sanctions for nonobservance of such rules, regulations, or practices. NOTE. Comparable provisions, part II, 204 (a) (1); part IV, 403 (b). Sec. 1 Prohibited contracts for protective service. (b) It shall be unlawful for any common carrier by 54 Stat. 901. railroad or express company, subject to this part, to make or enter into any contract, agreement, or arrangement with any person for the furnishing to or on behalf of such carrier or express company of protective service against heat or cold to property transported or to be transported in interstate or foreign commerce, or for any such carrier or express company to continue after April 1, 1941, as a party to any such contract, agreement, or arrangement unless and until such contract, agreement, or arrangement has been submitted to and approved by Approval by the Commission as just, reasonable, and consistent with the public interest: Provided, That if the Commission is unable to make its determination with respect to any such contract, agreement, or arrangement prior to said. date, it may extend it to not later than October 1, 1941. NOTE. The effective date was extended to October 1, 1941: 55th Ann. Rep. of the Commission, p. 34. (15) Whenever the Commission is of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine: (a) to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing Commission. Extension. Power of Com mission when exists. emergency suspension of rules. established directions as to car service; axation of com pensation. Sec. 1 -requirement of joint or common use of terminals. Power of Commission, prescription of terms. -preference, priority, embargoes, and movement under permit. -priority Routing of traffic. Fixation of terms when carriers disagree. 54 Stat. 901. Commission's directions given through agencies. find to be just and reasonable; (c) to require such joint or common use of terminals, including main-line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms as between. the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; and (d) to give directions for preference or priority in transportation, embargoes, or movement of traffic under permits, at such time and for such periods as it may determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President may certify to the Commission that it is essential to the national defense and security that certain traffic shall have preference or priority in transportation, and the Commission shall, under the power herein conferred, direct that such preference or priority be afforded. NOTE. Provisions of this paragraph applicable to freight forwarders, § 420. Preference and expedition of military traffic during war; no embargo in time of peace against shipments for United States, section 6 (8), infra. (16) Whenever the Commission is of opinion that any carrier by railroad subject to this part is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15), make such just and reasonable directions with respect to the handling, routing, and movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable. NOTE. Provisions of this paragraph applicable to freight forwarders, 420. (17) (a) The directions of the Commission as to car service and to the matters referred to in paragraphs (15) and (16) may be made through and by such agents or agencies as the Commission shall designate and appoint for that purpose. It shall be the duty of all carriers by by carriers Sec. 1 railroad subject to this part, and of their officers, agents, Compliance and employees, to obey strictly and conform promptly required. to such orders or directions of the Commission, and in case of failure or refusal on the part of any carrier, receiver, or operating trustee to comply with any such order or direction such carrier, receiver, or trustee shall be liable to a penalty of not less than $100 nor more than Penalty. $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States: Provided, however, That nothing in this part shall impair or affect the right of a State, in the exercise of its police power, to require just and reasonable freight and passenger service for intrastate business, except in so far as such requirement is inconsistent with any lawful order of the Commission made under the provisions of this part and except as otherwise provided in this part. NOTE.-Provisions of this paragraph applicable to freight forwarders, § 420. Saving clauses as to reservation to States of power to regulate intrastate commerce by motor, §§ 202 (b) and 216 (e), and by water, 303 (j); as to State power to tax, § 202 (b). 49 Stat. 543. Preservation of power. State police 72 Stat. 570. 54 Stat. 901. Bribery to influence car distribution. (b) It shall be unlawful for any person to offer or give or cause or procure to be offered or given, directly or indirectly, any money, property, or thing of value, or bribe in any other form whatsoever, to any person acting for or employed by any carrier by railroad subject to this part with intent to influence his decision or action, or because of his decision or action, with respect to the supply, distribution, or movement of cars or other vehicles, or vessels, used in the transportation of property. It shall be unlawful for any person acting for or employed by any carrier by railroad subject to this part to solicit, accept, or receive, directly or indirectly, any money, property, or thing of value, or bribe in any other form whatsoever, with intent to be influenced thereby in his decision or action, or because of his decision or action, with respect to the supply, distribution, or movement of cars or other vehicles, or vessels, used in the transportation of property. Any person who violates the provisions of this subparagraph 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 peni- Penalty. 488902 O-59-2 Solicitation or unlawful. acceptance, Sec. 1 Certificate of convenience and necessity. when required. 49 Stat. 543. No abandonment of line without certificate from Commission. 54 Stat. 902. 43 Stat. 8. Joint ownership or use, terminal tracks, exemption. 43 Stat. 8. Additional approaches, etc.. in East St. Louis, Ill. tentiary for a term of not more than two years, or both such fine and imprisonment. NOTE.-Provisions of this paragraph applicable to freight forwarders, 420. (18) After ninety days after this paragraph takes effect no carrier by railroad subject to this part shall undertake the extension of its line of railroad, or the construction of a new line of railroad, or shall acquire or operate any line of railroad, or extension thereof, or shall engage in transportation under this part over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line of railroad, and no carrier by railroad subject to this part shall abandon all or any portion of a line of railroad, or the operation thereof, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity permit of such abandonment. 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. NOTE.-Certificates of convenience and necessity, common carriers, by motor vehicle, §§ 206-208; by water, 309 (a)-(e); permits for contract carriers, by motor vehicle, § 209; by water, § 309 (f), (g); dual operation as common and contract carrier, by motor vehicle, § 210; by water, § 310. Suspension, change, revocation, etc., of certificates or permits, under part II, § 212. Transfer of certificate or permit, under part II, § 212 (b); part III, § 312. Permits, and abandonments of service, freight forwarders, § 410. Approval of abandonment, lines of railroads undergoing reorganization, Bankruptcy Act, § 77 (o) (11 U. S. C. § 205 (0)). Discontinuance or change in certain operations, § 13a, infra. The following provision is contained in the St. Louis Municipal Bridge Act, approved February 13, 1924: "That the right to alter, amend, or repeal this Act is hereby expressly reserved: Provided, That the city of St. Louis may construct approaches, additions, or extensions, in addition to those now existing, connecting said bridge with any railroad or highway within or through the city of East St. Louis, Illinois; but before constructing such approaches, additions, or extensions the location Sec. 1 thereof shall first have been approved by, and a certificate of public convenience and necessity therefor shall first have been obtained from, the Interstate Commerce Commission. Full jurisdiction and authority to consider and determine such questions is hereby conferred upon the Interstate Commerce Commission, in the same manner and to the same extent as in the case of other proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act." Subject to approval of Interstate Commerce Commission. Procedure upon application for (19) The application for and issuance of any such certificate shall be under such rules and regulations as to hearings and other matters as the Commission may from time to time prescribe, and the provisions of this part shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with Notice. the governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with the right to be heard as hereinafter provided with respect Right to be to the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in each county in or through which said line of railroad is constructed or operates. NOTE-Applications for certificates, etc., under parts II, III, and IV, see note to par. (18), supra. heard. be refused, or issued as prayed for Terms and conditions at tached to issuance. (20) The Commission shall have power to issue such certificate as prayed for, or to refuse to issue it, or to Certificate may issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partially. partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. From and after issuance of such certificate, and not before, the carrier by railroad may, without securing approval other than such certificate, Other approval comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covered thereby. Any construction, operation, or abandonment contrary to the provisions of this paragraph or of paragraph (18) or (19) of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regu unnecessary. Injunction thorized conoperation, or against unau struction, |