Pac. Co. v. I. C. C., 219 U. S. 433, 55 L. Ed. 283, 31 Sup. Ct. 288. See further history of case: So. Pac. Co. v. Int. Com. Com., 177 Fed. 963; same styled case, 215 U. S. 226, 54 L. Ed. 169, 30 Sup. Ct. 89; Western Oregon Lumber Mfgrs. Asso. v. So. Pac. Co., 14 I. C. C. 61. The Commission must act by formal order. Am. Sugar Refining Co. v. D. L. & W. R. Co., 207 Fed. 733, 125 C. C. A. 251, reversing same styled case, 200 Fed. 652. The statute gives the right to a full hearing and that confers the privilege of introducing testimony and at the same time imposes the duty of deciding in accordance with the facts proved. Int. Com. Com. v. L. & N. R. Co., 227 U. S. 88, 57 L. Ed. 431, 33 Sup. Ct. 185, reversing L. & N. R. Co., v. Int. Com. Com., 195 Fed. 541. For Commission's decision see New Orleans Board of Trade v. L. & N. R. Co., 17 I. C. C. 231. In the opinion of the Supreme Court is cited the authorities in which the force of an order of the Commission is discussed. See also Louisville & N. R. Co. v. U. S. 238 U. S. 1, 59 L. Ed. 1177, 35 Sup. Ct. 696.

§ 396. When Orders Take Effect and How Long Continue Unless Modified or Set Aside by the Commission or a Court Except as otherwise provided in this Act, all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction.

Paragraph 2 section 15 as changed by Transportation Act 1920 section 418. The former section read:

All orders of the Commission, except orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the order of the Commission, unless the same shall be suspended or modified or set aside by the Commission or be suspended or set aside by a court of competent jurisdiction.

Second part of paragraph one of section fifteen as added by Act of June 29, 1906.

Cited, Mo., Kan, & Tex. Ry. Co. v. Int. Com. Com., 164 Fed. 645, 649.

Notes of Decisions Rendered Since 1909.

A finding without evidence is beyond the power of the Commission, and must be "set aside by a court of competent jurisdiction." Int. Com. Com. v. L. & N. R. Co., 227 U. S. 88, 33 Sup. Ct. 185, cited next preceding section. See also Tang Tun v. Edsell, 223 U. S. 673, 681, 56 L. Ed. 606, 32 Sup. Ct. 359; Low Wah Suey v. Backus, 225 U. S. 460, 468, 56 L. Ed. 1165, 32 Sup. Ct. 734; Zakonite v. Wolf, 226 U. S. 272, 57 L. Ed. 218, 32 Sup. Ct. 31; United States v. B. & O. S. W. R. R., 226 U. S. 14, 57 L. Ed. 104, 33 Sup. Ct. 5; Atlantic C. L. v. North Carolina Corp. Com., 206 U. S. 1, 20, 51 L. Ed. 933, 27 Sup. Ct. 585; Wisconsin, M. P. R. Co. v. Jacobson, 179 U. S. 287, 301, 45 L. Ed. 194, 21 Sup. Ct. 115; Oregon Railroad v. Fairchild, 224 U. S. 510, 56 L. Ed. 863, 32 Sup. Ct. 55; I. C. C. v. Illinois Central, 215 U. S. 452, 470, 54 L. Ed. 280, 30 Sup. Ct. 155; So. Pac. Co. v. Int. Com. Com., 219 U. S. 433, 55 L. Ed. 283, 31 Sup. Ct. 288; Muser v. Magone, 155 U. S. 240, 247, 39 L. Ed. 135, 15 Sup. Ct. 77.

§ 396A. Through Routes and Joint Rates May Be Established by the Commission.-The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon. its own initiative without a complaint, establish through routes, joint classifications, and joint rates, fares, or charges, applicable to the transportation of passengers or property, or the maxima or minima, or maxima and minima, 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 the divisions of such rates, fares, or charges as hereinafter provided, and the terms and conditions under which such through routes shall be operated; and this provision, except as herein otherwise provided, shall apply when one of the carriers is a water line. The Com

mission shall not, however, establish any through route, classification, or practice, or any rate, fare, or charge, between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business, and railroads of a different character; nor shall the Commission have the right to establish any route, classification, or practice, or any rate, fare, or charge when the transportation is wholly by water, and any transportation by water affected by this Act shall be subject to the laws and regulations applicable to transportation by water.

Paragraph 3 section 15 as amended by Transportation Act 1920 section 418. The former section, section 400, 2d Ed., read:

The Commission may also, after hearing, on a complaint or upon its own initiative without complaint establish through routes and joint classifications, and may establish joint rates as the maximum to be charged and may prescribe the division of such rates as herenbefore provided and the terms and conditions under which such through routes shall be operated, whenever the carriers themselves shall have refused or negle cted to establish voluntarily such through routes or joint classifications or joint rates; and this provision shall apply when one of the connecting carriers is a water line. The Commission shall not, however, establish any through route, classification, or rate between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business and railroads of a different character, nor shall the Commission have the right to establish any route, classification, rate, fare, or charge when the transportation is wholly by water, and any transportation by water affected by this act shall be subject to the laws and regulations applicable to transportation by water.

Par. 3 of Sec. 15 as amended by Act June 18, 1910. The old law read:

The Commission may also, after hearing on a complaint, establish through routes and joint rates as the maximum to be charged and prescribe the division of such rates as hereinbefore provided, and the terms and conditions under which

such through routes shall be operated, when that may be necessary to give effect to any provision of this act, and the carriers complained of have refused or neglected to voluntarily establish such through routes and joint rates, provided no reasonable or satisfactory through route exists, and this provision shall apply when one of the connecting carriers is a water line.

Second paragraph of section fifteen added by Act June 29, 1906.

The power conferred by this section did not exist until this amendment was passed. See annotation next preceding section. The proviso to this section prevents new lines from forcing joint traffic arrangements when satisfactory through routes exist. Chicago & M. Elec. R. Co. v. Ill. Cent. R. Co., 13 I. C. C. 20. Through reute established under this section. Pacific Coast Lumber Mfgrs. Asso. v. N. Pac. Ry. Co., 14 I. C. C. 51; Enterprise Fuel Co. v. Penn. R. Co., 16 I. C. C. 219, 220, 222.

Notes of Decisions Rendered Since 1909.

Former and present statutes compared. C. & C. Traction Co. v. B. & O. S. W. R. R. Co., 20 I. C. C. 486. Section quoted and discussed. Brook-Rauch Mill & Elevator Co. v. St. L. I. M. & S. Ry. Co., 21 I. C. C. 651, 654. Statute discussed and decisions under the common law cited. Mobile Chamber of Commerce v. M. & O. R. R. Co., 23 I. C. C. 417, 421. "Railroads of a different character" and "through route" defined. Kansas City v. K. C. V. & T. Ry. Co., 24 I. C. C. 22, 26. The Commission has a discretion under the amendment. Flour City S. S. Co. v. L. V. R. R. Co., 24 I. C. C. 179, 185; Crane Iron Works v. U. S., 209 Fed. 238, Op. Com. Ct. No. 55, p. 453. See Crane R. R. Co. v. P. & R. Ry. Co., 15 I. C. C. 248; Crane Iron Works v. C. R. R. Co. of N. J., 17 I. C. C. 514; Truckers Transfer Co. v. C. & W. C. R. R. Co., 27 I. C. C. 275, 277.

Section cited: Wichita Falls System Joint Coal Rate cases, 26 I. C. C. 215, 222; St. L. & St. P. R. R. Co. v. P. & P. N. Ry. Co., 26 I. C. C. 226, 234; Texas Cement Products Co. v. St. L. & S. F. R. R. Co., 26 I. C. C. 508, 510. Lumber Rates

from Texas, 28 I. C. C. 471, 473; Rates on Lumber and Other Forest Products, 30 I. C. C. 371, 372. No connection ordered with a plant facility. Mfgrs. Ry. Co. v. St. L. I. M. & S. Ry. Co., 28 I. C. C. 93, 120. The grant of this authority contemplates the exercise of judgment. Merchants & Mfgrs. Ass'n v. C. R. R. of N. J., 30 I. C. C. 396. 401, citing cases. The practice of the Commission stated, citing cases. Decatur Navigation Co. v. L. & N. R. R. Co., 31 I. C. C. 281, 287. An order of the Commission made prior to the effective date of the amendment of 1910 cannot be made effective by the courts under that amendment. Omaha & C. B. St. Ry. Co. v. Int. Com. Com., 230 U. S. 324, 57 L. Ed. 1501, 33 Sup. Ct. 890, 46 L. R. A. (N. S.) 385; reversing same styled case, 191 Fed. 40, Opin. Com. Ct. No. 25, p. 147. See further history of this case: West End Improvement Club v. O. C. B. Ry. & Bridge Co., 17 I. C. C. 239; O. & C. B. St. Ry. & Bridge Co. v. I. C. C., 179 Fed. 243. Limitation under former statute discussed. Int. Com. Com. v. N. P. R. Co., 216 U. S. 538, 54 L. Ed. 608, 30 Sup. Ct. 417. See Sec. 338, supra.

Notes of Decisions Rendered Since 1915.

Section does not violate fifth amendment to constitution. Paducah Board of Trade v. I. C. R. Co., 43 I. C. C. 537, 540 and case cited. No through route with street car company. James v. W. & O. D. Ry. Co., 44 I. C. C. 570, 573 and case cited; St. Louis S. W. R. Co. v. United States, 245 U. S. 136, 62 L. Ed. 199, 38 Sup. Ct. 49.

$396B. Limitations on the Power to Prescribe Through Routes. In establishing any such through routes the Commission shall not (except as provided in section 3, and except where one of the carriers is a water line), require any carrier by railroad, without its consent, to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith, which lies between the termini of such proposed through route unless such inclusion of lines would make the through route unreasonably long as compared with another practicable through route which could otherwise be established: