Page:United States Statutes at Large Volume 36 Part 1.djvu/576

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552 SIXTY-FIRST CONGRESS. Sess. II. Ch. 309. 1910. ,§;_'e’,‘;*°S·°l*“*“°* "Whenever there shall be filed with the commission any schedule Gvmmiésion to do- stating a new individual or joint rate, fare, or charge, or any new °°mj°° °”°’”i°°’M‘ individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission c I shall have, and it is hereby given, authority, either upon comfplaint or upon its own initiative without complaint, at once, and i it so orders, without answer or other formal pleading by the interested ,4 carrier or carriers, but upon reasonable notice, to enter upon a hearing ` concerning the propriety of such rate, fare, charge, classification, c1§,¤,:;P¤¤¤i¤¤ ¤¤md*~* regulation, or practice; and pending such hearing and the decision ` thereon the commission u on tiling with such schedule and delivermg to the carrier or carriers agected thereby a statement in writing of its reasons for such suspension may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or dpractice, but not fora longer period than one hundred and twenty ays beyond the time w en such rate, fare, charge, classification, regulation,or practice would otherwise go into effect; m};i¤¤i d¤¢¤¤=i¤¤· and after full hearing, whet er completed before or after the rate, ` fare, charge, classification, regulation, or ractice goes into effect, the commission may make suc order in regerence to such rate, fare, ` charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, ,i1";>t;*:i°¤ of m regulation, or practice had become effective: Provided, That if any pension. such hearing can not be concluded withm the period of suspension,as above stated, the Interstate Commerce Commission ma , in its discretion, exten; the lime of sipspension fop a further period7 not exceed- Kem? ¤¤ ¤¢¤¤ six mont . t an earin invo a rate increased after ?·y1,1910.dm°J.nu‘ agiiuary first, nineteen lhxndred gud tenlliixg of a rate sou ht to be increased after the passage of this Act, the burden of proc? to show that the increased rate or proposed increased rate is just and reasonable shall be upon the common carrier, and the commission shall give to the hearing and decision of such questions preference over _ all othegpuestions pending before it and decide the same as speedily as possi e. <><>¤¤¤¤L¤¤¥¤¤ ¤¤¤ ‘ The commission may also, after hearin on a com laint or u on §¤;€£»§)£:;Zilat;h§i§:§ii its own initiative without complaint, estggilish through routes End m__,,,,;,,,,,{g ,,,c;‘Q; Joint classifications, and may establish joint rates as the maximum rim- to be charged and may prescribe the division of such rates as hereinbefore provided and the terms and conditions under which such through routes shall be operated, whenever the carriers themselves shall averefused or neglected to establish voluntarily such through mggggi wnnevtion routes or joint classifications or joint rates; and this provision shall nieemé roads not apply_when one of the connecting carriers is a water line. The §‘;f,',{,Q{f¥ "'°‘8*“ °"‘ 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 u;§¤e;i{u$e¤gnSv¤m- character, nor shall the commission have the right to establish any 4 route, classification, rate, fare, or charge when the transportation IS wholly by water_, and any transportation by water affected by this Aclttstrall ge subgect to the laws and regulations applicable to transpo a ion ywa er. _ pggggcgsgntgggggggg ·‘And in establishing such_ through route, the commission shall ermnmua. not require any company, Without IFS 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 Exception. termini of such pI‘0pOSBd tl’1I‘OUil1 l‘0Ul56, unless to do so wguld makg such through route unreasona ly long as compared with another practicable through route which could otherwise be established.