Chapter 23. To amend an Act entitled “An Act to regulate commerce,” as amended, in respect of car service, and for other purposes
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CHAP. 23.— An Act To amend an Act entitled “An Act to regulate commerce,” as amended, in respect of car service, and for other purposes. May 29, 1917. [[H. R. 328](/us/bill/65/hr/328).] [[Public, No. 19](/us/pl/65/19).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section one of the ActInterstate commerce regulations. Vol. 36, p. 545, amended. entitled “An Act to regulate commerce,” approved February twenty-fourth, eighteen hundred and eighty-seven, as heretofore amended, is further amended by adding thereto the following:
The term “car service” as used in this Act shall include the movement,“Car service.” Term construed. distribution, exchange, interchange, and return of cars used in the transportation of property by any carrier subject to the provisions of this Act. It shall be the duty of every such carrier to establish, observe, andJust and reasonable rules, etc., required for. enforce just and reasonable rules, regulations, and practices with respect to car service, and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful.
The Interstate Commerce Commission is hereby authorized byFiling with Commission ordered. general or special orders to require all carriers subject to the provisions of the Act, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the commissionTo be incorporated in schedules. may, in its discretion, direct that the said rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation and be subject to any or all of the provisions of the Act relating thereto.
The commission shall, after hearing, on a complaint or upon its ownMay be established by Commission. initiative without complaint, estabfish reasonable rules, regulations, and practices with respect to car service, including the classification of cars, compensation to be paid for the use of any car not owned by any such common carrier and the penalties or other sanctions for nonobservance of such rules. Whenever the commission shall be of opinion that necessity existsSuspension, etc., by Commission authorized. for immediate action with respect to the supply or use of cars for transportation of property, 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, 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, and also authority to make such just and reasonableDirections for service. directions with respect to car service during such time as in its opinion will best promote car service in the interest of the public and the commerce of the people.
The directions of the commission as to car service may be madeExecution of directions. through and by such agents or agencies as the commission shall designate and appoint for that purpose. In case of failure or refusal on the part of any carrier, receiver, orPenalty for noncompliance with orders. trustee to comply with any direction or order with respect to car service, such carrier, receiver, or trustee shall be liable to a penalty 102of not less than $100 nor more than $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.
Approved, May 29, 1917.