Last paragraph, Section 1, of Act as added by Act of June 29, 1906, and June 18, 1910, which later added clause is shown in black-faced type, par. (9), Transportation Act, 1920.

Under paragraph (2), Section 3, of this Act prior to the Amendment of June 29, 1906, switch connections could be ordered when the failure to do so constituted discrimination. -Red Rock Fuel Co. v. Balt. & O. R. Co., 11 I. C. C. 438. Written application must be made to give the Commission jurisdiction.-Barden & S. v. Lehigh V. R. Co., 12 I. C. C. 193. Connection ordered.-McRae T. Ry. v. So. Ry. Co., 12 I. C. C. 270, 545. Carriers should not repay shippers for switch connections with transportation.-Weleetka Light & Water Co. v. Ft. Smith & W. R. Co., 12 I. C. C. 503. Section discussed and construed.-Rahway Valley R. Co. v. Delaware, L. & W. R. Co., 14 I. C. C. 191; McCormick v. Chicago, B. & Q. R. Co., 14 I. C. C. 611. State court may in absence of action by Commission compel switch connection.-Mo. Pac. R. Co. v. Larabee Flour Mills Co., 211 U. S. 612, 53 L. Ed. 352, 29 Sup. Ct. 214. See also Wisconsin, etc., R. Co., v. Jacobson, 179 U. S. 287, 45 L. Ed. 194, 21 Sup. Ct. 115.

Notes of Decisions Rendered Since 1909.

Prior to Amendment of 1910 held that a lateral branch railroad could not apply for a switch connection.-Int. Com. Com. v. Delaware, L. & W. R. Co., 216 U. S. 531, 54 L. Ed. 605, 30 Sup. Ct. 415, affirming Delaware, L. & W. Co. v. Int. Com. Com., 166 Fed. 498. The private track to be connected must exist.-Winters Metallic Paint Co. v. C. M. & St. P. Ry. Co., 16 I. C. C. 687. Joint rates denied.-Blakely S. R. Co. v. A. C. L. R. R. Co., 26 I. C. C. 344. To be read with provisions requiring transportation to be furnished and applies to lateral branch roads whether plant facilities or not.Huerfano Coal Co. v. C. & S. E. R. R. Co., 28 I. C. C. 502, 505. It is not illegal to require a switch connection for the use of only one shipper.-Union Lime Co. v. C. & N. W. Ry. Co., 233 U. S. 211, 58 L. Ed. 924, 34 Sup. Ct. 522; Federal Sugar Refining Co. v. Central of N. J. R. Co., 35 I. C. C. 488. State law only indirectly affecting interstate commerce valid.-L. & N. R. R. Co. v. Hidgon, 234 U. S. 592, 58 L. Ed. 1184, 34 Sup. Ct.

Notes of Decisions Rendered Since 1915.

Section restricted to lateral branch lines.-Montana v. P. C. C. & St. L. Ry. Co., 48 I. C. C. 728, 729, and cases cited. See also Section 237, ante, and 430, post.

Notes of Decisions Rendered Since 1920.

Held not to deprive state authorities of power to compel connections with private side tracks or lateral branch lines. -Penn. R. R. Co. v. Public Utilities Commission, 109 Ohio St. 69, 141 N. E. 839. Exclusive authority in Interstate Commerce Commission to require connections between main lines of railroad.—A. & V. Ry. Co. v. J. & E. Ry. Co., 271 U. S. 244, 70 L. Ed. 928, 46 Sup. Ct. 535. Conditions precedent to invoking authority of Commission under this paragraph set out.-Deering Coal Co. v. C., C., C. & St. L. Ry. Co., 96 I. C. C.

143.

§ 412. Car Service Defined. The term "car service" in this Act shall include the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this Act.

Paragraph (10) of Section 1 of Interstate Commerce Act, originally paragraph (1) of Act May 24, 1917 and of August 10, 1917, Transportation Act, 1920, Sec. 402. Sections 412 to 419 are taken from the Acts of May 29 and August 10, 1917 as amended by the Transportation Act, 1920, Sections 402, 403, and those sections are now paragraphs (10) to (17), Section 1, of the Interstate Commerce Act.

Carrier may contract to have cars iced by independent contractor.-U. S. v. Fruit Growers Express, 279 U. S. 363, 73 L. Ed. 739, 49 Sup. Ct. 374.

§ 413. Duty of Carrier to Furnish Safe and Adequate Car Service. It shall be the duty of every carrier by railroad subject to this Act to furnish safe and adequate car service and to establish, observe, and 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.

Paragraph (11) of Section 1, Interstate Commerce Act.

§ 414. Duty of Carriers to Make Reasonable Distribution of Cars. It shall also be the duty of every carrier by railroad to make just and reasonable distribution of cars for transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and reasonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of $100 for each offense, which may be recovered in a civil action brought by the United States.

Paragraph (12), Section 1, Interstate Commerce Act.

§ 415. Schedule of Car Service Must be Filed. The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this Act, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such 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 this Act relating thereto.

Paragraph (13), Section 1, Interstate Commerce Act.

§ 416. Authority of Commission to Establish Car Service Rules. The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by carriers by railroad subject to this Act, including the compensation to be paid for the use of any locomotive, car, or other vehicle not owned by the carrier using it, and the

penalties or other sanctions for nonobservance of such rules, regulations or practices.

Paragraph (14), Section 1, Interstate Commerce Act.

§ 417. Authority of Commission to Require Joint Use of Terminals. 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 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.

Paragraph (15), Section 1, Interstate Commerce Act.

§ 418. Routing Regulations. Whenever the Commission is of opinion that any carrier by railroad subject to this Act 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.

Paragraph (16), Section 1, Interstate Commerce Act. See also 490 and 491, post.

§ 419. Commission May Act by Agents-Penalties.-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 railroad subject to this Act, and of their officers, agents, and employees, to obey strictly and conform promptly 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 $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 Act 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 re