Page:United States Statutes at Large Volume 54 Part 1.djvu/971

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18 , 1940 conditions. Such notice shall plainly state the new rate or charge, or the change proposed to be made, and the time when it will take effect. It shall be unlawful for any such carrier to transport passengers or property or to furnish facilities or services in connection therewith for a less compensation, either directly or by means of a change in the terms and conditions of any contract, charter, agreement, or under- taking, than the rates or charges so filed with the Commission: Pro- vided, That the Commission, in its discretion and for good cause shown, either upon application of any such carrier or carriers, or any class or group thereof, or upon its own initiative may, after hearing, grant relief from the provisions of this subsection to such extent, and for such time, and in such manner as, in its judgment, is consistent with the public interest and the national transportation policy declared in this Act. "C OMMISSION'S ATHORITr OVER RATES, AND 60 FORTH "SEO. 307. (a) Any person may make complaint in writing to the Commission that any individual or joint rate, fare, charge, classifica- tion, regulation, or practice of any common carrier by water or any contract carrier by water is or will be in violation of this part. Every complaint shall state fully the facts complained of and the reasons for such complaint and shall be made under oath. "(b) Whenever, after hearing, upon complaint or in an investiga- tion on its own initiative, the Commission shall be of opinion that any individual or joint rate, fare, or charge demanded, charged, or collected by any common carrier or carriers by water for transportation subject to this part, or any regulation, practice, or classification of such carrier or carriers relating to such transportation, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential or prejudicial, or otherwise in violation of any provision of this part, it may determine and prescribe the lawful rate, fare, or charge or the maximum or minimum, or maximum and minimum rate, fare, or charge thereafter to be observed, or the lawful regulation, practice, or classification thereafter to be made effective. "(c) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier by water there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier either goodwill, earning power, or the certificate under which such carrier is operat- ing; and in applying for and receiving a certificate under this part any such carrer shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of such certificate. "(d) The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon its own initiative without a complaint, estab- lish through routes, joint classifications, and joint rates, fares, or charges, applicable to the transportation of passengers or property by common carriers by water, or by such carriers and carriers by rail- road, or the maxima or minima, or maxima and minima, to be charged, and the divisions of such rates, fares, or charges as herein- after provided, and the terms and conditions under which such through routes shall be operated. In the case of a through route, where one of the carriers is a common carrier by water, the Commis- sion shall prescribe such reasonable differentials as it may find to be justified between all-rail rates and the joint rates in connection with such common carrier by water. The Commission shall not, however, establish any through route, classification, or practice, or any rate, fare, or charge, between street electric passenger railways not 937 Rates, etc., below schedule. Provso. Exemption for good cause shown. Complaints. Adjustment author- ized. Inadmissible evi- dence, etc. Establishment of through routes, joint rates, etc. Differentials. Street railways ex- cluded.