Paragraph 6, section one, of Act as added by Act June 29, 1906, changed to 8 by Transportation Act 1920. Unconstitutional. United States v. Delaware & H. Co., 164 Fed. 215, 22d Annual Report Interstate Com. Com. (1908) 17. Circuit court reversed and section held valid as construed by Supreme Court. United States v. Delaware & H. Co., 213 U. S. 366, 53 L. Ed. 836, 29 Sup. Ct. 527. Does not apply to intrastate shipment. Central Trust Co. v. Pittsburg, etc., R. Co., 101 N. Y. Sup. 837, 114 App. Div. 907. Notes of Decision Rendered Since 1909. Cited as prohibiting carrier from transporting coal mined by it. Consolidated Fuel Co. v. A. T. & S. F. Ry. Co., 27 I. C. C. 554, 556. Applies to a corporation owned by the carrier when the corporation has no real independent existence and distinguishing U. S. v. Delaware & H. Co., 213 U. S. 366, 53 L. Ed. 836, 29 Sup. Ct. 527-that facts fail to show clause applies. Campbell's Creek Coal Co. v. A. A. R. R. Co., 29 I. C. C. 682. United States v. Lehigh Valley R. Co., 220 U. S. 257, 55 L. Ed. 458, 31 Sup. Ct. 387. Statute valid and held that hay for animals used in coal mines owned by carrier within the provision. Delaware, L. & W. R. Co. v. U. S., 231 U. S. 363, 58 L. Ed. 269, 34 Sup. Ct. 65. The question relating to the provision not so presented as to require decision. United States v. B. & O. R. Co. Sugar Lighterage Case, 231 U. S. 274, 58 L. Ed. 218, 34 Sup. Ct. 75, affirming Baltimore & O. R. - Co., 200 Fed. 779, Opin. Com. Ct. No. 381, 499. For decisions of Commission, see Federal Sugar Refining Co. v. B. & O. R. Co., 17 I. C. C. 40, 20 I. C. C. 200. Statute and decisions applied and questions fully discussed. U. S. v. Delaware, L. & W. R. Co.. 213 Fed. 240. See same case United States v. D. L. & W. R. Co., 238 U. S. 516, 59 L. Ed. 1438, 35 Sup. Ct. 873. Citing and discussing the clause. Rates for transportation of Anthracite Coal, 35 I. C. C. 220, 248. Notes of Decisions Rendered Since 1915. No conflict between this section and section 404, post. Allowances to Kanawha, Glen Jean & Eastern, 41 I. C. C. 53, 59. Mere ownership of stock in company owning the com modity not prohibited. The Alaska Investigation 44 I. C. C. 680, 709. The duty to enforce this clause is public. Ketchum v. Denver & R. G. Co., 248 Fed. 106, 111. -- § 344. Terms under Which Switch Connections Shall Be Made. Any common carrier subject to the provisions of this Act, upon application of any lateral, branch line of railroad, or of any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or against any such shipper. If any common carrier shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper or owner of such lateral, branch line of railroad, such shipper or owner of such lateral, branch line of railroad may make complaint to the Commission, as provided in section thirteen of this Act, and the Commission shall hear and investigate the same and shall determine as to the safety and practicability thereof and justification and reasonable compensation therefor, and the Commission may make an order, as provided in section fifteen of this Act, directing the common carrier to comply with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter provided for the enforcement of all other orders by the Commission, other than orders for the payment of money. Last paragraph, section one, of Act as added by Act of June. 29, 1906, and June 18, 1910, which later added clause is italicised, par. 9, Transportation Act 1920. Under paragraph 2, section 3, of this Act prior to the amendment of June 29, 1906, switch connections could be ordered when the failure to do so constituted discrimination. Red Rock Fuel Co. v. Balt. & O. R. Co., 11 I. C. C. 438. Written application must be made to give the Commission jurisdic tion. Barden & S. v. Lehigh V. R. Co., 12 I. C. C. 193. Connection ordered. McRae T. Ry. v. So. Ry. Co., 12 I. C. C. 270, 545. Carriers should not repay shippers for switch connections with transportation. Weleetka Light & Water Co. v. Ft. Smith & W. R. Co., 12 I. C. C. R. 503. Section discussed and construed. Rahway Valley R. Co. v. Delaware, L. & W. R. Co., 14 I. C. C. 191; McCormick v. Chicago, B. & Q. R. Co., 14 I. C. C., 611. State court may in absence of action by Commission compel switch connection. Mo. Pac. R. Co. v. Larabee Flour Mills Co., 211 U. S. 612, 53 L. Ed. 352, 29 Sup. Ct. 214. See also Wisconsin, etc., R. Co. v. Jacobson, 179 U. S. 287, 45 L. Ed. 194, 21 Sup. Ct. 115. Notes of Decision Rendered Since 1909. Prior to amendment of 1910 held that a lateral branch railroad could not apply for a switch connection. Int. Com. Com. v. Delaware, L. & W. R. Co., 216 U. S. 531, 54 L. Ed. 605, 30 Sup. Ct. 415, affirming. Delaware, L. & W. Co. v. Int. Com. Com., 166 Fed. 498. The private track to be connected must exist. Winters Metallic Paint Co. v. C. M. & St. P. Ry. Co., 16 I. C. C. 687. Joint rates denied. Blakely S. R. Co. v. A. C. L. R. R. Co., 26 I. C. C. 344. To be read with provisions requiring transportation to be furnished and applies to lateral branch roads whether plant facilities or not. Huerfano Coal Co. v. C. & S. E. R. R. Co., 28 I. C. C. 502, 505. It is not illegal to require a switch connection for the use of only one shipper. Union Lime Co. v. C. & N. W. Ry. Co., 233 U. S. 211, 58 L. Ed. 924, 34 Sup. Ct. 522; Federal Sugar Refining Co. v. Central of N. J. R. Co., 35 I. C. C. 488. State law only indirectly affecting interstate commerce valid. L. & N. R. R. Co. v. Hidgon, 234 U. S. 592, 58 L. Ed. 1184, 34 Sup. Ct. 948. Notes of Decisions Rendered Since 1915. Section restricted to lateral branch lines. Montana v. P. C. C. & St. L. Ry. Co., 48 I. C. C. 728, 729 and cases cited. See also section 191, ante and 347, post. § 344A. Car Service Defined. The term "car service" in this Act shall include the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this Act. Paragraph 10 of section 1 of Interstate Commerce Act, originally paragraph 1 of Act May 24, 1917 and of August 10, 1917, Transportation Act 1920, sec. 402. Sections 344A to 344H are taken from the Acts of May 29 and August 10, 1917 as amended by the Transportation Act 1920, sections 402, 403 and those sections are now paragraphs 10 to 17, section 1, of the Interstate Commerce Act. § 344B. Duty of Carrier to Furnish Safe and Adequate Car Service. It shall be the duty of every carrier by railroad subject to this Act to furnish safe and adequate car service and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. Paragraph 11 of Section 1 Interstate Commerce Act. § 344C. Duty of Carriers to Make Reasonable Distribution of Cars. It shall also be the duty of every carrier by railroad to make just and reasonable distribution of cars for transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and reasonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of $100 for each offense. which may be recovered in a civil action brought by the United States. Paragraph 12, section 1, Interstate Commerce Act. § 344D. Schedule of Car Service Must be Filed.-The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this Act, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incorporated in their schedules, showing rates, fares, and charges for transportation, and be subject to any or all of the provisions of this Act relating thereto. Paragraph 13, section 1, Interstate Commerce Act. § 344E. Authority of Commisison to Establish Car Service Rules. The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by carriers by railroad subject to this Act, including the compensation to be paid for the use of any locomotive, car, or other vehicle not owned by the carrier using it, and the penalties or other sanctions for nonobservance of such rules, regulations or practices. Paragraph 14, section 1, Interstate Commerce Act. -- § 344F. Authority of Commission to Require Joint Use of Terminals. Whenever the Commission is of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine: (a) to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms |