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provided herein, for the transportation by water from and for a port named in the aforesaid schedule, the railway carrier shall issue a through bill of lading to the point of destination. Such bill of lading shall name separately the charge to be paid for the railway transportation, water transportation, and port charges, if any, not included in the rail or water transportation charge; but the carrier by railroad shall not be liable to the consignor, consignee, or other person interested in the shipment after its delivery to the vessel. The Commission shall, in such manner as will preserve for the carrier by water the protection of limited liability provided by law, make such rules and regulations not inconsistent herewith as will prescribe the form of such through bill of lading, In all such cases it shall be the duty of the carrier by railroad to deliver such shipment to the vessel as a part of its undertaking as a common carrier.
Paragraph 4 of section 25, as added by section 441 Transportation Act 1920.
§ 446e. Such Through Lading Not An Arrangement for Continuous Carriage.—The issuance of a through bill of lading covering shipments provided for herein shall not be held to constitute “an arrangement for continuous carriage or shipment” within the meaning of this Act.
Paragraph 5 of section 25, as added by section 441 Transportation Act 1920.
§ 446f. Automatic Train-Stop or Train-Control Devices May Be Required.—That the Commission may, after investigation, order any carrier by railroad subject to this Act, within a time specified in the order, to install automatic train-stop or train-control devices, or other safety devices, which comply with specifications and requirements prescribed by the Commission, upon the whole
any part of its railroad, such order to be issued and published at least two years before the date specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon a portion of its railroad not included in the order; and any action arising because of an accident happening upon such
portion of its railroad shall be determined without consideration of the use of such devices upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States.
Section 26 of Interstate Commerce Act, added by section 441 Transportation Act 1920.
§ 446g. Title of Act.—That this Act may be cited as the “Interstate Commerce Act.”
Section 27 added by section 441 Transportation Act 1920. See also section 334a, supra.
§ 447. Existing Laws as to Obtaining Testimony Applicable to Act.—That all existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the act to regulate commerce and all acts amendatory thereof shall apply to any and all proceedings and hearings under this act.
Section nine of the Act of June 29, 1906.
Cited in discussion of the power of the Commission to make investigations. Harriman v. Int. Com. Com., 211 l'. S. 407, 422, 53 1.. Ed. 253, 29 Sup. Ct. 115.
§ 448. Repealing Conflicting Laws Not to Affect Pending Suits.—That all laws and parts of laws in conflict with the provisions of this act are hereby repealed; but the amendments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.
Section ten of the Act June 29, 1906.
Does not prevent the indictment if those violating the old law. United States v. Standard Oil Co., 148 Fed. 719, 155 Fed. 305. Reversed on other grounds. 164 Fed. 376, 90 C. C. A. 364; United States v. Chicago, St. P. & M. Ry. Co., same v. G. N. Ry. Co., 151 Fed. 84. Affirmed, same ruling. Great N. Ry. Co. v. United States, 208 U. S. 452, 52 L. Ed. 567, 28 Sup. Ct. 313.
Applies to rebate cases and an indictment good under the Elkins law prior to its amendment remains good since. United States v. Delaware L. & W. R. Co., 152 Fed. 269; United States v. New York C. & H. R. R. Co., 153 Fed. 630; Great N. Ry. Co. v. United States, 155 Fed. 945, 84 C. C. A. 93. Affirmed. 208 U. S. 452, 52 L. Ed. 567, 28 Sup. Ct. 313; United States v. Great N. R. Co., 157 Fed. 288, 290.
§ 449. Time of Taking Effect of Act.—That this act shall take effect and be in force from and after its passage.
Joint resolution of June 30, 1906, provides: That the act entitled “An act to amend an act entitled 'An act to regulate commerce,' approved February 4, 1887, and all the acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission, shall take effect and be in force sixty days after its approval by the President of the United States."
Section eleven of the Act of June 29, 1906, and the joint resolution of June 30, 1906.
The effective date of the Act of June 29, 1906, was August 28, 1906. Nicola, Stone & Myers Co. v. L. & N. R. Co., 14 I. C. C. 199, 206.
Joint resolution ineffective to prevent law becoming in force on the date of its approval by the President. United States v. Standard Oil Co., 148 Fed. 719. Reversed on other grounds. Standard Oil Co. v. United States, 164 Fed. 376, 90 C. C. A. 364.
Section cited, Philips v. G. T. W. Ry. Co., 236 U. S. 662, 59 L. Ed. 774, 35 Sup. Ct. 444.
$ 450. Carriers Must Designate Agents in Washington.-It shall be the duty of every common carrier subject to the provisions of this act, within sixty days after the taking effect of this act, to designate in writing an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said commerce court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier by leaving a copy thereof with such designated agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or commerce court may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission.
New section added by amendment of June 18, 1910.
§ 451. Pending Cases Not Affected. That nothing in this act contained shall undo or impair any proceedings heretofore taken by or before the Interstate Commerce Commission or any of the acts of said Commission; and in any cases, proceedings, or matters now pending before it, the Commission may exercise any of the powers hereby conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated and nothing in this act contained shall operate to release or affect any obligation, liability, penalty, or forfeiture heretofore existing against or incurred by any person, corporation or association.
Section 15 Act June 18, 1910.
§ 452. Commission to Investigate Questions Pertaining to Issuance of Stocks and Bonds.—That the President is hereby authorized to appoint a Commission to investigate questions pertaining to the issuance of stocks and bonds by railroad corporations, subject to the provisions of the act to regulate commerce, and the power of Congress to regulate or affect the same, and to fix the compensation of the members of such Commission. Said Commission shall be and is hereby authorized to employ experts to aid in the work of inquiry and examination, and such clerks, stenographers, and other assistants as may be necessary, which employees shall be paid such compensation as the Commission may deem just and reasonable, upon a certificate to be issued by the chairman of the Commission. The several departments and bureaus of the Government shall detail from time to time such officials and employees and furnish such information to the Commission as may be directed by the President. For the purpose of its investigations the Commission shall be authorized to incur and have paid upon the certificate of its chairman such expenses as the Commission shall deem necessary: Provided, however, That the total expenses authorized or incurred under the provisions of this section for compensation, employees, or otherwise, shall not exceed the sum of twenty-five thousand dollars.
Section 16 of the Act of June 18, 1910.
§ 453. Injunctions against Operation of State Statutes.That no interlocutory injunction suspending or restraining the enforcement, operation, or execution of any statute of a state “Or in the enforcement or execution of an order made by an administrative board or commission acting under and pursuant to the statutes of such state," by restraining the action of any officer of such state in the enforcement or execution of such statute shall be issued or granted by any justice of the supreme court, or by any circuit court of the United States, or by any judge thereof, or by any district judge acting as circuit judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit judge, or to a district judge acting as circuit judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the Supreme Court of the United States or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a justice of the Supreme Court of the United States, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, That one of such judges shall be a justice of the Supreme Court of the United States or a circuit judge.