Page:United States Statutes at Large Volume 56 Part 2.djvu/890

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PROCLAMATIONS-AUG. 28, 1942 (d) U. S . C., Title 49, section 41 (1): ". . .it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, con- cession, or discrimination in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said chapter whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said chapter, or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor . . ." (e) U. S . C., Title 49, section 43: "Whenever the Interstate Commerce Commission shall have reason- able ground for belief that any common carrier . . . is committing any discriminations forbidden by law, a petition may be presented alleging such facts to the district court of the United States sitting in equity having jurisdiction; . . . whereupon it shall be the duty of the court summarily to inquire into the circumstances . . . and upon being satisfied of the truth of the allegations of said petition said court shall . . . direct and require a discontinuance of such discrimina- tion..." in so far as such relief may be necessary to remove any bar which may be created by those statutory provisions to the payment out of funds, if any remain after payment of the expenses of operation and maintenance of said pipe line, derived from transportation or other common carrier services, furnished at rates established pursuant to the provisions of the Interstate Commerce Act, as amended and supplemented, of (1) indebtedness of Project Five Pipe Line Corpora- tion, incurred for acquiring, financing and constructing said pipe line; (2) liquidating dividends to stockholders at any time; and (3) annual dividends to stockholders not exceeding seven per centum (7%,) of the valuation for rate making pl)1i)oses, of such common carrier's property owned and used for common carrier purloses, mnade utider the authority of the Interstate Commerce ('olmlissionI; and fllrther to remove any bar which mlay be created(I by those statutory provi- sions to the acceptance by Project Five Pipe ille Corporation from its stockholders of petroleum products for shipment, in such amounts that the use, by agreement of the stockholders, of the capacity of the pipe line available to them as shippers over a common carrier pipe fine and not used in the performance of its common carrier obligations to other shippers, will be in amounts proportionate to the stock owner- ship as it may exist from time to time, of such stockholders desiring to utilize the capacity of the pipe line or any part thereof, provided that this authorization shall not permit the rejection in disregard of the common carrier obligations of Project Five Pipe Line Corporation, of any petroleum products offered for shipment. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 28$h day of August in the year of our Lord nineteen hundred and forty-two, and of [SEAL] the Independence of the United States of America the one hundred and sixty-seventh. FRANKLIN D ROOSEVELT By the President: CORDELL HULL Secretary of State. 65714 -43- -PT. 11-56 24 Stat. 379. 49U.S.C.,chs.1, 8, 12. Ante, pp. 176, 2S4, 746. 1977 56 STAT.]