State having regulatory jurisdiction over the class of persons and corporation subject to this Act 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 ratemaking 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 Act.

Paragraph 3, to Section 13 added by Transportation Act. 1920, section 416. The procedure here authorized is substantially that which the Commission had theretofore follow

ed.

§ 393B. Order of Commission Binding Notwithstanding State Laws. Whenever in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any un

due

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 th e.maximum or minimum, or maximum and minimum, 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 carrier parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstand.

This provision, being paragraph 4 of section 13 contained in Transportation Act 1920, Section 416, adds nothing to the authority fully sustained in the Shreveport Case section 44 ante.

§ 394. Reports of Commission on Investigations, How Made and Published. That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and case damages are awarded such report shall include the finding of fact on which the award is made.

All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of.

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

Section fourteen as amended by the Acts of March 2, 1889, and June 29, 1906, paragraphs numbered 1 to 3 by Transportation Act 1920, Sec. 417.

The original Act read:

"That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact. upon which the conclusions of the Commissions are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found.

"All report of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of."

The Act of March 2, 1889, added the last paragraph of the present section.

evidence,

Int. Com. Com. v. L. & N. R.

Under the original Act, construing section fourteen with section ten, the Commission held that it must be a "willful” violation of the Act to authorize it to make a recommendation of reparation. Railroad Com. of Fla. v. Savannah, Fla. & W. R. Co., 5 I. C. C. 13, 136, 3 I. C. R. 688, 693, 750. Section cited. Washer Grain Co. v. Mo. Pac. R. Co., 15 I. C. C. 147, 153; Arkansas Fuel Co. v. Chicago, M. & St. P. R. Co., 16 I. C. C. 95, 98. Section recited in course of opinion. Int. Com. Com. v. Cincinnati, N. O. & T. P. R. Co., 64 Fed. 981, 983, 13 U. S. App. 700; Co., 73 Fed. 409, 414. What the report should show. Order will be set aside when the Commission excludes relevant or fails to give consideration thereto Tex. & Pac. R. Co., v. Int. Com. Com., 162 U. S. 197, 40 L. Ed. 940, 16 Sup. Ct. 666. Effect of the Commission's finding with reference to the classification of a commodity. Int. Com. Com. v. Cincinnati, H. & D. Ry. Co., 146 Fed. 559. Affirmed. Cincinnati, H. & D. R. Ry. Co. v. Int. Com. Com., 206 U. S. 142, 51 L. Ed. 995, 27 Sup. Ct. 648. Effect given to the finding of the Commission fixing a reconsignment charge. St. Louis Hay & Grain Co. v. So. Ry. Co., 149 Fed. 609. Affirmed. So. Ry. Co., v. St. Louis Hay & Grain Co., 153 Fed. 728, 82 C. C. A. 614. Reversed holding that the Commission erred in law in fixing a reconsignment charge at the actual cost thereof, the carrier being entitled to a profit. So. Ry. Co. V. St. Louis Hay & Grain Co., 214 U. S. 297, 53 L. Ed. 1004, 29 Sup. Ct. 678.

Notes of Decisions Rendered Since 1909.

Cited Arkanas Fuel Co. v. C. M. & St. P. Ry. Co., 16 I. C. C. 95, 98. Finding of facts required when award of damages made. Hillsdale Coal & Coke Co. v. P. R. R. Co., 19 I. C. C. 356, 382. No sufficient findings of fact. Lehigh V. R. Co.. V. Clark, 207 Fed. 717, 125 C. C. A. 235. See order of the

Commission denying reparation. Naylor & Co. v. L. V. R. Co., 15 I. C. C. 9; but, on rehearing, reparation ordered, Unrep. Opin. 168, 18 I. C. C. 624. Distinction between reparation and general orders. Lehigh Valley R. Co. v. Meeker, 211 Fed. 785, reversing Meeker v. L. V. R. Co., 175 Fed. 320, 162 Fed. 354, and Meeker v. Lehigh V. R. Co., 236 U. S. 412, 434, 59 L. Ed. 644, 35 Sup. Ct. 328, 337 and Sec. 383, supra.

Notes of Decisions Rendered Since 1915.

Commission may permit amendments dealing with transactions accruing after filing original complaint. Lehigh V. R. Co. v. American Hay Co., 219 Fed. 539, 135 C. C. A. 307. Findings may "be contained in the colloquial statements of an opinion." N. Y. C. R. Co. v. Murphy, 224 Fed. 401, 140 C. C. A. 111. Findings in separate reports in the same case. looked to. Chicago M. & St. P. Ry. Co. v. Geo. A. Hormel & Co., 240 Fed. 381, 153 C. C. A. 307.

§ 395. Power of Commission to Determine and Prescribe Just and Reasonable Rates, Regulations and Practices.— That whenever, after full hearing, upon a complaint made. as provided in section 13 of this Act, or after full hearing under an order for investigation and hearing made by the 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 Act for the transportation of persons or property or for the transmission of messages as defined in the first section of this Act, or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers subject to the provisions of this Act, is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this Act, the Commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or joint rate, fare, or charge, or rates, fares, or charges, to be thereafter observed in such case, or the maxi

mum 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 shall cease and desist from such violation to the 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 or transmission 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.

Paragraph 1 section 15 as amended by Transportation Act 1920. It will be noted that minimum rates, etc., may be prescribed, a power not had by the Commission prior to the amendment. The section prior to this amendment read:

That whenever, after full hearing of a complaint made as provided in section thirteen of this act, or after full hearing under an order for investigation and hearing made by the 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 individuals or joint rates or charges whatsoever demanded, charged or collected by any common carrier or carriers subject to the provisions of this act for the transportation of persons or property or for the transmission of messages by telegraph or telephone as defined in the first section of this act, or that any individual or joint classifications, regulations or practices whatsoever of such carrier or carriers subject to the provisions of this act are unjust or unreasonably or unjustly discriminatory, or unduly preferential or prejudicial or otherwise in violation of any of the provisions of this act, the Commission. is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or joint rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged, and what individual or joint classification, regulation, or practice is