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IV

Statements of-Continued.

Barton, Douglas W.
Levis, W. M..
Callaghan, C. H.

Ketner, Henry E
Davis, Frank S..
Salm, Ernest D.
Manghum, H. E.
Burley, Ramond F.
Hart, E. L.

Duffy, George A.
Geraty, John W.

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Ferguson, A. H.

West, Herbert G..
Carlson, Oscar...
Furuseth, Andrew.
O'Brien, Patrick_
Brown, Gustav H.

Communications from

Pacific States Cast Iron Pipe Co....

Wisconsin Legislature...

Kerr, J. G., Association of American Railroads..

Eastern North Carolina Association...

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AMEND FOURTH SECTION, INTERSTATE COMMERCE ACT

WEDNESDAY, JUNE 5, 1935

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE,

Washington, D. C.

The committe met in room 115, House Office Building, pursuant to call, at 10 a. m., Hon. Samuel B. Pettengill presiding.

Mr. PETTENGILL. Gentlemen, the committee will come to order. It is unfortunate that we are unable to have the use of the Interstate and Foreign Commerce Committee room, at least at the beginning of these hearings, due to the fact that that committee room is being used by another subcommittee of the committee. We are meeting this morning in this room through the courtesy of Congressman Somers, Chairman of the Committe on Coinage, Weights, and Measures, and will continue here using this committee room until the Interstate and Foreign Commerce Committee room is available for

our use.

This subcommittee was created for the purpose of conducting hearings on H. R. 3263, the so-called "Pettengill bill "; H. R. 3610, introduced by Congressman Dirksen, of Illinois, which I think is identical with the Pettengill bill; H. R. 5362, introduced by Mr. Rayburn, of Texas, which I understand carries out, in substance, the views of Commissioner Eastman; and H. R. 8364, introduced by Mr. Driver-all having to do with proposals to amend the fourth section of the Interstate Commerce Act relating to the long and short haul clause.

(The bills referred to are as follows:)

[H. R. 3263, 74th Cong., 1st sess.]

A BILL To amend paragraph (1) of section 4 of the Interstate Commerce Act, as amended February 28, 1920 (U. S. C., title 49, sec. 4)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 4 of the Interstate Commerce Act, as amended February 28, 1920 (U. S. C., title 49, sec. 4), be, and it is hereby, amended to read as follows:

"(1) That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this Act: Provided, That the Commission may from time to time prescribe the extent to which common carriers may be relieved from the operation of this section: And provided further, That rates, fares, or charges existing at the time of the passage of this amendatory Act by virtue of orders of the Commission or as to which application has theretofore been filed with the Commission and not yet acted upon shall not be required to be changed by reason of the provisions of this section until the further order of or a determination by the Commission."

1

[H. R. 5362, 74th Cong., 1st sess.]

A BILL To amend the Interstate Commerce Act, as amended, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 4 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(1) It shall be unlawful for any common carrier subject to the provisions of this part to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this part; but this shall not be construed as authorizing any common carrier within the terms of this part to charge or receive as great compensation for a shorter as for a longer distance: Provided, That upon application to the Commission such common carrier may in special cases, after investigation, be authorized by the Commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may, from time to time, prescribe the extent to which such designated common carrier may be relieved from the operation of this section."

[H. R. 3610, 74th Cong., 1st sess.]

A BILL To amend paragraph (1) of section 4 of the Interstate Commerce Act, as amended February 28, 1920 (U. S. C., title 49, sec. 4)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 4 of the Interstate Commerce Act, as amended February 28, 1920 (U. S. C., title 49, sec. 4), be, and it is hereby, amended to read as follows:

"(1) That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this Act: Provided, That the Commission may from time to time prescribe the extent to which common carriers may be relieved from the operation of this section: And provided further, That rates, fares, or charges existing at the time of the passage of this amendatory Act by virtue of orders of the Commission or as to which application has theretofore been filed with the Commission and not yet acted upon shall not be required to be changed by reason of the provisions of this section until the further order of or a determination by the Commission."

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[H. R. 8364, 74th Cong., 1st sess.]

A BILL To amend section 4 of the Interstate Commerce Act, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Interstate Commerce Act, as amended, be amended by striking out of said section 4 the proviso reading and no such authorization shall be granted on account of merely potential water competition not actually in existence" and substituting in lieu thereof the following: "and no such authorization shall be granted on account of water competition either potential or actually in existence."

Mr. PETTENGILL. Request has also been made to have paragraphs 4, 5, and 6 of section 1; section 2; paragraph 1 of section 3; paragraphs 1 and 2 of section 4; paragraphs 1 and 3 of section 6; and paragraphs 1, 3, and 7, of section 15 of the Interstate Commerce Act inserted in the record, which will be done at this place.

(The paragraphs referred to are as follows:)

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