sailing, and upon such commodity as shall be embraced in the inquiry, and shall name in connection with such rate, port charges, if any, which accrue in addition to the vessel's rates and are not otherwise published by the railway as in addition to or absorbed in the railway rate. Vessel rates, if conditioned upon quantity of shipment, must be so stated and separate rates may be provided for carload and less than carload shipments. The carrier by water, upon advices from a carrier by railroad, stating that the quoted rate is firmly accepted as applying upon a specifically named quantity of any commodity, shall, subject to such conditions as the Commission by regulation may prescribe, make firm reservation from unsold space in such steam vessel as shall be required for its transportation and shall so advise the carrier by railroad, in which advices shall be included the latest available information as to prospective sailing date of such vessel.

Paragraph (2) of Section 25 as added by Section 441 of Transportation Act, 1920.

§ 624. Changes of Schedules to be Filed.-As the matters so required to be stated in such schedule or schedules are changed or modified from time to time, the carrier shall file with the Commission such changes or modifications as early as practicable after such modification is ascertained. The Commission is authorized to make and publish regulations not inconsistent herewith governing the manner and form in which such carriers are to comply with the foregoing provisions. The Commission shall cause to be published in compact form, for the information of shippers of commodities. throughout the country, the substance of such schedules, and furnish such publications to all railway carriers subject to this Act, in such quantities that railway carriers may supply to each of their agents who receive commodities for shipment in such cities and towns as may be specified by the Commission, a copy of said publication; the intent being that each shipping community sufficiently important, from the standpoint of the export trade, to be so specified by the Commission shall have opportunity to know the sailings and routes, and to ascertain the transportation charges of such vessels engaged in foreign commerce. Each railway carrier to which such publication is furnished by the Commission

is hereby required to distribute the same as aforesaid and to maintain such publication as it is issued from time to time, in the hands of its agents. The Commission is authorized to make such rules and regulations not inconsistent herewith respecting the distribution and maintenance of such publications in the several communities so specified as will further the intent of this section.

Paragraph (3) of Section 25, as added by Section 441 of Transportation Act, 1920.

§ 625. Through Bills of Lading Required.—When any consignor delivers a shipment of property to any of the places so specified by the Commission, to be delivered by a railway carrier to one of the vessels upon which space has been reserved at a specified rate previously ascertained, as provided herein, for the transportation by water from and for a port named in the aforesaid schedule, the railway carrier shall issue a through bill of lading to the point of destination. Such bill of lading shall name separately the charge to be paid for the railway transportation, water transportation, and port charges, if any, not included in the rail or water transportation charge; but the carrier by railroad shall not be liable to the consignor, consignee, or other person interested in the shipment after its delivery to the vessel. The Commission shall, in such manner as will preserve for the carrier by water the protection of limited liability provided by law, make such rules and regulations not inconsistent herewith as will prescribe the form of such through bill of lading. In all such cases it shall be the duty of the carrier by railroad to deliver such shipment to the vessel as a part of its undertaking as a common carrier.

Paragraph (4) of Section 25, as added by Section 441 Transportation Act, 1920.

§ 626. Such Through Lading not an Arrangement for Continuous Carriage. The issuance of a through bill of lading covering shipments provided for herein shall not be held to constitute "an arrangement for continuous carriage or shipment” within the meaning of this Act.

Paragraph (5) of Section 25, as added by Section 441 Transportation Act, 1920.

§ 627. Automatic Train-Stop or Train-Control Devices May Be Required. That the Commission may, after investigation, order any carrier by railroad subject to this Act, within a time specified in the order, to install automatic train-stop or train-control devices, or other safety devices, which comply with specifications and requirements prescribed by the Commission, upon the whole or any part of its railroad, such order to be issued and published at least two years before the date specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon a portion of its railroad not included in the order; and any action arising because of an accident happening upon such portion of its railroad shall be determined without consideration of the use of such devices upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States.

Section 26 of Interstate Commerce Act, added by Section 441 of Transportation Act, 1920.

See Automatic Train-Control Devices, 69 I. C. C. 258; 96 I. C. C. 345; 107 I. C. C. 65; 107 I. C. C. 367; 109 I. C. C. 66; 109 I. C. C. 147.

§ 628. Title of Act.-That this Act may be cited as the "Interstate Commerce Act."

Section 27 added by Section 441 of Transportation Act, 1920. See also Section 400, ante.

§ 629. Existing Laws as to Obtaining Testimony Applicable to Act. That all existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act.

Section 9 of the Act of June 29, 1906.

Cited in discussion of the power of the Commission to make

investigations.-Harriman v. Int. Com. Com., 211 U. S. 407, 422, 53 L. Ed. 253, 29 Sup. Ct. 115.

§ 630. Repealing Conflicting Laws not to Affect Pending Suits. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed; but the amendments herein provided for shall not affect causes now pending in courts of the United States, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.

Section 10 of the Act of June 29, 1906.

Does not prevent the indictment of those violating the old law. United States v. Standard Oil Co., 148 Fed. 719, 155 Fed. 305; reversed on other grounds, 164 Fed. 376, 90 C. C. A. 364; United States v. Chicago, St. P. & M. Ry. Co., same v. G. N. Ry. Co., 151 Fed. 84; affirmed, same ruling, Great N. Rỵ. Co. v. United States, 208 U. S. 452, 52 L. Ed. 567, 28 Sup. Ct. 313.

Applies to rebate cases and an indictment good under the Elkins law prior to its amendment remains good since.-United States v. Delaware L. & W. R. Co., 152 Fed. 269; United States v. New York C. & H. R. R. Co., 153 Fed. 630; Great N. Ry. Co. v. United States, 155 Fed. 945, 84 C. C. A. 93; affirmed, 208 U. S. 452, 52 L. Ed. 567, 28 Sup. Ct. 313; United States v. Great N. R. Co., 157 Fed. 288, 290.

§ 631. Time of Taking Effect of Act.-That this Act shall take effect and be in force from and after its passage.

Joint resolution of June 30, 1906, provides: That the Act entitled "An act to amend an act entitled 'An act to regulate commerce,' approved February 4, 1887, and all the acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission, shall take effect and be in force sixty days after its approval by the President of the United States."

Section 11 of the Act of June 29, 1906, and the joint resolution of June 30, 1906.

The effective date of the Act of June 29, 1906, was August 28, 1906.-Nicola, Stone & Myers Co. v. L. & N. R. Co., 14 I. C. C. 199, 206.

Joint resolution ineffective to prevent law becoming in force on the date of its approval by the President.-United States v. Standard Oil Co., 148 Fed. 719; reversed on other grounds, Standard Oil Co. v. United States, 164 Fed. 376, 90 C. C. A. 364.

Section cited.-Philips v. G. T. W. Ry. Co., 236 U. S. 662, 59 L. Ed. 774, 35 Sup. Ct. 444.

§ 632. Carriers Must Designate Agents in Washington. It shall be the duty of every common carrier subject to the provisions of this Act, within sixty days after the taking effect of this Act, to designate in writing an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said Commerce. Court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier by leaving a copy thereof with such designated agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or commerce court may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission.

New section added by Amendment of June 18, 1910.

§ 633. Pending Cases not Affected. That nothing in this Act contained shall undo or impair any proceedings heretofore taken by or before the Interstate Commerce Commission or any of the acts of said Commission; and in any cases, proceedings, or matters now pending before it, the Commission may exercise any of the powers hereby conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated and nothing in this Act contained shall operate to release or affect any obligation, liability, penalty, or forfeiture