Sec. 1 permits for contract carriers, by motor vehicle, § 209; by water, § 309 (f), (g); dual operation as common and contract carrier, by motor vehicle, § 210; by water, § 310. Suspension, change, revocation, etc., of certificates or permits, under part II, § 212. Transfer of certificate or permit, under part II, § 212 (b); part III, § 312. Permits, and abandonments of service, freight forwarders, § 410. Approval of abandonment, lines of railroads undergoing reorganization, Bankruptcy Act, § 77 (o) (11 U. S. C., § 205 (0)). The following provision is contained in the St. Louis Municipal Bridge Act, approved February 13, 1924: Additional etc., in East approaches. St. Louis, Ill. "That the right to alter, amend, or repeal this Act is hereby expressly reserved: Provided, That the city of St. Louis may con- 43 Stat. 8. struct approaches, additions, or extensions, in addition to those now existing, connecting said bridge with any railroad or highway within or through the city of East St. Louis, Illinois; but before constructing such approaches, additions, or extensions the location thereof shall first have been approved by, and a certificate of public convenience and necessity therefor shall first have been obtained from, the Interstate Commerce Commission. Full jurisdiction and authority to consider and determine such questions is hereby conferred upon the Interstate Commerce Commission, in the same manner and to the same extent as in the case of other proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act." Subject to apstate Commerce proval of InterCommission. Procedure upon certificate. application for 49 Stat. 543. (19) The application for and issuance of any such certificate shall be under such rules and regulations as to hearings and other matters as the Commission may from time to time prescribe, and the provisions of this part shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with Notice. the governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with the right to be heard as hereinafter provided with respect Right to be to the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in each county in or through which said line of railroad is constructed or operates. NOTE. Applications for certificates, etc., under parts II, III, and IV, see note to par. (18), supra. heard. Sec. 1 be refused, or issued as prayed for partially. Terms and conditions attached to issuance. unnecessary. (20) The Commission shall have power to issue such Certificate may certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. From and after issuance of such certificate, and not before, the carrier by railroad may, Other approval without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covered thereby. Any construction, operation, or abandonment contrary to the provisions of this paragraph or of paragraph (18) or (19) of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. Injunction against unauthorized construction, operation, or abandonment. Penalty. Commission may require provision of facilities for car service. Extension of lines. Prerequisite finding as to convenience, necessity, and ability. NOTE.-Applications for certificates, etc., under parts II and III, see references, note to par. (18), supra. Comparable provisions, enforcement and penalties, part II, § 222 (a), (b); part III, § 316 (b) and § 317 (a); part IV, §§ 410 (i), 417 (b), 421 (a). per (21) The Commission may, after hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier by railroad subject to this part, party to such proceeding, to provide itself with safe and adequate facilities for forming as a common carrier its car service as that term is used in this part, and to extend its line or lines: Provided, That no such authorization or order shall be made unless the Commission finds, as to such extension, that it' is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Secs. 1-2 When certifi cate not required. (22) The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located wholly within one State, or of street, suburban, or inter-. urban electric railways, which are not operated as a part or parts of a general steam railroad system of trans- trle railways portation. NOTE.-The addition of paragraphs (23) and (24) to § 1, by amendment of August 10, 1917, effective during the First World War, became noneffective by Joint Resolution of March 3, 1921. 41 Stat. 1359. SPECIAL RATES AND REBATES PROHIBITED SEC. 2. [As amended February 28, 1920, June 19, 1934, and August 9, 1935.] [49 U. S. C., § 2.] That if any common carrier subject to the provisions of this part shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this part, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. NOTE.-See also Elkins Act, infra. Comparable provisions, as to prohibition of unjust discrimination, under part II, § 216 (d); part III, § 305 (c); part IV, § 404 (b); as to rebating, under part II, § 217 (b); part III, § 306 (c); part IV, § 405 (c), infra. Independently operated electric excepted. 24 Stat. 379. 41 Stat. 479. 48 Stat. 1102. 49 Stat. 543. Unjust discrim and prohibited. ination defined -rebates and devices. Sec. 3 24 Stat. 380. 41 Stat. 479. 44 Stat. 1447. 49 Stat. 543. 49 Stat. 607. 54 Stat. 902. 63 Stat. 485. Undue or unreasonable preference or advantage, forbidden. -not applica- 54 Stat. 902. Export rates. farm commodities policy. Investigations and orders to carry out policy. U. S. Code, title 49, § 3, note. 54 Stat. 902. Investigation of inter- and rates. PREFERENCES; INTERCHANGE OF TRAFFIC; TERMINAL FACILITIES SEC. 3. [As amended February 28, 1920, March 4, 1927, August 9, 1935, August 12, 1935, September 18, 1940, August 2, 1949.] [49 U. S. C., § 3.] (1) It shall be unlawful for any common carrier subject to the provisions of this part to make, give, or cause any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic, in any respect whatsoever; or to subject any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever: Provided, however, That this paragraph shall not be construed to apply to discrimination, prejudice, or disadvantage to the traffic of any other carrier of whatever description. NOTE. Comparable provisions, part II, § 216 (d); part III, § 305 (c); part IV, § 404 (b), (c). (1a) It is hereby declared to be the policy of Congress that shippers of wheat, cotton, and all other farm commodities for export shall be granted export rates on the same principles as are applicable in the case of rates on industrial products for export. The Commission is hereby directed, on its own initiative or an application by interested persons, to make such investigations and conduct such hearings, and, after appropriate proceedings, to issue such orders, as may be necessary to carry out such policy. NOTE. The following provision constitutes § 5 (b) of Transportation Act of 1940, approved September 18, 1940. It is not in terms an amendment of the Interstate Commerce Act, and is inserted here as enacted: "(b) The Interstate Commerce Commission is authorized and directed to institute an investigation into the rates on manuintra-territorial factured products, agricultural commodities, and raw materials, between points in one classification territory and points in another such territory, and into like rates within any of such territories, maintained by common carriers by rail or water subject to part I of the Interstate Commerce Act, as amended, for the purpose of determining whether said rates are unjust and unreasonable or unlawful in any other respect in and of themselves or in their relation to each other, and to enter such orders as may be appropriate for the removal of any unlawfulness which may be found to exist: Provided, That the Commission in its discretion may confine its investigation to such manufactured products, agricultural commodities, and raw materials, and the rates thereon as shippers thereof may specifically request be included in such investigation." Compare, National Transportation Policy, supra, and HochSmith Resolution, infra. Sec. 3 -confined to commodities and rates 63 Stat. 485. company, not freight until rules as to scribed by State, or governments or agencies. Nonliability of consignee when agent has no beneficial title in shipment. (2) No carrier by railroad and no express company 49 Stat. 543. subject to the provisions of this part shall deliver or re- Carrier, express linquish possession at destination of any freight or ex- to deliver press shipment transported by it until all tariff rates and charges paid. charges thereon have been paid, except under such rules Exception, and regulations as the Commission may from time to credit pretime prescribe to govern the settlement of all such rates Commission. and charges and to prevent unjust discrimination: Pro-Federal, vided, That the provisions of this paragraph shall not be municipal construed to prohibit any carrier or express company from extending credit in connection with rates and charges on freight or express shipments transported for the United States, for any department, bureau, or agency thereof, or for any State or Territory or political subdivision thereof, or for the District of Columbia. Where carriers by railroad are instructed by a shipper or consignor to deliver property transported by such carriers to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and has no beneficial title in the property, and (b) prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of a shipment reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner of the property. In such cases the shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner, shall be liable for such additional charges, irrespective of any provisions to the contrary in the bill Reconsigned shipments. beneficial Liability of |