Page:United States Statutes at Large Volume 36 Part 1.djvu/575

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SIXTY·FIRST CONGRESS. Sess. II. Ch. 309. 1910. 55]. " Said commission shall, in like manner and with the same authority ve§Q,‘§§%g,p*{;,;’; and powers, investigate any complaint forwarded b the railroad bY stm commisicn. commissioner or railroad commission of any State or Tyerritory at the °' °°"s °w° m°°°"’ request of such commissioner or commission, and the Interstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its own motion, m any case and as to any matter or thing concerning which a complaint IS authorized to be made, to or before said commission by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. And the said commission shall have the same d,_}§_s¤‘°’°°m°¤* °* °*· powers and authority to proceed with any in uiry instituted on its ` own motion as though it had been appealed to by com laint or petition under any of the provisions of this Act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the ayment of money. No complaint shall at any time be dis- neQ;;;;yd¤¤¤¤8¢ ¤<>* missed lliecause of the absence of direct damage to the complainant? ` Sec. 12. That section fifteen of said Act to regulate commerce, as §,’¤<{¤¤£<>¤¤~884_ V I heretofore amended, is hereby now amended so as to read as follows: a4,;ii5as,&¤i{e¤uéa.°` "SEo. 15. That whenever, after full hearing upon a complaint t Commisgjon hw demade as provided in section thirteen of this Act, or after full hearing ¤i§E§..aO¤§ °Zi€°i§ under an order for investigation and hearing made b the commission Q§§,‘,i”§;gf· d‘“°"‘m*”‘ on its own initiative (either in extension of any pendin com laint or Auk. p- 550- without any complaint whatever), the commission shall be of opinion that an individual or joint rates or charges whatsoever demanded, charged? or collected by any common carrier or carriers subject to the provisions of this Act for the transportation of persons or property or for the transmission of mess s by telegraph or tele hone as defined in the first section of this?:t, or that any individuali or joint classifications, regulations, or practices whatsoever of such carrier or carriers sub`ect to the provisions of this Act areunjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial or otherwise in violation of any of the provisions of this Act, the ¤.`fi:i¤°°¤(.i$rI$Z`·i°i° commission is hereby authorized and emgipwered to determine and prescribe what will be the just and reasona le individual or joint rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged, and what individual or joint classification, re lation, or practice is just, fair, and reasonab e, to be thereafter fogldwed, and to make an order that the carrier or carriers shall O"’°”*° °*"*°”· cease and desist from such violation to the extent to which the commission iinds the same to exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation or transmission in excess of the maximum rate or charge so prescribed, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed. All orders of the commis- or'gglgi¤s cfm vi sion, except orders for the lpayment of money, shall take effect within " such reasonable time, not ess than thirty days, and shall continue in €¤¤¤¤¤¤¤¢<=- force for such eriod of time, not exceeding two years, as shall be prescribed in t£e 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. Whenever . e*QP°’“°¤m°’“ of . . . . . . join rates, etc. by the carr1er or carriers, in obedience to such order of the commission Commimion on anor otherwise, in respect to joint rates, fares, or charges, shall fail to §§§,ZQ._”g”°m°°° by agree among themselves upon the apportionment or division thereof the commission may, after hearing, make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto, which order shall take effect as a part of the original order.