Secs. 500-3 with municipal switches connecting with such terminals, with a view to devising the types most appropriate for different locations, and for the more expeditious and economical transfer or interchange of passengers or property between carriers by water and carriers by rail; to advise with communities, cities, and towns regarding the appropriate location of such terminals, and to cooperate with them Cooperation in the preparation of plans for suitable terminal facil- governments. ities; to investigate the existing status of water transportation upon the different inland waterways of the country, with a view to determining whether such water- Investigation. ways are being utilized to the extent of their capacity, and to what extent they are meeting the demands of traffic, and whether the water carriers utilizing such waterways are interchanging traffic with the railroads; Interchange and to investigate any other matter that may tend to roads." promote and encourage inland water transportation. It shall also be the province and duty of the Secretary of War to compile, publish, and distribute, from time to time, such useful statistics, data, and information concerning transportation on inland waterways as he may deem to be of value to the commercial interests of the country. 1 with rail The words "inland waterway" as used in this section Great Lakes shall be construed to include the Great Lakes. included. 43 Stat. 361. 45 Stat. 978. 48 Stat. 968. 49 Stat. 958. 54 Stat. 950. SEC. 3. [June 3, 1924, May 29, 1928, June 16, 1934, August 29, 1935, September 18, 1940.]. [49 U. S. C., § 153.] (a) Until otherwise directed by Congress, the corporation shall continue the operation of the transportation and terminal facilities now being operated by or under the direction of the 1 Secretary of War under section 201 of the Transportation Act, 1920, as amended, and shall continue to operate the facilities now being operated or that may hereafter be operated by it under the provisions of this Act; and shall, as soon as there is an improved channel sufficient to permit the same, initiate and continue the water carriage heretofore authorized by law upon the Mississippi River above Saint Louis. (b) When the improvement of any tributary or connecting waterway of the Mississippi River, not includ- 45 Stat. 979. 1 The Secretary of War should be read "the Secretary of Commerce"; Reorganization Plan No. II, sec. 6, 53 Stat. 1434. Water car ringe on the River above Mississippi St. Louis. Sec. 3 Extension of service, when corporation has suitable facilities available. 45 Stat. 979. Policy of Congress. Joint rail and water service. Filing of tariff's with Commission. Other than Corporation operation and facilities. 45 Stat. 979. 1 ing the Ohio River, shall have been completed or advanced to the point where within two years thereafter there will have been substantially completed a sufficient and dependable channel for the safe operation of suitable barges and towboats thereon; and when the Chief of Engineers of the United States Army shall certify that fact to the Secretary of War, the Secretary of War shall thereupon cause a survey of such tributary or connecting waterway to be made for the purpose of ascertaining the amount of traffic, the terminal facilities, and the through routes and joint tariff arrangements with connecting carriers, that are or will, within such years, probably be available on such tributary or connecting waterway. As soon thereafter as such survey shall have been completed and a sufficient and dependable channel for the safe operation of suitable barges and towboats shall have been substantially completed, the Secretary of War may, if he finds from such survey that water transportation can, in the public interest, be successfully operated on such tributary or connecting waterway, extend the service of the Inland Waterways Corporation thereon as soon as the corporation shall have suitable facilities available therefor. 1 (c) It is hereby declared to be the policy of Congress to continue the transportation services of the corporation until (1) there shall have been completed in the rivers where the corporation operates, navigable channels, as authorized by Congress, adequate for reasonably dependable and regular transportation service thereon; (2) terminal facilities shall have been provided on such rivers reasonably adequate for joint rail and water service; (3) there shall have been published and filed under the provisions of the Interstate Commerce Act, as amended, such joint tariffs with rail carriers as shall make generally available the privileges of joint rail and water transportation upon terms reasonably. fair to both rail and water carriers; and (4) private persons, companies, or corporations engage, or are ready and willing to engage in common-carrier service on such rivers. (d) When the1 Secretary of War shall find that navigable channels and adequate terminals are substantially 1 The Secretary of War should read "the Secretary of Commerce"; Reorganization Plan No. II, sec. 6, 53 Stat. 1434. Sec. 3 1 1 Lease, sale, of facilities, by nated. available as provided in paragraph (c) of this section, and when the Interstate Commerce Commission shall report to the 1 Secretary of War that joint tariffs with rail carriers have been published and filed as provided in said paragraph, the Secretary of War is hereby authorized to lease for operation under private management, or to sell to private persons, companies, or corporations, the transportation facilities, or any unit thereof, belonging to the corporation: Provided, That for the purpose of this paragraph the facilities of the corporation on the Mississippi River and its tributaries shall be considered one unit, and those on the Warrior Units desigRiver and its tributaries as one unit: Provided further, That the facilities of the corporation shall not be sold or leased (1) to any carrier by rail or to any person or company directly or indirectly connected with any carrier by rail; or (2) to any person, company, or corporation who shall not give satisfactory assurance and agree, as part of the consideration for such sale or lease, that the facilities so sold or leased will be continued in the common-carrier service in a manner substantially similar to the service rendered by the corporation, together with ample security by bond or otherwise to insure the faithful performance of such agreement; or (3) until the same has been appraised and the fair value thereof ascertained and reported to the President by the Interstate Commerce Commission, and the sale or lease thereof has been approved by the President. (e) Repealed, as of October 1, 1940, by act of September 18, 1940, sec. 320 (e) of part III of the Interstate Commerce Act, supra. NOTE.-Paragraph (e) of sec. 3 (sec. 153 U. S. Code), repealed, provided for application to the Commission for certificate to authorize operation in common carrier service on the rivers specified therein, the Commission to direct all connecting common carriers to join with such water carriers in establishing through routes and joint rates. Certificates are now issued to water common carriers under § 309 (a), (c), Interstate Commerce Act. Sale, lease, to Terms, condior lease. tions, of sale 54 Stat. 950. 43 Stat. 361. (f) The operation of the transportation and terminal facilities under this Act shall be subject to the provisions of the Interstate Commerce Act, as amended, and 45 Stat. 981. 1 The Secretary of War should be read "the Secretary of Commerce"; Reorganization Plan No. II, sec. 6, 53 Stat. 1434. Sec. 1003 Operations subject to Interstate Commerce and Shipping Acts. to the provisions of the Shipping Act, 1916, as amended, in the same manner and to the same extent as if such facilities were privately owned and operated; and all vessels of the corporation operated and employed solely as merchant vessels shall be subject to all other laws, regulations, and liabilities governing merchant vessels. NOTE.-Comparable provision, as to carrier owned or controlled by the United States, part III, § 303 (i) Interstate Commerce Act; Merchant Marine Act, § 19 (c) (4), 46 U. S. C., § 876. Repeal of portions of the Shipping Act, 1916, see part III, Interstate Commerce Act, § 320 (a), (b) (3), (4) (c), supra. CIVIL AERONAUTICS ACT OF 1938 JOINT BOARDS 62 Stat. 1020. 54 Stat. 1235. Apr. 11,1940, Reorg. Plan No. IV. Chairman to designate members. 61 Stat. 743. 56 Stat. 300 Through service. Just and reasonable rates. DESIGNATION OF BOARDS SEC. 1003. June 23, 1938, May 16, 1942, August 4, 1947.] [49 U. S. C., § 643.] (a) The [Civil Aeronautics] Board and the Interstate Commerce Commission shall direct their respective chairmen to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection (c) of this section. (b) Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers; except that with respect to transportation of property, air carriers not directly engaged in the operation of aircraft in air transportation (other than companies engaged in the air express business) may not establish joint rates or charges, under the provisions of this subsection, with common carriers subject to the Interstate Commerce Act. In case of through service by air carriers and common carriers subject to the Interstate Commerce Act, it shall be the duty of the carriers parties thereto to establish just and reasonable rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such rates, fares, or charges, or the value of the service thereunder, and if joint rates, fares, or charges shall have been established with respect to such through service, Sec. 1003 just, reasonable, and equitable divisions of such joint Divisions. rates, fares, or charges as between the carriers participating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act, which is participating in such through service and joint rates, Rates shown fares, or charges, shall include in its tariffs, filed with filed. the Civil Aeronautics Board or the Interstate Commerce Commission, as the case may be, a statement showing such through service and joint rates, fares, or charges. JURISDICTION OF BOARDS Reference of complaints to joint board (c) Matters relating to such through service and joint rates, fares, or charges may be referred by the Board or the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a). Complaints may be made to the -matters initiated by Interstate Commerce Commission or the Board with Board or Comrespect to any matter which may be referred to a joint board under this subsection. POWER OF BOARDS mission. Notice; Finding of un discrimination, or prejudice. (d) With respect to matters referred to any joint board as provided in subsection (c), if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, un- reasonableness, justly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or Divisions. charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the same action with respect thereto as the Board is em- Action taken powered to take with respect to any joint rate, fare, or charge, between air carriers, or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder. by joint board. JUDICIAL ENFORCEMENT AND REVIEW (e) Orders of the joint boards shall be enforceable and reviewable as provided in this Act with respect to orders of the Board. Enforcement, orders. review of |