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that the Congress intended that the service should be withdrawn from the public on July 1, 1914, if for good and sufficient reasons it had been impossible for the Commission to determine the questions presented in the application before that date. Although the language employed is different, it seems that the legislative intent was similar to that expressed in the amended fourth section of the Act and in the safety appliance Acts.

The Commission therefore interprets the Amendment to Section 5 of the Act as contemplating and authorizing a continuance of any existing common ownership or control after July 1, 1914, between rail and other carriers and water carriers not traversing the Panama Canal until such time as the Commission has passed upon the application relative thereto, provided such application is filed with the Commission prior to July 1, 1914.

While all conference rulings have been withdrawn and canceled by the Commission, this action did not change or modify the principles which they enunciated.

"May compete for traffic," "existing specified service by water," "through the Panama Canal," defined and statute discussed. Application S. P. Co., 32 I. C. C. 690. Continued ownership not shown to be "in the interest of the public.”— S. P. Co. Ownership of Schooner Pasadena, 33 I. C. C. 476. "The purpose of the Panama Canal Act was to preserve to the common interest of the people, free and unfettered, the 'water road bed' via the Panama Canal.”—Lake Line Application Under Panama Canal Act, 33 I. C. C. 699. Though all rail lines and joint rates make competition within meaning of Act.-Application Penn. Co., 34 I. C. C. 47. Ferry boat included in meaning of Act.-Application Grand Trunk Railway Co., 34 I. C. C. 49; B. R. & P. Ry. Co., Operation of Car Ferry, 34 I. C. C. 52; G. T. W. Ry. Co., Operation Car Ferry, 34 I. C. C. 54.

"A rail carrier does not necessarily have to reach a point in order to compete with water carriers that operate directly to that point, but that such competition may exist by the rail carrier's participation in joint rates."-S. P. Co. Ownership of Oil Steamer, 34 I. C. C. 77; A. A. R. R. Co., Operation Car Ferry Boats, 34 I. C. C. 83; P. M. & B. L. E. R. R. Co.,

Operation of Car Ferry Boats, 34 I. C. C. 86. Competition found not to exist.-S. P. Co., Steamboats Sacramento River, 34 I. C. C. 174; Steamer Lines on Chesapeake Bay, 35 I. C. C. 692, applying the section. For other applications acted on, see Application of Duluth South Shore & A. R. Co., et al., 33 I. C. C. 229; Application of Spokane P. & S. R. Co., 34 I. C. C. 462; Application of S. P. Co., 34 I. C. C. 648.

Notes of Decisions Rendered Since 1915.

These notes apply generally to Sections 444 to 446.

In the report of the House conferees on Transportation Act, 1920, it was said: "The House bill in section 408 amended the provisions of the Panama Canal Act relating to the ownership of water lines by railroads, so as to allow the Commission, when satisfied that the public interests would not be injured, to continue existing service of water lines owned by a railroad, or to permit the establishment of a proposed new service, except on inland waters. The Senate amendment contained no such provision, and the conference bill strikes out this provision in the House bill.”

Notwithstanding competition between rail lines and the owned water line, the interest of the public being served, the ownership was permitted to continue.-Ocean Steamship Co., 37 I. C. C. 422; Ashtabula-Port Maitland Car-Ferry Service, 40 I. C. C. 143; Delaware & Hudson Boat Lines, 40 I. C. C. 297; Boston & Maine Boat Lines, 40 I. C. C. 565; Central Vermont Boat Lines, 40 I. C. C. 589; S. P. Co., Ownership Atlantic Steamship Lines, 43 I. C. C. 168; Application of Grand Trunk Ry. Co., 43 I. C. C. 286; Direct Navigation Company, 46 I. C. C. 378; Steamer Lines on Long Island Sound, 50 I. C. C. 634; Control of Water Carriers by Railroad Carriers, 51 I. C. C. 436.

No competition; existing ownership continued.-S. P. Co. Ownership of Oil Steamers, 37 I. C. C. 529; Peninsula & Occidental S. S. Co., 38 I. C. C. 662; Maine Central Boat Lines 40 I. C. C. 272.

See report of Commission to Senate, 39 I. C. C. 1, seq.

Some rail ownership continued; others discontinued.Steamer Lines from Norfolk to Baltimore, 41 I. C. C. 285.

While it would seem that reason and the decision in United States v. A. T. & S. F. Ry. Co., 234 U. S. 476, 58 L. Ed. 1408, 34 Sup. Ct. 986, would justify an opposite conclusion, the Supreme Court has held that a refusal to permit a rail carrier to continue the ownership of a water line is negative and not subject to review by the courts.-Lehigh V. R. Co. v. United States, 243 U. S. 412, 61 L. Ed. 819, 37 Sup. Ct. 434.

Notes of Decisions Rendered Since 1920.

discussed and applied.-New

Section York Harbor Facilities Applications, 100 I. C. C. 383; Application of Southern Pacific Co. and Albion Lbr. Co., 102 I. C. C. 170; Southern Pacific Company Boat Line on Sacramento River, 102 I. C. C. 658.

§ 446. Commission May Relieve from Provision. If the Interstate Commerce Commission shall be of the opinion that any such existing specified service by water other than through the Panama Canal is being operated in the interest of the public and is of advantage to the convenience and commerce of the people, and that such extension will neither exclude, prevent, nor reduce competition on the route by water under consideration, the Interstate Commerce Commission may, by order, extend the time during which such service by water may continue to be operated beyond July first, nineteen hundred and fourteen.

Added by Amendment of Aug. 24, 1912, Sec. 11, par. (11) in part, Sec. 5. See preceding section for annotations.

§ 447. Water Carriers to File Tariffs. In every case of such extension the rates, schedules, and practices of such water carrier shall be filed with the Interstate Commerce Cominission and shall be subject to the Act to regulate commerce and all amendments thereto in the same manner and to the same extent as is the railroad or other common carrier controlling such water carrier or interested in any manner in its operation: Provided, Any application for extension under the terms of this provision filed with the Interstate Commerce Commission prior to July first, nineteen hundred and fourteen,

but for any reason not heard and disposed of before said date, may be considered and granted thereafter.

Added by Amendment of Aug. 24, 1912, Sec. 11, part par. (11), Sec. 5.

§ 448. Violators of Sherman Anti-Trust Act Not to Use Panama Canal.-No vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," or the provisions of sections seventy-three to seventy-seven, both inclusive, of an Act approved August twenty-seventh, eighteen hundred and ninety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or the provisions of any other Act of Congress amending or supplementing the said Act of July second, eighteen hundred and ninety, commonly known as the Sherman AntiTrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen hundred and ninetyfour. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ships are parties. Suit may be brought by any shipper or by the Attorney-General of the United States.

Added by Amendment of Aug. 24, 1912.

The Transportation Act, Sec. 408, makes no reference to this section, which is part of Section 11, Panama Canal Act. See United States Compiled Statutes, 1916, Sec. 8836.

§ 449. Carriers Shall File, Print and Keep Public Schedules of Rates. That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rates, fares and charges for transportation between different points on its own route and be

tween points on its own route and points on the route of any other carrier by railroad, by pipe line, or by water when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall file, print, and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares and charges, or the value of the service rendered to the passengers, shipper or consignee. Such schedules shall be plainly printed in larger type, and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. The provisions of this section shall apply to all traffic, transportation and facilities defined in this Act.

Paragraph (1), Section 6, of the Act as amended June 29, 1906. For the original Act and the Act of March 2, 1889, see, post, Section 455.

See Tariff Circular 20, for regulations with reference to filing tariffs.

One member of a traffic association may file tariffs for all.-Re Filing Copies of Joint Tariffs by Traffic Combinations, 1 I. C. R. 76. Form of type to be used.-Re Rate Sheets, 1 I. C. R. 316. Must publish tariffs of mileage tickets.Larrison v. Chicago & G. T. R. Co., 1 I. C. C. 147, 1 I. C. R. 369; Re Publication of Tariffs, 1 I. C. R. 598. Local tariffs part of a through tariff and export tariffs should be filed.-Re Filing of Joint Tariffs, 1 I. C. C. 657, 2 I. C. R. 9. All tariffs should be publicly announced.-Re Tariffs of the Transcontinental

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