The Commission has power to establish through routes and joint rates, shipper to have right to des ignate route ; it is unlawful for carriers to dis close information as to shipments. The Commission is empowered to determine maximum allowances to shippers for transportation services and to deter mine If any party is entitled to an award of dam ages.
' Any person, corporation, association, or cantile, agricultural, or manufacturing society, or any body politic or municipal organization or State Railroad Commission may complain before the Com mission of any infraction of the act, and the Commission itself may institute any inquiry on its own motion.
If the Commission find that the act has been con travened, it shall notify the carrier thereof.
If any carrier refuses to obey an order of the Commission, the latter or any party interested may apply to the federal court where such carrier has its principal office. Such court shall hear the case speedily, without formal pleadings; the findings of fact of the Commission shall be prima facie evidence of the matter therein stated. If it appear that any lawful order of the Commission has been disobeyed, the court shall enjoin further disobedience thereof. If the matter In dispute exceeds $2,000, either party may appeal.
Common carriers are required to make annual reports to the Commission, and the latter may pre scribe a uniform system of keeping accounts.
The act expressly excepts the carriage of proper 'ty free, or at reduced rates, for the United States, state, or municipal governments, or for charitable purposes, or to and from expositions, etc., or the I free carriage of destitute persons transported by charitable societies ; or the Issuance of mileage, ex cursion, or commutation passenger tickets ; or giv ing reduced rates to ministers of religion ; or to certain indigent persons ; or the exchange of pass es between the officers of railroad companies for their officers and employes.
The initial carrier is liable for damage to the bolder of a bill of lading in spite of a contract to the contrary, but the initial carrier has recourse to the carrier responsible.
The provisions of the act are declared to be in addition to all remedies by common law or by stat ute.
By the act of March 2, 1889, the United States courts are given jurisdiction to issue writs of per emptory mandamus commanding the movement of interstate traffic or the furnishing of care and other transportation facilities.
Under the Hepburn Act (1906) the Commission may 'require the carrier to furnish cars and shipping facilities; it may determine, on hearing, what are reasonable rates and enforce them (but not order an increase) ; It may fix through routes and rates and compel connecting lines to enter into through traffic agreements ; but only where the public in terest appears to require it.
The primary purpose of the act is to regulate the interstate business of carriers, and the secondary purpose (for which the Commission was established) was to enforce the regulations of the act. This power is not extended by any amendatory acts to mere investigations in regard to annual reports of carriers or of the Commission, or for the purpose of recommending legislation. Qucere, whether Con gress has power to compel testimony in regard to I subjects which do not concern direct breaches of law, and whether .it can delegate such power; Harriman v. Commission„ 211 U. S. 407, 29 Sup. Ct. 115, 53 L. Ed. 253.
The Commission has no powers except those con ferred by Congress; It cannot allow special privi leges or relieve hardships, nor prevent anticipated violations of the act, except as therein provided. It will not assume an advisory jurisdiction. It cannot compel a carrier to stop reckless expenditure, nor award damages for defective service, nor re quire a carrier to adopt a particular form of ticket or bill of lading; 41 Drinker, Interet. Cora. Act.
The Act of 1910 created the Commerce Court with jurisdiction to enjoin, set aside or suspend in whole or in part any order of the Interstate Commerce Commission. The proceedings of this court may be reviewed by the Supreme Court.
By Act of Oct. 22, 1913, the commerce court was abolished (from and after Dec. 31, 1913) and its jurisdiction was transferred to the district court. Cases must be heard by three judges (one at least to be a circuit judge) and at least two judges must concur. An appeal lies direct to the Supreme Court from any order granting or denying an in terlocutory injunction. Such appeal must be taken in thirty days. An appeal from a final order must be taken in sixty days.