Page:United States Statutes at Large Volume 54 Part 1.djvu/936

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 Penalty. 41 Stat. 477. 49 U.S. C .I §1 (18). Spur, etc., tracks. Post, p. 905. 41 Stat. 479. 49U. . c. §3(1); Supp. V, § 3. Ante, p. 899. Undue preference. Undue disadvan- tage. Proviso. Construction of par- agraph, restriction. Export rates on farm commodities. Rate Investigations. Ante, p. 899. Proviso. Scope of investiga- tion. 41 Stat. 479. 49U.S.0. 3(2). Reconsignments, etc.; liability of bene- ficial owner. of property. Any person who violates the provisions of this sub- paragraph shall be deemed guilty of a misdemeanor and be subject for each offense to a fine of not more than $1,000, or imprisonment in the penitentiary for a term of not more than two years, or both such fine and imprisonment." (c) Paragraph (18) of such section 1 is amended by adding at the end thereof a new sentence as follows: "Nothing in this paragraph or in section 5 shall be considered to prohibit the making of contracts between carriers by railroad subject to this part, without the approval of the Commission, for the joint ownership or joint use of spur, industrial, team, switching, or side tracks." AMENDMENTS TO SECTION 3 SEC. 5 . (a) Paragraph (1) of section 3 of the Interstate Com- merce Act, as amended (which prohibits the giving of undue or unreasonable preferences or advantages by carriers subject to part I), is amended to read as follows: "(1) It shall be unlawful for any common carrier subject to the provisions of this part to make, give, or cause any undue or unreason- able 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 dis- advantage 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. "(la) It is hereby declared to be the policy of Congress that ship- pers 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 Com- mission 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." (b) The Interstate Commerce Commission is authorized and directed to institute an investigation into the rates on manufactured 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. (c) Paragraph (2) of such section 3 (which requires payment of charges prior to delivery of freight, and prescribes certain rules of liability for payment of charges), is amended by adding at the end the following sentences: "On shipments reconsigned or diverted by an agent who has furnished the carrier in the reconsignment or [54 STAT.