Page:United States Statutes at Large Volume 54 Part 1.djvu/946

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PUBLIC LAWS-CH. 722-SEPT. 18, 1940 Proviso. Preference to carrier originating traffic. Financial considera- tions. Temporary through routes in emergencies. 41 Stat. 487. 49U.S.C.§15(7). Burden of proof on change of rates, rules, etc. 41 Stat. 488 . 49 U.S.C. 15(13). Allowances for serv- ices rendered. 41 Stat. 488 . 49U.S. C. 15a (2). Ante, p. 899. Rate-making policy. 41 Stat. 491. 49 U.S. C. §16; Supp. V, 16 (note). Orders of Commis sion. 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, (a) unless such inclusion of lines would make the through route unrea- sonably long as compared with another practicable through route which could otherwise be established, or (b) unless the Commission finds that the through route proposed to be established is needed in order to provide adequate, and more efficient or more economic, transportation: Provided, however, That in prescribing through routes the Commission shall, so far as is consistent with the public interest, and subject to the foregoing limitations in clauses (a) and (b), give reasonable preference to the carrier by railroad which originates the traffic. No through route and joint rates applicable thereto shall be established by the Commission for the purpose of assisting any carrier that would participate therein to meet its finan- cial needs. In time of shortage of equipment, congestion of traffic, or other emergency declared by the Commission, it may (either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleadings by the inter- ested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may deter- mine) establish temporarily such through routes as in its opinion are necessary or desirable in the public interest." (c) The last sentence of paragraph (7) of such section 15 is amended to read as follows: "At any hearing involving a change in a rate, fare, charge, or classifi- cation, or in a rule, regulation, or practice, after the date this amenda- tory provision takes effect, the burden of proof shall be upon the carrier to show that the proposed changed rate, fare, charge, classifi- cation, rule, regulation, or practice is just and reasonable, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible." (d) Paragraph (13) of such section 15 (which relates to allowances to owners of property for services rendered to carriers in connection with transportation) is amended by inserting after "the charge and allowance therefor shall be", the following: 'published in tariffs or schedules filed in the manner provided in this part and shall be". (e) Paragraph (2) of section 15a of the Interstate Commerce Act, as amended (which contains the rule of rate making for part I), is amended to read as follows: "(2) In the exercise of its power to prescribe just and reasonable rates the Commission shall give due consideration, among other factors, to the effect of rates on the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient railway transportation serv- ice at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable the carriers, under honest, economical, and efficient management to provide such service." AMENDMENTS TO SECTION 16 SEC. 11 . (a) Section 16 of the Interstate Commerce Act, as amended (which relates to orders of the Commission and enforcement thereof), is amended- (1) by striking out in paragraph (2) thereof the word "circuit" before ' court" wherever it appears and substituting in lieu thereof the word district"; by striking out the word "petition" in the [54 STAT.