Secs. 12-13 Subscription to deposition. eign country. the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. NOTE. See note to par. (4), supra. (6) If a witness whose testimony may be desired to be Witness in for- taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission. Depositions filed with Commission. and magis trates. NOTE. See note to par. (4), supra. (7) Witnesses whose depositions are taken pursuant to Fees, witnesses this part, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. NOTE. See note to par. (4), supra. 24 Stat. 383. 36 Stat. 550. 41 Stat. 484. 49 Stat. 543. 54 Stat. 911. Complaints to Commission, how and by whom made. Service. Answer required. COMPLAINTS TO AND INVESTIGATIONS BY COMMISSION SEC. 13. [As amended June 18, 1910, February 28, 1920, August 9, 1935, September 18, 1940.] [49 U. S. C., § 13.] (1) That any person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization, or any body politic or municipal organization, or any common carrier, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this part, in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been done, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. NOTE. AS to the right of certain governmental agencies to complain or be heard, see § 402 (e) (v), following § 1 (15), and Department of Agriculture, §§ 201, 203, Title 7, infra. Hearings, adjudication, rule making, appearances, etc., governed by Administrative Procedure Act, §§ 1-12, Title 5, infra. Comparable provisions as to complaints, part II, §§ 204 (c), 216 (e), 218 (b); part III, §§ 304 (e), 307 (a), (h): part IV, §§ 403 (f), 406 (a). (2) Said Commission shall, in like manner and with the same authority and powers, investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory at the request of such commissioner or commission, and the Interstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before said Commission by any provision of this part, or concerning which any question may arise under any of the provisions of this part, or relating to the enforcement of any of the provisions of this part. And the said Commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this part, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. Representatives of State commissions sitting with the Commission, under the provisions of this section, in cases pending before the Commission, shall receive such allowances for travel and subsistence expense as the Commission shall provide. NOTE. Comparable provisions, investigations on Commission's own motion, § 5 (7), § 15 (1); part II, § 204 (c), § 216 (e), (f); part III, § 304 (e), § 307 (b); part IV, § 403 (f), § 406 (b), (e), § 411 (d). Sec. 13 Investigation not satisfied, or when complaint grounds appear. Complaints by commission. State railroad Investigations ston's own on Commis motion. Procedure and complaint. order as upon Complainant's terial. interest imma 54 Stat. 911. Sec. 13 41 Stat. 484. rates of State, or initiated by President, attacked. cooperation with State authorities. 54 Stat. 911. (3) Whenever in any investigation under the provisions of this part, or in any investigation instituted upon petition of the carrier concerned, which petition is hereby authorized to be filed, there shall be brought in issue any rate, fare, charge, classification, regulation, Procedure when or practice, made or imposed by authority of any State, or initiated by the President during the period of Federal control, the Commission, before proceeding to hear and dispose of such issue, shall cause the State or States Conference and interested to be notified of the proceeding. The Commission may confer with the authorities of any State having regulatory jurisdiction over the class of persons and corporations subject to this part or part III with respect to the relationship between rate structures and practices of carriers subject to the jurisdiction of such State bodies and of the Commission; and to that end is authorized and empowered, under rules to be prescribed by it, and which may be modified from time to time, to hold joint hearings with any such State regulating bodies on any matters wherein the Commission is empowered to act and where the rate-making authority of a State is or may be affected by the action taken by the Commission. The Commission is also authorized to avail itself of the cooperation, services, records, and facilities of such State authorities in the enforcement of any provision of this part or part III. 41 Stat. 484. Preference or prejudice, or against interstate or foreign commerce. NOTE. Comparable provisions, part II: joint hearings, cooperation, etc., with States, § 205 (f); part IV, § 406 (f); saving clause as to intrastate rates, etc., § 216 (e). Saving clause as to intrastate commerce, part III, § 303 (k). (4) Whenever in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or discrimination prejudice as between persons or localities in intrastate commerce on the one hand and interstate or foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce, which is hereby forbidden and declared to be unlawful, it shall prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed, in such Commission to prescribe lawful rate, classification, regulation, or practice. Secs. 13-14 manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination. Such rates, fares, charges, classifications, regulations, and practices shall be observed while in effect by the carriers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. NOTE. Comparable provisions, part IV, § 406 (f). Saving clause as to intrastate commerce, part II, § 216 (e); part III, § 303 (k). REPORTS AND DECISIONS OF COMMISSION 24 Stat. 384. 34 Stat. 589. Commission to 25 Stat. 859. 41 Stat. 484. make report, with conclu sions and order. SEC. 14. [Amended March 2, 1889, June 29, 1906, February 28, 1920.] [49 U.S. C., § 14.] (1) That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which Report in repathe award is made. NOTE.-Provisions of § 14 applicable under part II, § 204 (d); as to part III, compare § 316 (c); part IV, § 417 (c). (2) All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. NOTE. See note to par. (1), supra. (3) The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports. NOTE. See note to par. (1), supra. ration cases. Reports entered service. of record; 25 Stat. 859. decisions competent as Reports and evidence. Annual reports, printing. Sec. 15 24 Stat. 384. of rates, classifications, regulations or practices, by Commission. DETERMINATION OF RATES, ROUTES, ETC.; ROUTING OF TRAF- SEC. 15. [As amended June 29, 1906, June 18, 1910, February 28, 1920, March 4, 1927, June 19, 1934, August 9, 1935, September 18, 1940.] [49 U. S. C., § 15.] (1) That whenever, after full hearing, upon a complaint made as provided in section 13 of this part, or after full hearing under an order for investigation and hearing made by the Commission on its own initiative, either in extension of any pending complaint or without any complaint whatever, the Commission shall be of opinion that any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers subject to this part for the transportation of persons or property as defined in the first section of this part, or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers. subject to the provisions of this part, is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this part, the Commission is hereby authorized and empowered to determine and premum, minimum scribe what will be the just and reasonable individual or 48 Stat. 1102. Commission may fix maxi or precise rates. joint rate, fare, or charge, or rates, fares, or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged, and what individual or joint classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation other than the rate, fare, or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed. NOTE. Comparable provisions, part II, §§ 216 (e) and 218 (b) ; part III, §§ 307 (b), (h), and 315 (b); part IV, § 406 (b). General authority to issue orders, part II, § 204 (a) (6); part III, § 304 (a); part IV, § 403 (a). |