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U. S. 304, 57 L. Ed. 1473, 33 Sup. Ct. 939, affirming same-styled case, 183 Fed. 929, 106 C. C. A. 269. But where an act is required by law and the Commission has no duty to perform the courts have jurisdiction.-Penn. R. Co. v. International Coal Co., 230 U. S. 184, 57 L. Ed. 1446, 33 Sup. Ct. 983; So. Ex. Co. v. Long, 202 Fed. 462, 120 C. C. A. 568; reversing Long v. So. Ex. Co., 201 Fed. 441. The courts may not in the first instance determine whether a rate is inherently reasonable.-A. T. & S. F. Ry. Co. v. U. S., 203 Fed. 56, Op. Com. Ct. No. 61, p. 537; Atl. Coast Line R. Co. v. Int. Com. Com., 194 Fed. 449; L. & N. Ry. Co. v. Int. Com. Com., 195 Fed. 541; Int. Com. Com. & U. S. v. L. & N. Ry. Co., 227 U. S. 88, 33 Sup. Ct. 185, 57 L. Ed. 431; Robinson v. B. & O. R. Co., 222 U. S. 506, 56 L. Ed. 288, 32 Sup. Ct. 114.

§ 619. Interchangeable Mileage Tickets, How Issued.— Provided, further, That nothing in this Act shall prevent the issuance of joint interchangeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provision of this Act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint rates. by Section 6 of this Act; and all the provisions of said Section 6 relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges referred to in said Section 6. It shall be unlawful for any common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by the rate, fare, or charge specified

in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of Section 10 of this Act shall apply to any violation of the requirements of this proviso.

Proviso to Section 22 added by the Act of February 8, 1895.

By Act of August 18, 1922, the Commission was given authority and directed to require, after notice and hearing, carriers to issue "interchangeable mileage or scrip coupon tickets at just and reasonable rates."

Proviso applies only to the issuance of such tickets and the terms, conditions and the persons to whom issued must be without discrimination.-Larrison v. Chicago & G. T. R. Co., 1 I. C. C. 147, 1 I. C. R. 369. Excursion and commutation tickets are not the basis for fixing price of mileage tickets. -Associated Wholesale Grocers of St. Louis v. Mo. Pac. R. Co., 1 I. C. C. 156, 1 I. C. R. 393. Mileage, excursion or commutation tickets must be offered impartially.-Re Passenger Tariffs, 2 I. C. C. 649, 2 I. C. R. 445. Party rates should not be lower than contemporaneous single tickets.-Pittsburgh, C. & St. L. R. Co. v. B. & O. R. Co., 3 I. C. C. 465, 2 I. C. R. 729; order not enforced, Int. Com. Com. v. B. & O. R. Co., 43 Fed. 37, 145 U. S. 263, 36 L. Ed. 699, 12 Sup. Ct. 844, 4 I. C. R. 92. Provision merely permissive and gives the Commission no power to compel the issuance of mileage tickets.-Sprigg v. B. & O. R. Co., 8 I. C. C. 443, 450. See the able and cogent dissenting opinion of Mr. Commissioner Clements, 457 et seq. See Re Party Rate Tickets, 12 I. C. C. 95; Export Shipping Co. v. Wabash R. Co., 14 I. C. C. 437, 455; Tariff Circular No. 20. Under Act of 1922 Commission required carriers to sell interchangeable scrip tickets at a discount of 20%.—Interchangeable Mileage Ticket Investigation, 77 I. C. C. 200. The Supreme Court invalidated this order in U. S. v. N. Y. C. R. R. Co., 263 U. S. 603, 68 L. Ed. 470, 44 Sup. Ct. 212. Thereupon, the Commission changed its previous order so as to require the issuance of interchangeable scrip tickets on basis of the standard fare.

§ 620. Discrimination May Be Prevented by Writ of Mandamus, Remedy Cumulative. That the circuit and district courts of the United States shall have jurisdiction upon the

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relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the Act to which this is a supplement and all Acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy, hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this Act or the Act to which it is a supplement.

New section, Section 23, added by Act of March 2, 1889, and being Section 10 of that Act.

Cited in support of the holding that a carrier cannot discriminate in favor of industries on his own line against industries on a connecting line.-Standard Lime & Stone Co. v. Cumberland V. R. Co., 15 I. C. C. 620. Remedy is given only for unjust discrimination.-United States v. N. & W. Ry. Co., 109 Fed. 831. Second suit abated pending appeal of the first one.-United States v. Norfolk & W. Ry. Co., 114 Fed. 682. Suit brought under authority of section and amendment of Feb. 8, 1895.-United States v. West Virginia N. R. Co., 125 Fed. 252; affirmed, holding that writ may run against individuals, West Virginia N. R. Co. v. United States, 134 Fed. 198, 67 C. C. A. 220. Writ will not issue to enforce a private contract for car distribution.-United States v. Norfolk & W. R. Co., 138 Fed. 849; reversed, holding that a right exists for an equal distribution of cars, and a contract there

for is in aid of the Act and may be enforced, same-styled case, 143 Fed. 266, 74 C. C. A. 404. Mandamus will not issue. in suit by United States except under authority of a statute.United States ex rel. Knapp et al. Commissioners v. Lake Shore & M. S. Ry. Co., 197 U. S. 536, 49 L. Ed. 870, 25 Sup. Ct. 538. Act cumulative and not exclusive of pre-existing remedies.-Tift v. So. Ry. Co., 123 Fed. 789, 138 Fed. 753; affirmed, So. Ry. Co. v. Tift, 148 Fed. 1021, 206 U. S. 428, 41 L. Ed. 1124, 27 Sup. Ct. 709. Car distribution determined in suit under section.-United States v. B. & O. R. Co., 154 Fed. 108. Sustained in so far as relief granted relator and reversed because other relief not granted, United States v. B. & O. R. Co., 165 Fed. 113, 91 C. C. A. 147. This section. does not prevent an individual from applying to the Commission, and this even when another operator has filed a complaint for mandamus.-Merchants Coal Co. v. Fairmont Coal Co., 160 Fed. 769, 88 C. C. A. 23. Appealed to Supreme Court, 163 Fed. 1021, 1022. Injunction will not issue to prevent considering private cars in making distribution of cars to coal companies.-Majestic Coal & Coke Co. v. Ill. Cent. R. Co., 162 Fed. 810. Private cars should be charged against their owners in making distribution.-United States ex rel. Pitcairn Coal Co. v. B. & O. R. Co., 165 Fed. 113.

Notes of Decisions Rendered Since 1909.

Right stated and case brought under this section.-B. & O. R. Co. v. United States ex rel. Pitcairn Coal Co., 215 U. S. 481, 54 L. Ed. 292, 30 Sup. Ct. 164; reversing U. S. ex rel. Pitcairn Coal Co. v. B. & O. R. Co., 165 Fed. 113, 91 C. C. A. 147; Hillsdale Coal & Coke Co. v. P. R. R. Co., 19 I. C. C. 356, 380. See also notes Section 20, Sec. 555, supra.

§ 621. Number, Terms, Qualification, Salary and Appointment of Commissioners.-That the Commission is hereby enlarged so as to consist of eleven 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 two additional

Interstate Commerce Commissioners, one for a term expiring December 31, 1923, and one for a term expiring December 31, 1924. 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 successors of the additional commissioners 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 six commissioners shall be appointed from the same political party. Hereafter the salary of the secretary of the Commission shall be $7,500 a year.

Section 24 as amended by Transportation Act, 1920. The former section was enacted June 29, 1906 and amended June 18, 1910. The changes made by the new section are, increasing the number of Commissioners from 9 to 11, raising the salary from $10,000.00 to $12,000.00, and fixing the amount of the salary of the Secretary which was formerly $5,000.00. See Section 479, ante.

§ 622. Certain Water Carriers to File Schedules. That every common carrier by water in foreign commerce, whose vessels are registered under the laws of the United States. shall file with the Commission, within thirty days after this section becomes effective and regularly thereafter as changes are made, a schedule or schedules showing for each of its steam vessels intended to load general cargo at ports in the United States for foreign destinations (a) the ports of loading, (b) the dates upon which such vessels will commence to receive freight and dates of sailing, (c) the route and itinerary such vessels will follow and the ports of call for which cargo will be carried.

Paragraph (1) of Section 25 as added by Section 441 of Transportation Act, 1920.

§ 623. Information to be Furnished by Water Carriers.Upon application of any shipper a carrier by railroad shall make request for, and the carrier by water shall upon receipt of such request name, a specific rate applying for such

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