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Pac. R. Co., 1 I. C. C. 156, 1 1. C. R. 393. Mileage, excursion or commutation tickets must be offered impartially. Re Passenger Tariffs, 2 I. C. C. 649, 2 I. C. R. 445. Party rates should not be lower than contemporaneous single tickets. Pittsburg, C. & St. L. R. Co. v. B. & 0. R. Co., 3 I. C. C. 465, 2 I. C. R. 729. Order not enforced. Int. Com. Com. v. B & O. R. Co., 43 Fed. 37, 145 U. S. 263, 36 L. Ed. 699, 12 Sup. Ct. 844, 4 I. C. R. 92. Provision merely permissive and gives the Commission no power to compel the issuance of mileage tickets. Sprigg v. B. & O. R. Co., 8 I. C. C. 443, 450. See the able and cogent dissenting opinion of Mr. Commissioner Clements, 457 et seq. See Re Party Rate Tickets, 12 I. C. C. 95. Export Shipping Co. v. Wabash R. Co., 14 I. C. C. 437, 455. Tariff Circular No. 18-A.
Notes of Decisions Rendered Since 1909.
See notes to Sec. 442 supra,
§ 445. Discrimination May Be Prevented by Writ of Man. damus, Remedy Cumulative.-That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the Act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given bly said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ' is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy, hereby given by writ of man
damus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this Act or the Act to which it is a supplement.
New section, section twenty-three, added by Act March 2, 1889, and being section ten of that Act.
Cited in support of the holding that a carrier cannot discriminate in favor of industries on its own line against industries on a connecting line. Standard Lime & Stone Co. v. Cumberland V. R. Co., 15 I. C. C. 620. Remedy is given only for unjust discrimination. United States v. N. & W. Ry. Co., 109 Fed. 831. Second suit abated pending appeal of the first one. United States v. Norfolk & W. Ry. Co., 114 Fed. 682. Suit brought under authority of section and amendment of Feb. 8, 1895. United States v. West Virginia N. R. Co., 125 Fed. 252. Affirmed, holding that writ may run against individuals. West Virginia N. R. Co. v. United States, 134 Fed. 198, 67 C. C. A. 220. Writ will not issue to enforce a private contract for car distribution. United States v. Norfolk & W. R. Co., 138 Fed. 849. Reversed, holding that a right exists for an equal distribution of cars, and a contract therefor is in aid of the act and may be enforced. Same style case, 143 Fed. 266, 74 C. C. A. 404. Mandamus will not issue in suit by United States except under authority of a statute. United States ex rel. Knapp et al. Commissioners v. Lake Shore & M. S. Ry. Co., 197 U. S. 536, 49 L. Ed. 870, 25 Sup. Ct. 538. Act cumulative and not exclusive of preexisting remedies. Tift v. So. Ry. Co., 123 Fed. 789, 138 Fed. 753. Affirmed. So. Ry. Co. v. Tift, 148 Fed. 1021, 206 U. S. 428, 41 L. Ed. 1124, 27 Sup. Ct. 709. Car distribution determined in suit under section. United States v. B. & O. R. Co., 154 Fed. 108. Sustained in so far as relief granted relator and reversed because other relief not granted. United States v. B. & 0. R. Co., 165 Fed. 113, 91 C. C. A. 147. This section does not prevent an individual from applying to the Commission, and this even when another operator has filed a complaint for mandamus. Merchants Coal Co. v. Fairmont Coal Co., 160 Fed. 769, 88 C. C. A. 23. Appealed to Supreme Court. 163 Fed. 1021, 1022. Injunction will not issue to prevent considering private cars in making distribution of cars to coal companies. Majestic Coal & Coke
Co. v. Ill. Cent. R. Co., 162 Fed. 810. Private cars should be charged against their owners in making distribution. United States ex rel. Pitcairn Coal Co. v. B. & O. R. Co.. 165 Fed. 113.
Notes of Decisions Rendered Since 1909.
Right stated and case brought under this Section. B. & 0. R. Co. v. United States ex rel. Pitcairn Coal Co., 215 U. S. 481, 54 L. Ed. 292, 30 Sup. Ct. 164. Reversing U. S. ex rel. Pitcairn Coal Co. v. B. & 0. R. Co., 165 Fed. 113, 91 C. C. A. 147; Hillsdale Coal & Coke Co. v. P. R. R. Co., 19 I. C. C. 356, 380. See also notes Section 20, Sec. 437 supra.
§ 446. Number, Terms, Qualification, Salary and Appointment of Commissioners.—That the Commission is hereby enlarged so as to consist of eleven members, with terms of seven years, and each shall receive $12,000 compensation annually. The qualifications of the members and the manner of payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December 31, 1923, and one for a term expiring December 31, 1924. The terms of the present commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present commissioners, shall expire as heretofore provided by law. Their successors and the successors of the additional commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. Not more than six commissioners shall be appointed from the same political party. Hereafter the salary of the secretary of the Commission shall be $7,500 a year.
Section 24 as amended by Transportation Act 1920. The former section was' enacted June 29, 1906 and amended June 18, 1910. The changes made by the new section are, increasing the number of Commissioners from 9 to 11, raising the salary from $10,000.00 to $12,000.00, and fixing the amount of the salary of the Secretary which was formerly $5,000.00. See section 388, supra.
$446a. Certain Water Carriers to File Schedules.—That every common carrier by water in foreign commerce, whose vessels are registered under the laws of the United States, shall file with the Commission, within thirty days after this section becomes effective and regularly thereafter as changes are made, a schedule or schedules showing for each of its steam vessels intended to load general cargo at ports in the United States for foreign destinations (a) the ports of loading, (b) the dates upon which such vessels will commence to receive freight and dates of sailing, (c) the route and itinerary such vessels will follow and the ports of call for which cargo will be carried.
Paragraph 1 of section 25 as added by section 441 of Transportation Act 1920.
§ 446b. Information to be Furnished by Water Carriers.Upon application of any shipper a carrier by railroad shall make request for, and the carrier by water shall upon receipt of such request name, a specific rate applying for such sailing, and upon such commodity as shall bie embraced in the inquiry, and shall name in connection with such rate, port charges, if any, which accrue in addition to the vessel's rates and are not otherwise published by the railway as in addition to or absorbed in the railway rate. Vessel rates, if conditioned upon quantity of shipment, must be so stated and separate rates may be provided for carload and less than carload shipments. The carrier by water, upon advices from a carrier by railroad, stating that the quoted rate is firmly accepted as applying upon a specifically named quantity of any commodity, shall, subject to such conditions as the Commission by regulation may prescribe, make firm reservation from unsold space in such steam vessel as shall be required for its transportation and shall so advise the carrier by railroad, in which advices shall be included the latest available information as to prospective sailing date of such vessel.
Paragraph 2 of section 25 as added by section 441 of Transportation Act 1920.
§ 446c. Changes of Schedules To Be Filed.-As the matters so required to be stated in such schedule or schedules are changed or modified from time to time, the carrier shall file with the Commission such changes or modifications as early as practicable after such modification is ascertained. The Commission is authorized to make and publish regulations not inconsistent herewith governing the manner and form in which such carriers are to comply with the foregoing provisions. The Commission shall cause to be published in compact form, for the information of shippers of commodities throughout the country, the substance of such schedules, and furnish such publications to all railway carriers subject to this Act, in such quantities that railway carriers may supply to each of their agents who receive commodities for shipment in such cities and towns as may be specified by the Commission, a copy of said publication; the intent being that each shipping community sufficiently important, from the standpoint of the export trade, to be so specified by the Commission shall have opportunity to know the sailings and routes, and to ascertain the transportation charges of such vessels engaged in foreign commerce. Each railway carrier to which such publication is furnished by the Commission is hereby required to distribute the same as aforesaid and to maintain such publication as it is issued from time to time, in the hands of its agents. The Commission is authorized to make such rules and regulations not inconsistent herewith respecting the distribution and maintenance of such publications in the several communities so specified as will further the intent of this section.
Paragraph 3 of section 25, as added by section 441 of Transportation Act 1920. ·
§ 446d. Through Bills of Lading Required.— When any consignor delivers a shipment of property to any of the places so specified by the Commission, to be delivered by a railway carrier to one of the vessels upon which space has been reserved at a specified rate previously ascertained, as