does or may compete for traffic or any vessel carrying freight or passengers upon said water route or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic; and in case of the violation of this provision each day in which such violation continues shall be deemed a separate offense.

Penalty.

to determine as

Jurisdiction is hereby conferred on the Interstate Commerce Commission to determine ques- Commission tions of fact as to the competition or possibility of to competition. competition, after full hearing, on the application of any railroad company or other carrier. Such application may be filed for the purpose of determining whether any existing service is in violation of this section and pray for an order permitting the continuance of any vessel or vessels already in operation, or for the purpose of asking an order to install new service not in conflict with the provisions of this paragraph. The Commission may on its own motion or the application of any shipper institute proceedings to inquire into the operation of any vessel in use by any railroad or other carrier which has not applied to the Commission and had the question of competition or the possibility of competition determined as herein provided. In all such cases the order of said Commission shall be final.

Orders to be final.

Commission's authority to al

low ownership of lines by rail

certain vessel

roads.

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. In every case of such extension the rates, schedules, and practises of such water Rates of such water carriers carrier shall be filed with the Interstate Commerce to be filed with Commission.

Violators Sherman Act

not to

canal

Commission 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.

of No vessel permitted to engage in the coastwise use 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 seventyseven, 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 ninety-four. 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 ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States.

This section of the Act to Regulate Commerce was adopted August 24, 1912 as a part of the Panama Canal Act and by that Act made an integral part of the Commerce Act. No cases involving any of the provisions thereof have thus far been decided by the Supreme Court.

SECTION 6. PRINTING, POSTING AND FILING OF

RATES AND SCHEDULES.

Printing and posting of

schedules of

rates, fares, and

and charges, includ

ing rules and

The regulations afcom- icing, storage,

fecting the same,

SEC. 6. (Amended March 2, 1889. Following section substituted June 29, 1906. Amended June 18, 1910, and August 24, 1912.) 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 between 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 charges applied to the through transportation. schedules printed as aforesaid by any such mon carrier shall plainly state the places between charges, which property and passengers will be carried, and tions. 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 passenger, shipper, or consignee. Such schedules shall be plainly printed in large 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

and terminal and freight classifica

Printing posting

of

carried through

try.

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.

and Any common carrier subject to the provisions of schedul e s of this Act receiving freight in the United States to rates on freight be carried through a foreign country to any place a foreign coun- in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign Freight sub- country to which it accepts freight for shipment; duties in case of and any freight shipped from the United States lish through through a foreign country into the United States the through rate on which shall not have been made public, as required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production.

ject to customs

failure to pub

rates.

must be given.

Thirty days' No change shall be made in the rates, fares, and public notice of change in rates charges or joint rates, fares, and charges which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the Commission notice herein specified, or modify the requirements may modify requirements of of this section in respect to publishing, posting, and

this section.

filing of tariffs, either in particular instances or by

a general order applicable to special or peculiar circumstances or conditions.

Evidence of concurrence.

The names of the several carriers which are Joint tariffs must specify parties to any joint tariff shall be specified therein, names of carriers participaand each of the parties thereto, other than the one ting. filing the same, shall file with the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties.

Copies of con tracts,

agreeor ar

rangements re

must be filed

Every common carrier subject to this Act shall also file with said Commission copies of all con- ments, tracts, agreements, or arrangments with other com- lating to traffic mon carriers in relation to any traffic affected by with Commisthe provisions of this Act to which it may be a party.

sion.

may prescribe

ules.

shall

engage transportation unless it and publishes rates and

charges there

The Commission may determine and prescribe Commission the form in which the schedules required by this forms of schedsection to be kept open to public inspection shall be prepared and arranged and may change the form from time to time as shall be found expedient. No carrier, unless otherwise provided by this No carrier Act, shall engage or participate in the transporta- in tion of passengers or property, as defined in this files Act, unless the rates, fares, and charges upon which fares, the same are transported by said carrier have been on." filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers, or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which strictly obare specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided,

Published rates to be served.