Secs. 5 and 6 lic. 24 Stat. L., 879. 25 Stat. L., 855. be filed with the Interstate Commerce Commission and shall be subject to the Act to regulate commerce and all amendments thereto in the same manner and to the same extent as is the railroad or other common carrier controlling such water carrier or interested in any manner in its operation: Provided, Any application for extension under the terms of this provision filed with the Interstate Commerce Commission prior to July first, nineteen hundred and fourteen, but for any reason not heard and disposed of before said date, may be considered and granted thereafter.1 SEO. 6. [Amended March 2, 1889. Following section 24 Stat. L., 584. substituted June 29, 1906. Amended June 18, 1910, 41 Stat. L., 483. August 24, 1912, August 29, 1916, and February 28, 1920.] (1) That every common carrier subject to the provisions of this Act shall file with the Commission created by this Schedules, Act and print and keep open to public inspection schedprinting and filIng; open to pub- ules showing all the rates, fares, and charges for transportation between different points on its own route and between points on its own route and points on the route applicable when of any other carrier by railroad, by pipe line, or by water tablished. when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid, the separately established rates, fares, and charges applied to the through transportation. The sched- schedules printed as aforesaid by any such common Components no joint rate es What ules shall show. carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee. Posting for pub- Such schedules shall be plainly printed in large type, and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public lic inspection. 1 See further provision in Panama Canal Act, post, page 82. See section 22, proviso on page 75, post. Sec. 6 traffic, transpor and can be conveniently inspected. The provisions of Applies to all this section shall apply to all traffic, transportation, and tation, and facilifacilities defined in this Act. ties. of rates, freight car eign country. (2) Any common carrier subject to the provisions of Schedules this Act receiving freight in the United States to be ried through for carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States, Freight subject through a foreign country into the United States the when through through rate on which shall not have been made public, as lished. required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production. to customs duties rates not pub days' Commission may modify requirements of (3)1 No change shall be made in the rates, fares, and charges or joint rates, fares, and charges which have notice of change been filed and published by any common carrier in in rates required. compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions: Pro-Rules for simvided further, That the Commission is hereby authorized schedules to make suitable rules and regulations for the simplification of schedules of rates, fares, charges, and classifications and to permit in such rules and regulations the filing of an amendment of or change in any rate, fare, charge, or classification without filing complete schedules covering rates, fares, charges or classifications not 1 See Parcel Post, page 170, post. plification of amendments. and Sec. 6 Joint tariffs to Specify carriers changed if, in its judgment, not inconsistent with the public interest. (4) The names of the several carriers which are parties participating. to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the Commission such evidence of con34 Stat. L., 584. currence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necesof sary for the carriers filing the same to also file copies of the tariffs in which they are named as parties. Evidence concurrence; fect of filing. ef 24 Stat. L., 379. contracts and arrangements to be filed. (5) Every common carrier subject to this Act shall Copies of traffic also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party. 25 Stat. L., 855. (6) The Commission may determine and prescribe the form in which the schedules required by this section to be Commission kept open to public inspection shall be prepared and forms of sched- arranged and may change the form from time to time as shall be found expedient. may prescribe ules. engage in trans Carrier not to (7) No carrier, unless otherwise provided by this Act, portation unless shall engage or participate in the transportation of pasand published. sengers or property, as defined in this Act, unless the schedules filed to be strictly ob served. rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater 24 Stak L., 379 or less or different compensation for such transportation Published rates of passengers or property, or for any service in connection therewith, between the points named in such tariffs than 34 Stat. L., 584. the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs. Preference and expedition of mil (8) That in time of war or threatened war preference Itary traffic dur and precedence shall, upon the demand of the President ing war. 34 Stat. L., 584. of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned. Sec. 6 39 Stat. L., 604. No embargo as to shipments for United States. 36 Stat. L., 539. Rejection of de use unlawful. (9) The Commission may reject and refuse to file any schedule that is tendered for filing which does not pro- fective schedules; vide and give lawful notice of its effective date, and any schedule so rejected by the Commission shall be void and its use shall be unlawful. Penalty for failure to comply (10) In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with the terms of any with regulation. regulation adopted and promulgated or any order made by the Commission under the provisions of this section, such carrier, receiver, or trustee shall be liable to a penalty of five hundred dollars for each such offense, and twenty-five · dollars for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Carrier to fur statement of rate. nish written (11) If any common carrier subject to the provisions of this Act, after written request made upon the agent of such carrier hereinafter in this section referred to, by any person or company for a written statement of the rate or charge applicable to a described shipment between stated places under the schedules or tariffs to which such carrier is a party, shall refuse or omit to give such written statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person or company making such request suffers damage in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a line or route for which the proper rate is higher than the rate over another available line or route, or through entering into any sale or other contract whereunder such person or company obligates himself or itself Penalty for re to make such shipment of freight at his or its cost, then ment of rate. the said carrier shall be liable to a penalty of two hundred and fifty dollars, which shall accrue to the United States and may be recovered in a civil action brought by the United States. fusal or misstate rier's agent to be (12) It shall be the duty of every carrier by railroad to Name of car keep at all times conspicuously posted in every station posted. where freight is received for transportation the name of an Sec. Additional jurisdiction of Com and water traf fic agent resident in the city, village, or town where such station is located, to whom application may be made for the information by this section required to be furnished on written request; and in case any carrier shall fail at any time to have such name so posted in any station, it shall be sufficient to address such request in substantially the following form: "The Station Agent of the Company at Station," together with the name of the proper post office, inserting the name of the carrier company and of the station in the blanks, and to serve the same by depositing the request so addressed, with postage thereon prepaid, in any post office. (13)1 When property may be or is transported from mission over rail point to point in the United States by rail and water through the Panama Canal or otherwise, the transporta37 Stat. L., 568., tion being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten: -physical connection between rail lines dock. (a) To establish physical connection between the lines and of the rail carrier and the dock at which interchange of passengers or property is to be made by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of the railroad right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a track or tracks to -Commission the dock. The Commission shall have full authority to terms of construc-determine and prescribe the terms and conditions upon which these connecting tracks shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier: Provided, That construction required by the -anding of con- Commission under the provisions of this paragraph shall cessity requisite. be subject to the same restrictions as to findings of public convenience and necessity and other matters as is construction required under section 1 of this Act. may determine tion and operation. venience and ne -through routes and joint rates, (b) To establish through routes and maximum joint rall and water rates between and over such rail and water lines, and to determine all the terms and conditions under which carriers. 1 See Merchant Marine Act, post, page 178, and section 201, paragraph (c), Transportation Act, post, page 113. See section 500, Transportation Act, post, page 141. |