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§ 355. Commission May Relieve from Provision.-If the Interstate Commerce Commission shall be of the opinion that any such existing specified service by water other than through the Panama Canal is being operated in the interest of the public and is of advantage to the convenience and commerce of the people, and that such extension will neither exclude, prevent, nor reduce competition on the route by water under consideration, the Interstate Commerce Commission may, by order, extend the time during which such service by water may continue to love operated beyond July first, nineteen hundred and fourteen.
Added by amendment of Aug. 24, 1912, Sec. 11, Par. 11 in part, Sec. 5. See preceding section for annotations.
§ 356. Water Carriers to File Tariffs.-In every case of such extension the rates, schedules, and practices of such water carrier shall 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, way be considered and granted thereafter.
Added by amendment of Aug. 24, 1912, Sec. 11, part Par. 11, Sec. 5.
§ 357. Violators of Sherman Anti-Trust Act Not to Use Panama Canal.-Vo vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the act of Congress approved July second, eighteen hundred and ninety, entitled “An act to protect trade and commerce against unlawful restraints and monopolies,” or the provisions of sections seventy-three to seventy-seven, both inclusive, of an act approved August twenty-seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,'' or the provisions of any other act of Congress amending or supplementing the said act of July second, eighteen hundred and ninety, commonly known as the Sherman Anti-Trust Act, and amendments thereto, or said sections of the act of August twenty-seventh, eighteen hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or hy the Attorney General of the United States.
Added by amendment of Aug. 24, 1912.
The Transportation Act Sec. 408 makes no reference to this section, which is part of section 11, Panama Canal Act. See United States Compiled Statutes 1916, Sec. 8836.
$ 358. Carriers Shall File, Print and Keep Public Sched. ules of Rates.- That every common carrier subject to the provisions of this act shall file with the Commission created by this act and print and keep open to public inspection schedules showing all the rates, fares and charges for transportation between different points on its own route and hetween points on its own route and points on the route of any other carrier by railroad, by pipe line, or by water 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 publie inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed as aforesaid by any such common 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 passengers, shipper or consignee. Such schedules shall be plainly printed in larger 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 and can be conveniently inspected. The provisions of this section shall apply to all traffic, transportation and facilities defined in this act.
Paragraph one, section six, of the Act as amended June 29, 1906. For the original Act and the Act of March 2, 1889. see post, § 364.
See Tariff Circular 18-A, for regulations with reference to filing tariffs.
One member of a traffic assocotion may file tariffs for all. Re Filing Copies of Joint Tariffs by Traffic Combinations, 1 1. C. R. 76. Form of type to be used. De Rate Sheets, 1 I. C. R. 316. Must publish tariffs of mileage tickets. Larrison v. Chicago & G. T. R. Co., 1 1. C. C. 147, 1 I. C. R. 369. Re Publication of Tariffs, 1 I. C. R. 598.' Local tariffs part of a through tariff and export tariffs should be filed. Re Filing of Joint Tariffs, 1 1. C. C. 657, 2 1. C. R. 9. All tariffs should be publicly announced. Re Tariffs of the Transcontinental Lines, 2 I. C. C. 324, 2 I. C. R. 203. Reduction of rates without filing tariff showing such reduction illegal. Re Passengers Tariff's and Rate Wars, 2 I. C. C. 513, 2 I. C. R. 340. 'Methods generally adopted in substantial compliance with law sufficient. Re Passenger Tariffs, 2 I. C. C. 649, 2 I. C. R. 445. Purpose of section. Re Atlanta & W. P. R. Co., 3 I. C. C. 75, 2 I. C. R. 480. Foreign carriers engaged in transportation from the United States to an adjacent country must comply with section. Re Investigation of Grand Trunk Railway, 3 I. C. C. 89, 2 I. C. R. 496. On shipments intended to be exported by sea, the tariff should show rate to place of export. New York Produce Ex. v. New York C. H. R. R. Co., 3 I. C. C. 137, 2 1. C. R. 553. Passenger excursion rates must be published. Pittsburg, etc., R. Co. v. Baltimore & O. R. Co., 3 I. C. C. 465, 2 1. C. R. 729. Order not enforced because of error on another point. Int. Com. Com. v..B. & 0. R. Co., 43 Fed. 37, 3 1. C. R. 192, 145 U. S. 263, 36 L. Ed. 699, 12 Sup. Ct. 844. Filing of schedules raises no presumption as to the legality of rates set out therein. San Bernardino Board of Trade v. A. T. & S. F. R., 4 I. C. C. 104, 3 I. C. R. 138. Tariffs on imported goods should be posted at the port of entry and point of destination. New York Board of Trade & Transportation v. The Penn R. Co., 4 I. C. C. 447, 3 I. C. R. 417. Order enforced. Int. Com. Com. v. Tex. Pac. R. Co., 52 Fed. 187, 57 Fed. 948, 6 C. C. A. 653, 20 U. S. App. 1, 4 I. C. R. 408. Reversed on another ground. Tex. & Pac. R. Co. v. Int. Com. Com., 162 U. S. 197, 40 L. E 940, 16 Sup. Ct. 666. Must post rates whether commodity exported or not. New Orleans Cotton Exp. v. Louisville, N. 0. & Tex. R. Co., 4 I. C. C. 694, 3 I. C. R. 523. A joint tariff must show on its face what roads concur therein. Lehman-Higginson & Co. v. Tex. Pac. R. Co., 5 I. C. C. 44, 3 I. C. R. 706. Two rates o'n the same commodity should not be retained in the traiff when the lower rate, ostensibly is for a particular class, though actually open to all. Duncan v. A. T. & S. F. R. Co., 6 I. C. C. 85 4 I. C. R. 385. Section and its construction discussed. Re Form and Contents of Rate Schedules, 6 I. C. C. 267, 4 I. C. R. 698. Mere designation in a circular of means of arriving at a rate not sufficient. Colorado Fuel & Iron Co. v. So. Pac. Co., 6 I. C. C. 488, 518. Order not enforced. So. Pac. Co. v. Colorado F. & I. Co., 101 Fed. 779, 42 C. C. A. 12. To use a corporation owned by a carrier to transport freight at other than the published rates violates section. Re Alleged Unlawful Rate and Practices, 7 I. C. C. 33. Posting notice that tariffs may be obtained from agent not sufficient. Rea v. M. & 0. R. Co., 7 I. C. C. 43; Johnson v. Chicago, St. P., etc., R. Co., 9 I. C. C. 221, 237. Rules and regulations affecting aggregate of rates must be shown in tariff. Suffern, Hunt & Co. v. Indiana, etc., R. Co., 7 I. C. C. 255, 272, 278, 279; American Warehousemen's Asso. v. Ill. Cent. R. Co., 7 I. C. C. 566. Section construed with reference to joint rates. New York, N. H. & H. v. Platt, 7 I. C. C. 323, 331. Consolidated Forwarding Co. v. So Pac. Co., 9 I. C. C. 182. Order enforced. Int. Com. Com. v. So. Pac. Co., 132 Fed. 829. Reversed. So. Pac. Co. v. Int. Com. Com., 200 U. S. 336, 50 L. Ed. 585, 26 Sup. Ct. 330. Through export rates to foreign countries need not be shown, it is sufficient if the carrier to the port shows its 55,
proportion. Kemble v. Boston & A. R. Co, & I. C. C. 110, 119. But where the through rate is made by joint arrangement between the rail and water carrier it must be published. Re Export and Domestic Rates on Grain, 8 I. C. C. 214, 276. Re Tariffs on Export and Import Traffic, 10 I. C. C.
63. A local state rate part of a through rate must be published. Re Export Rates from Points East and West of Mississippi River, 8 I. C. C. 185, 213. Rules and regulations relating to storage should be stated. Penn. Millers State Asso. v. Philadelphia & R. R. Co., 8 I. C. C. 531, 560. When rate is per crate, the weight or dimensions should be prescribed. Re Alleged Unlawful Charges for Transportation of Vegetables, 8 I. C. C. 585. Rates referring to regulations of and charges for private cars must be published. Carr v. N. Pac. R. Co., 9 I. C. C. 1, 15. Tariff should show division to tap line and privilege of milling in transit. Central Yellow Pine Asso. v. Vicksburg, etc., R. Co., 10 I, C. C. 193. Charges for refrigeration must be shown. Re Charges for Transportation and Refrigeration of Fruit, 10 I. C. C. 360, 11 I. C. C. 129. Section violated. Re Alleged Unlawful Rates and Practices in Transportation of Coal, 10 I. C. C. 473, 484. Tariffs should be simple enough to be understood by persons of ordinary comprehension. Pitts v. St. L. & S. F. Ry. Co., 10 I. C. C. 684. Tariffs can not be given a retroactive effect. Re Through Routes and Through Rates, 12 I. C. C. 163. Privilege of stopping in transit to sort, etc., must be stated. Shiel & Co. v. Ill. Cent. R. Co., 12 I. C. C. 210. A toll charge not paid should not be stated in tariff. Pacific Coast Jobbers & Mfgrs. Asso. v. So. Pac. Co., 12 I. C. C. 319. Mistake of agent in stating rate will not relieve from tariff rates, Poor v. Chicago, B. & Q. Ry. Co., 12 I. C. C. 418, 469, citing and following Texas & Pac. R. Co., v. Mugg, 202 U. S. 242, 50 L. Ed. 1011, 26 Sup. Ct. 628. Gulf C. & S. F. R. Co. V. Hefley, 158 U. S. 98, 39 L. Ed. 910, 15 Sup. Ct. 802. See recommendation of Int. Com. Com. in annual report for 1908. Carrier making delivery at its cost should so state in tariff. Schawager & Nettleton v. Great N. R. Co., 12 I. C. C. 521. Misleading, unreasonable or impossible conditions should not be stated in tariff's. Re Released Rates, 13 1. C. C. 556. No allowance not specified in tariffs can be allowed. La Salle.