Imágenes de páginas
PDF
EPUB

CONTENT

THE INTERSTATE ON

TiZIT:

939

**tate Comme

I E doa. པ ་ ཀ བཝག " ཟླ..... ***** eslo....

ua܃ ܃ ܃ ܃ ܃

[blocks in formation]

E COMMERCE COMMISSIONPEAL DIVISIONS t, as amended (U. S. C., 1934

amended to read as follows: 30 as to consist of nineteen receive $12,000 compensation

the manner of payment of : Such enlargement of the nent by the President, by and t additional Interstate Com

Two on December 31, 1940; +2; one on December 31, 1943; 45. The terms of the present fill a vacancy caused by the zioners, shall expire as heretocessor of the additional Comr the full term of seven years, hall be appointed only for the succeed. Not more than ten ? political party.

Upon the ul continue to serve until his Hereafter the salary of the e Commerce Act, as amended, ” and by inserting after such

[ocr errors]

TO REDISTRIBUTE THE FUNCTIONS OF THE INTERSTATE

COMMERCE COMMISSION

TUESDAY, JANUARY 24, 1939

HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D. C. The committee met at 10 a. m., in the hearing room, New House Office Building, Hon. Clarence F. Lea (chairman) presiding.

The CHAIRMAN. The committee will please come to order. The committee has met this morning to begin hearings on H. R. 2531 dealing with the transportation problems of the country.

(The bill referred to is as follows:)

[ocr errors]

(H, R. 2531, 76th Cong., 1st sess.) A BILL To redistribute the functions of the Interstate Commerce Commission with a view to more efficient Iercise of rate making authority; to extend the jurisdiction of the Commission in relation to the fixing of minimum rates, and rates for inland water transportation; to create a Railroad Reorganization Court; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Transportation Act of 1939."

TITLE I-AMENDMENTS TO INTERSTATE COMMERCE ACT PART I–INCREASE IN MEMBERSHIP OF INTERSTATE COMMERCE COMMISSION

CREATION OF RATE, FINANCE, AND APPEAL DIVISIONS Sec. 1. Section 24 of the Interstate Commerce Act, as amended (U. S. C., 1934 ed., title 49, sec. 11; Supp. III, title 49, sec. 11), is amended to read as follows:

“Sec. 24. The Commission is hereby enlarged so as to consist of nineteen members, with terms of seven years, and each shall receive $12,000 compensation annually. The qualifications of the members and the manner of payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of eight additional Interstate Commerce Commissioners, for terms expiring as follows: Two on December 31, 1940; two on December 31, 1941; one on December 31, 1942; one on December 31, 1943; one on December 31, 1944; one on December 31, 1945. The terms of the present Commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present Commissioners, shall expire as heretofore provided by law. Their successors and the successor of the additional Commissioner herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Not more than ten Commissioners shall be appointed from the same political party. Upon the Expiration of his term of office a Commissioner shall continue to serve until his successor is appointed and shall have qualified. Hereafter the salary of the secretary of the Commission shall be $10,000 a year.”

Sec. 2. Paragraph (1) of section 17 of the Interstate Commerce Act, as amended, is amended by inserting after "(1)” the letter "(a)” and by inserting after such paragraph the following new subparagraph:

“(b) The Commission shall be divided into three divisions, to be designated, respectively, the Appeal Division, the Rate Division, and the Finance Division, and shall consist, respectively, of five, nine, and five members to be designated from the Commissioners by the President. The President shall designate annually one of the members of the Appeal Division as chairman of that division, and the member so designated shall be the chairman of the entire Commission. Each of the other divisions shall select its own chairman. Each such division, respectively, shall have jurisdiction over the matters specified in subparagraphs (c), (d), and (e) and shall power and authority over such matters and shall perform the work or functions of the Commission in respect thereof arising under this Act or under any Act amendatory thereof, or supplemental thereto, or under any amendment which may be made to any of said Acts, or under any other Act or joint resolution which has been or may hereafter be enacted, or in respect of any matter which has been or may be referred to the Commission by Congress or by either branch thereof. Each such division shall have power and authority by a majority thereof to hear and determine, order, certify, report, or otherwise act as to any of said work or functions and shall have all the jurisdiction and powers now or then conferred by law upon the Commission. Any order, decision, or report made or other action taken by either such division in respect of any matters over which it has jurisdiction shall have the same force and effect, and may be made, evidenced, and enforced in the same manner as if made or taken by the entire Commission, and the entire Commission shall have no jurisdiction to take any further action in such matter. The secretary and seal of the Commission shall be the secretary and seal of each such division.

“(c) The Appeal Division shall have jurisdiction to hear and determine applications for reconsideration, reargument, or rehearing from any decision, order, or requirement made or issued by the Rate Division (or any division thereof). If in the judgment of the Appeal Division the application should be granted, in whole or in part, it shall enter an order accordingly and proceed to a final determination of the matter on the merits, upon the record made in the proceeding, either with or without a further hearing as it may decide, otherwise it shall enter an order denying the application.

"(d) The Rate Division shall have the jurisdiction vested in the entire Commission by this Act, and Acts amendatory thereof, or supplemental thereto, in respect of carriers subject to such Acts, in the following matters: (1) Classifications, practices, rates, fares, and charges for services, including publication thereof and the divisions of rates, fares, and charges; (2) the establishment of through routes and joint rates, fares, and charges; (3) the providing and rendering of service except where investments for new facilities are involved; (4) accounts, records, and reports; and (5) valuation of properties.

(e) The Finance Division shall have the jurisdiction now vested the Commission by this Act, and Acts amendatory thereof or supplemental thereto, in respect of carriers subject to such Acts, in so far as such jurisdiction is not vested in the Rate Division or in the entire Commission as provided in subparagraph (f) hereof.

"(f) The entire Commission shall have jurisdiction in respeot of the Commission's employees, offices, expenses, and annual or other reports, to Congress.

"(g) An application for rehearing or reconsideration of a decision, order, or requirement made or issued by the Rate Division or any division thereof shall be made direct to the Appeal Division.

“(h) The rights, duties, powers, privileges, or immunities imposed upon or granted to the Commission shall be considered to have been imposed upon or granted to the Appeal Divisiont, he Rate Division, or the Finance Division, as the case may be, for purposes of the exercise of the jurisdiction granted to such division under this section.

PART II-AMENDMENTS TO SECTION 5 Sec. 11. Section 5 of the Interstate Commerce Act, as amended, is hereby further amended by changing paragraph (1) to read as follows:

(1) That, except upon specific approval by order of the Commission as in this section provided, and except as provided in paragraph (16) of section 1 of this part, it shall be unlawful for any common carrier subject to this part to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling or division of traffic of different and competing carriers subject to this part, or to divide between them the aggregate or net proceeds of the earnings of such carriers, or any portion thereof; and in any case of an agreement for the pooling or division of traffic or the division of earnings as aforesaid each day of its continuance shall be a separate offense: Provided, That whenever the Commission is of opinion, after hearing upon application of any carrier or carriers engaged in the transportation of passengers or property subject to this part, or upon its own initiative, that the pooling or division of their traffic or earnings, to the extent indicated by the Commission, will be in the interest of better service to the public, or economy in operation, the Commission shall have authority by order to approve and authorize, or require, such pooling or division of traffic or earnings, under such rules and regulations, and for such consideration as between such carriers and upon such terms and conditions, as shall be found by the Commission to be just and reasonable in the premises.' Sec. 12. Such section 5'is further amended by striking out paragraphs (2) and 3', by renumbering the remainding paragraphs accordingly, and by changing the renumbered paragraph (2) (b) after the first sentence to read as follows: “If after euch hearing the Commission finds that, subject to such terms and conditions and such modifications as it shall find to be just and reasonable, the proposed consolidation, merger, purchase, lease, operating contract, or acquisition of control Fii promote the public interest, it may enter an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control, upon the terms and conditions and with the modifications so found to be just and reasonable. In determining the public interest, the Commission shall give due consideration to the promotion of the efficiency and economy of the carriers' service, the affording of better and cheaper service to the public, the securing of a simplified and more effective regulation of the carriers, the ultimate establishment of a number of strong and efficient systems, the due protection of the interests of the stockholders and creditors, the maintenance of such completion among the carriers as is necessary and reasonable in the protection of the public interest; and to all other relevant matters." PART III.- REGULATION OF RATES AND OTHER MATTERS IN RELATION TO CERTAIN

WATER CARRIERS Sec. 21. Section 1 (1) (a) of the Interstate Commerce Act, as amended, is sinended to read as follows:

"Sec. 1. (1) That the provisions of this part shall apply to common carriers engaged in

"(a) The transportation of passengers or property wholly by railroad, or partly by railroad and party by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment, but these limitations conditioned upon control, management, or arrangement shall not apply when the carrier by water is a carrier made subject to this part by paragraph (1) (c) of this section; or”.

Sec. 22. Section 1 (1) of such' Act, as amended, is amended by inserting after subparagraph (b) a new subparagraph (c), as follows:

"(c) The transportation of passengers or property by water upon the inland, canal, or coastwise waterways of the United States, but shall not include common carriers engaged in the transportation of passengers or property upon the high seas, the Great Lakes, or in intercoastal commerce by way of the Panama Canal;".

Sec. 23. Section 1 (1) of such Act, as amended, is amended by adding at the end thereof a new sentence as follows: "If the Commission finds, from time to time, after investigation with or without a hearing, that any carrier or class of carriers included in subparagraph (c) is or would be unduly burdened by the enforcement of the requirements of this part, or of any provision of this part, or of any rule, regulation, condition, or limitation prescribed thereunder, by reason of the local nature or limited extent of, or unusual circumstances affecting, the operations of such carrier or class of carriers, and further finds that as to such carrier or class of carriers, the enforcement of such requirements, or such provision, rule, regulation, condition, or limitation, is not required in the public interest, such carrier or class of carriers shall be exempt from such requirements, provision, rule, regulation, condition, or limitation, to the extent designated by the Commission. In exercising its jurisdiction over carriers included by this subparagraph the Commission shall not apply to any carrier owned or controlled by the United States Government any different policy, or rule of rate making, or any different method of determining costs of service, or value of property, than it applies or would apply in the case of carriers not so owned or controlled.”

« AnteriorContinuar »