Page:United States Statutes at Large Volume 37 Part 1.djvu/590

SIXTY-SECOND CONGRESS. Sasa II. C11. 390. 1912. 567 common carrier b water operated thro h the Panama Canal r elsewhere whtich said railroad or otheg carrier aforesaid does gr maycom ee or raiiicoran vesselcarrymg' f htor upon saidp water route or elsewlrere with which or otm 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 a separate offense." ’I\1}'lSdl¢l3I0!l is hereby conferred on the Interstate Commerce Com- ,..LL§° mission to determine questions of fact as to the competition or possi— *'°{§g*¤°'·°*·¤*·=¤¤·· bds? of competition, after hearing, on the application of an rail- Funds; ro company or other carrier. Such application may be filed fir the porpose of determining whether any existing service is in violation of this section and pray or_an order permitting the continuance of any vessel or_vessels already m operation, or for the urpose of asking an order to install new service not in conflict with the provisions of this paragraph. 'l‘he commission may on its own motion or the applicatron of any shipper mstrtute proceedings to inquire into the o tion of any vessel rn use_by any railroad or other carrier which has not applredto the commission and had the qpestion of competition or the possibility of comfpetrtion determined as erein provid . In all such cases the order o said commission shall be . If the Interstate Commerce Commission shall be of the opinion ,, ,,,,‘{f,,,';; that any such exist specified service by water other than through ¤<>¤¤¤*•¤¤*¤¤•·¤·¤¤=— the Panama Canal ilgbeing operated in the interest of the public and is of advantage to the convenience and commerce of tllrgpeople, and that such extension will neither exclude, prevent, nor- uee competition on the route by water under consideration, the Interstate Commerce Commission may, by order, extend the time du which such _ service b water may contmue to be operated beyondldlify first, nineteen hundred and fourteen. In every case of suc extension the rates, schedules, and practices of such water carrier shall be filed with the *¤°•*°¤°¤*· Interstate Commerce 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 m any manner in its operation: Provided, Any a plication for extension under the terms of mmuon M u_ this revision filed witg the Interstate Commerce Commission prior wma ern.-me to Jrsy Hist, nineteen hundred and fourteen, but for an reason not hlerlrd and disposed of before said date, may be considered and granted t ereafter. No vessel rmitted to engage in the coastwise or foreign trade of ,,Y,",§,",°,{§“,§'§$,'g’{*5’ the United gtiates shall be ermitted to enter or pass through said :_*f,;¤L;,,;i°":¤¤ ¤l canal if such ship is owned, &artered, operated,_or controlled, y any vox. za, an person or compan which is doing busmess m violation of the provisions of the Act of, Congress approved July second, eighteen hrmdred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopo 'es ’i or the provisions of sections V 1 A m seventy-three to seventy-seven, both inclusive, of an Act approved °‘ " August twenty-seventh, eighteen hundred and mnety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes " or the provisions of anJy other Act of Congress amending or supplementiniflhe said Act of uly second, eighteen undred and mnet , commonly own as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty- seventh, eighteen hundred and ninetiy-four. The guestion of fact ,_§,f*°'”’*““""‘ °' may be determined by the judgment o any court of the United_States of competent jurisdiction in any cause perrding before it to which the owners or operators of such ship are parties. Sint be brought by any shipper or by the Attorney General of the Umt States. · 87618°——vor. 37-1-r 1--38