classification, regulation, or practice.

(4) Whenever in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce on the one hand and interstate or foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce, which is hereby forbidden and declared to be unlawful, it shall prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and mini

'Joint hearings and cooperation with State authorities under Motor Carrier Act, 1935, sec. 205 (g); saving clause, as to intrastate rates, etc., sec. 216 (e), post.

4 Saving clause as to intrastate rates, etc., under Motor Carrier Act, 1935, sec. 216 (e), post.

Secs. 14-15

num, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed, in such manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination. Such rates, fares, charges, classifications, regulations, and practices shall be observed while in effect by the carriers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding.

REPORTS AND DECISIONS OF COMMISSION

and

(1)

24 Stat. L. 384.

25 Stat. L. 859. 34 Stat. L. 589.

31 Stat. L. 484. said Commission to

make report,

and order.

SEC. 14.1 [Amended March 2, 1889, June 29, 1906, February 28, 1920.] [U. S. Code, title 49, sec. 14.] That whenever an investigation shall be made by Commission, it shall be its duty to make a report in with conclusions writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on tion cases. which the award is made.

(2)2 All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall

Report in repara.

ice.

be furnished to the party who may have complained, Reports entered and to any common carrier that may have been complained of.

as evidence.

(3)2 The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and Reports and desuch authorized publications shall be competent evidence cisions competent of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports.

DETERMINATION OF RATES, ROUTES, ETC.; ROUTING OF TRAFFIC;

DISCLOSURES, ETC.

Annual reports, printing.

SEO. 15. [As amended June 29, 1906, June 18, 1910, 24 Stat. L. 384. February 28, 1920, March 4, 1927, June 19, 1934, and 36 Stat. L. 551.

1

41 Stat. L. 484,

488.

48 Stat. L. 1102,

The provisions of this section, relating to reports, decisions, 44 Stat. L. 1447. apply in the administration of the Motor Carrier Act, 1935, 204 (f), post.

'Applicability to part II of this Act, see footnote to par.

this section, ante.

sec. 49 Stat. L. 543.

(1),

Sec. 15

rates, classifica

or practices, by

2

August 9, 1935.] [U. S. Code, title 49, sec. 15.] (1)1 That whenever, after full hearing, upon a complaint made Determination of as provided in section 13 of this part, or after full hearing tions, regulations, under an order for investigation and hearing made by the Commission. Commission on its own initiative, either in extension of any pending complaint or without any complaint whatever, the Commission shall be of opinion that any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers subject to this part for the transportation of persons or property as defined in the first section of this part, or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers subject to the provisions of this part, is or will be unjust or unrea sonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this part, the Commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or joint rate, fare, or Commission may charge, or rates, fares, or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged (or, in the case of a through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto), and what individual or joint classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or Carriers to cease carriers shall cease and desist from such violation to the violations found. extent to which the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation other than the rate, fare, or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

fix maximum, mininum, or precise rates.

and desist from

Orders effective

as prescribed, and to be obeyed.

3

(2) Except as otherwise provided in this part, all Time when orders orders of the Commission, other than orders for the pay

take effect.

1Orders under Motor Carrier Act, 1935, sec. 204 (d), 216 (e), and 218 (b), post.

266 or for the transmission of messages at this point repealed by Communications Act of 1934, sec. 602 (b), June 19, 1934 (48 Stat. L. 1064).

866

or transmission at this point repealed by Communications Act of 1934, sec. 602 (b), as in preceding footnote.

Similar provision in Motor Carrier Act, 1935, sec. 221 (b), post.

Sec. 15

effect of order.

ment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force Continuance in until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction.

through routes,

joint classifica

erating condi

tions.

(3) The Commission may, and it shall whenever Establishment of deemed by it to be necessary or desirable in the public tions and rates, interest, after full hearing upon complaint or upon its divisions, and opown initiative without a complaint, establish through routes, joint classifications, and joint rates, fares, or charges, applicable to the transportation of passengers or property, or the maxima or minima, or maxima and minima, to be charged (or, in the case of a through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto), and the divisions of such rates, fares, or charges as hereinafter provided, and the terms and conditions under which such through routes shall be operated; and this provision, except as herein otherwise provided, shall apply when one of the carriers is a water line. The Commission shall not, however, establish any through route, classifi- Street electric cation, or practice, or any rate, fare, or charge, between ways excepted. street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business, and railroads of a different character; nor shall the Commission have the Transportation wholly by water right to establish any route, classification, or practice, excepted. or any rate, fare, or charge when the transportation is wholly by water, and any transportation by water affected by this part shall be subject to the laws and regulations applicable to transportation by water.

passenger rail.

power to pre

routes.

(4) In establishing any such through route the Com- Limitation on mission shall not (except as provided in section 3, and scribe through except where one of the carriers is a water line), require any carrier by railroad, without its consent, to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith, which lies between the termini of such proposed through route, unless such inclusion of lines

Similar provision, Motor Carrier Act, 1935, sec. 216 (e), post.

20049-35

Sec. 15

temporary

emergency.

would make the through route unreasonably long as compared with another practicable through route which Establishment of could otherwise be established: Provided, That in time through routes in of shortage of equipment, congestion of traffic, or other emergency declared by the Commission it may (either upon complaint or upon its own initiative without complaint, at once, if it so orders without answer or other formal pleadings by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine) establish temporarily such through routes as in its opinion are necessary or desirable in the public interest.

Unloading and reloading ordi

public stockyards.

(5) Transportation wholly by railroad of ordinary nary livestock at livestock in carload lots destined to or received at public stockyards shall include all necessary service of unloading and reloading en route, delivery at public stockyards of inbound shipments into suitable pens, and receipt and loading at such yards of outbound shipments, without extra charge therefor to the shipper, consignee or owner, except in cases where the unloading or reloading en route is at the request of the shipper, consignee or owner, or to try an intermediate market, or to comply with quarantine When extra be regulations. The Commission may prescribe or approve just and reasonable rules governing each of such excepted services. Nothing in this paragraph shall be construed to affect the duties and liabilities of the carriers now existing by virtue of law respecting the transportation of other than ordinary livestock, or the duty of performing service as to shipments other than those to or from public stockyards.

made.

Commission to prescribe or approve rules.

prescribe divisions of joint rates.

Commission may (6) Whenever, after full hearing upon complaint or upon its own initiative, the Commission is of opinion that the divisions of joint rates, fares, or charges, applicable to the transportation of passengers or property, are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the Commission shall by order prescribe the just, reasonable, and equitable divisions thereof to be received by the several carriers, and in cases where the joint rate, fare, or charge was established pursuant to a finding or order of the Commission and the divisions thereof are found by it to

'Similar provisions, Motor Carrier Act, 1935, sec. 216 (f), post.