Sec. 15 retroactive. sions. have been unjust, unreasonable, or inequitable, or unduly preferential or prejudicial, the Commission may also by order determine what (for the period subsequent to the filing of the complaint or petition or the making of the Divisions made order of investigation) would have been the just, reasonable, and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance therewith. In so prescribing and determining the divisions of joint rates, fares and charges, the Commission shall give due consideration, among other Considerations in things, to the efficiency with which the carriers concerned determining diviare operated, the amount of revenue required to pay their respective operating expenses, taxes, and a fair return on their railway property held for and used in the service of transportation, and the importance to the public of the transportation services of such carriers and also whether any particular participating carrier is an originating, intermediate, or delivering line, and any other fact or circumstance which would ordinarily, without regard to the mileage haul, entitle one carrier to a greater or less. proportion than another carrier of the joint rate, fare or charge. new rate, classifi tion, or practice. Suspension pending decision. (7) Whenever there shall be filed with the Commis- Investigation of sion any schedule stating a new individual or joint rate, cation, regula fare, or charge, or any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, charge, classification, regulation, or practice; and pending such hearing and the decision thereon the Commission, upon filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may from time to time Period of suspensuspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than seven months 7 Suspensions, under Motor Carrier Act, 1935, as to common carrier rates, etc., sec. 216 (g); as to reduced charges of contract carriers, sec. 218 (c), post. sion. Sec. 15 rate, etc. pension period becomes effective. Accounting required for increased amounts received. Refund of increased amounts required if Order as to such beyond the time when it would otherwise go into effect; and after full hearing, whether completed before or after Expiration of sus- the rate, fare, charge, classification, regulation, or pracprior to decision. tice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If New rate, etc. the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed increased rate or charge for or in respect to the transportation of property, the Commission may by order require the interested carrier or carriers to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, Burden of proof with interest, to the persons in whose behalf such amounts were paid, such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing involving a rate, fare, or charge increased after January 1, 1910, or of a rate, fare, or charge sought Preference given to be increased after the passage of this part, the burden of proof to show that the increased rate, fare, or charge, or proposed increased rate, fare, or charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. change not justified. as to reasonable ness of increased rates. suspension cases. (8) In all cases where at the time of delivery of property to any railroad corporation being a common carrier, for transportation subject to the provisions of this part to any point of destination, between which and the point of such delivery for shipment two or more through routes and through rates shall have been established as in this part provided to which through routes and through rates such carrier is a party, the person, firm, or corporation making such shipment, subject to such reasonable exceptions and regulations as the Interstate Commerce Commission shall from time to time prescribe, shall have the Shippers may des right to designate in writing by which of such through routes such property shall be transported to destination, and it shall thereupon be the duty of the initial carrier to ignate routing. route said property and issue a through bill of lading therefor as so directed, and to transport said property over its own line or lines and deliver the same to a connecting line or lines according to such through route, and it shall be the duty of each of said connecting carriers to receive said property and transport it over the said line or lines and deliver the same to the next succeeding carrier or consignee according to the routing instructions in said bill of lading: Provided, however, That the shipper shall in all instances have the right to determine, where competing lines of railroad constitute portions of a through line or route, over which of said competing lines so constituting a portion of said through line or route his freight shall be transported. Sec. 15 between carriers, for proceeds of tation. (9) Whenever property is diverted or delivered by one carrier to another carrier contrary to routing in- Accounting, as structions in the bill of lading, unless such diversion or diverted transpordelivery is in compliance with a lawful order, rule, or regulation of the Commission, such carriers shall, in a suit or action in any court of competent jurisdiction, be jointly and severally liable to the carrier thus deprived of its right to participate in the haul of the property, for the total amount of the rate or charge it would have received had it participated in the haul of the property. The carrier to which the property is thus diverted shall not be liable in such suit or action if it can show, the burden of proof being upon it, that before carrying the property it had no notice, by bill of lading, waybill or otherwise, of the routing instructions. In any judgment which may be rendered the plaintiff shall be allowed to recover against the defendant a reasonable attorney's fee to be taxed in the case. direct routing does not. (10) With respect to traffic not routed by the shipper, Commission may the Commission may, whenever the public interest and when shipper a fair distribution of the traffic require, direct the route which such traffic shall take after it arrives at the terminus of one carrier or at a junction point with another carrier, and is to be there delivered to another carrier. 8 closure of infor ments unlawful. (11) It shall be unlawful for any common carrier Unauthorized dissubject to the provisions of this part, or any officer, mation as to ship agent, or employee of such common carrier, or for any other person or corporation lawfully authorized by such 8 Similar provisions, Motor Carrier Act, 1935, sec. 222 (e), (f), post. Sec. 15 Exceptions. Penalty. Allowance to owner of property strumentality. common carrier to receive information therefrom, knowingly to disclose to or permit to be acquired by any person or corporation other than the shipper or consignee, without the consent of such shipper or consignee, any infor mation concerning the nature, kind, quantity, destination consignee, or routing of any property tendered or deliv. ered to such common carrier for interstate transporta tion, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a com petitor; and it shall also be unlawful for any person on corporation to solicit or knowingly receive any such information which may be so used: Provided, That noth ing in this part shall be construed to prevent the giving of such information in response to any legal proces issued under the authority of any State or Federal court or to any officer or agent of the Government of th United States, or of any State or Territory, in the exer cise of his powers, or to any officer or other duly author ized person seeking such information for the prosecution of persons charged with or suspected of crime; or infor mation given by a common carrier to another carrier o its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers. (12) Any person, corporation, or association violating any of the provisions of the next preceding paragraph of this section shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not more than one thousand dollars. (13) If the owner of property transported under this for service or in- part directly or indirectly renders any service connected with such transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be no more than is just and reasonable, and the Commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentalCommission may ity so furnished, and fix the same by appropriate order, maximum allow which order shall have the same force and effect and be enforced in like manner as the orders above provided for under this section. fix reasonable ance. Secs. 158-16 powers not exclu (14) The foregoing enumeration of powers shall not Enumeration of exclude any power which the Commission would other- ive. wise have in the making of an order under the provisions of this part. FAIR RETURN FOR CARRIERS " SEC. 15a. [Added February 28, 1920; amended, June 16, 48 Stat. L. 220. 1933.] [U. S. Code, title 49, sec. 15a.] (1)1 When used" Rates defined. in this section the term "rates" means rates, fares, and charges, and all classifications, regulations, and practices relating thereto. making. and of carriers (2) In the exercise of its power to prescribe just and Rule of ratereasonable rates the Commission shall give due considera- 48 Stat. L. 220. tion, among other factors, to the effect of rates on the movement of traffic; to the need, in the public interest, of Needs of public adequate and efficient railway transportation service at considered. the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide such service. ORDERS OF COMMISSION AND ENFORCEMENT THEREOF; ages by Commis 24 Stat. L. 384. 41 Stat. L. 491. SEC. 16. [Amended March 2, 1889, June 29, 1906, June 18, 1910, February 28, 1920, June 7, 1924, and August 9, 1935.] [U. S. Code, title 49, sec. 16.] (1) That if, after Award of damhearing on a complaint made as provided in section sion thirteen of this part, the Commission shall determine 25 Stat. L. 859. that any party complainant is entitled to an award of 34 Stat. L. 590. damages under the provisions of this part for a violation 49 Stat. L. 543. thereof, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. 36 Stat. L. 554. (2) If a carrier does not comply with an order for the 41 Stat. L. 491 payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the circuit court of the United States for the district in which he resides or in 1For provisions for discontinuance of proceedings under this section as it stood prior to the amendment of June 16, 1933, and for liquidation of general railroad contingent fund and distribution of moneys collected and in the fund, see Act of June 16, 1933, sec. 206 (48 Stat. L. 220) [U. S. Code, title 49, sec. 15b]-not included in this compilation. 'Similar provision as to common carriers by motor vehicle, sec. 216 (1), post. |