trade. Mr. Sidney Buxton was then president of the board of trade, is now governor general of South Africa. I found the board of trade was a great organization, and they are always on the job and guard jealously the development of England's trade in every trade area of the world. And that is what we need here. I do not know of any reason why the Shipping Board, having been created-and so far it has proved itself equal to the task-should not continue to be vested with the power to administer this law, and if there should be conflicts in the future, then those conflicts can be met by legislation, so that their work can be coordinated with that of the Interstate Commerce Commission, and any possible conflicts may be remedied by legislation.

The CHAIRMAN. The committee is very much obliged to you, Judge. STATEMENT OF HON. GEORGE W. EDMONDS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF PENNSYLVANIA.

The CHAIRMAN. Mr. Edmonds, do you want to supplement Mr. Alexander's remarks?

Mr. EDMONDS. Yes. Mr. Chairman, Judge Alexander and myself represent the Merchant Marine Committee. The Merchant Marine Committee, after the Esch bill was introduced, went over the bill very carefully and unanimously agreed that it would be a calamity to the shipping of this country if the bill as originally introduced was passed; that is, that the supervision of the Interstate Commerce Commission was definitely placed over the foreign shipping of the country and definitely placed over the shipping in the Great Lakes and in the coastwise traffic. I have had prepared by Mr. Manghum, who is an expert, a pamphlet here, showing the conflicting provisions of the two bills which, if you would like, I will put in the hearings at this time.

The CHAIRMAN. You mean between the bill and the shipping act? Mr. EDMONDS. Yes; your bill and the shipping act.

The CHAIRMAN. Yes. Very well.

(The paper referred to is as follows:)

JURISDICTIONAL PROVISIONS OF THE ORIGINAL SHIPPING ACT AS COMPARED WITH CONFLICTING PROVISIONS OF THE ESCH BILL, H. R. 4378.

In examining the appended statement, it must be borne in mind that the provisions of the Esch bill extending the jurisdiction of the Interstate Commerce Commission over the water carriers now subject to the Shipping Board will likewise subject such carriers to many provisions of the act to regulate commerce, which were never included in the shipping act.

U. S. shipping act.

SECTION 1, PARAGRAPH 2. The term 'common carrier by water in interstate commerce" means a common carrier engaged in the transportation by water of passengers or property on the high seas or the Great Lakes on regular routes from port to port between one State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or posses-ion.

The term "common carrier by water" means a common carrier by water in foreign commerce or a common carrier by water in interstate commerce on the high seas or the Great Lakes on regular routes from port to port.

H. E. MANGHUM, Examiner.

Esch bill, H. R. 4378.

SECTION 1. That the provisions of this act shall apply to all common carriers engaged in(a) The transportation of passengers or property *by water.

**

(c) The transmission of intelligence by wire or wireless-From one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States through a foreign country to any other place in the United States, or from any place in the United States to an adjacent foreign country, or from an adjacent foreign country to any place in the United States; and also to such

U. S. shipping act.

SEC. 1, PAR. 4. The term "other person subject to this act" means any person not included in the term "common carrier by water" carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier by water.

Esch bill, H. R. 4378.

transportation of passengers and property

and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country. The term "water" * ** shall include the lakes, rivers, canals, and other inland waterways within or bordering on the United States or the Territory of Alaska, the Panama Canal, and all waters within or without the three-mile limit from the coast of the United States or the Territory of Alaska traversed by vessels permitted to engage in the coast wise trade of the United States.

and

SECTION 1, SUBPARAGRAPH (C), PARAGRAPH 2. *The term "transportation" *** shall include *** vessels, and all instrumentalities and facilities of shipment or carriage, * * all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported.

SEC. 2, PAR. 5. Whenever the commission shall be of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists ** * the commission shall have, and it is hereby given, authority

by order to require such joint or common use of terminals as in its opinion will best meet the emergency and serve the public interest, and upon such just and reasonable terms between the carriers as the commission may prescribe, **

SEC. 4. All carriers subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers, property, *** to and from their several lines and those connecting therewith, and shall not discriminate in their rates, fares, and charges between such connecting lines. The commission may require the terminals of any carrier to be open to the traffic of other carriers upon just and reasonable terms and conditions,

Section 9 authorizes the commission:

(a) To establish physical connection between the lines of the carrier and the dock at which interchange of passengers or property is to be made by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of the railroad right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct a suitable dock and construct and connect with the lines of the rail carrier a track or tracks to the dock. Such dock shall be considered a terminal, within the meaning of that term as used in other sections of the act, and the powers here conferred are in addition to those provided in other sections. The provisions of this paragraph shall extend to cases where the dock is not owned by any carrier involved.

SEC. 5. * ** That whenever the commission shall be of opinion, after hearing upon application of any carrier or carriers subject to this act, or upon its own initiative, that the unification, consolidation, or merger by purchase, lease, stock control, or in any other way, similar or dissimilar, of two or more carriers subject to this act, or of the ownership or op

thereof, or that the pooling of their traffic, earnings, or facilities to the extent indicated by the commission, will be in the interest of better service to the

SEC. 15. That every common carrier by water, or other person subject to this act, shall file immediately with the board a true copy, or, if oral, a true and complete memorandum of every agreement with another such carrier or other person subject to this act, or modification or cancellation thereof, to which it may be a party or conform in whole or in part, fixing or regularing transportation rates or fares; giving or re-eration of their properties, or of designated portions ceiving special rates, accommodations, or other special privileges or advantages; controlling, regulating, preventing, or destroying competition; pooling or apportioning earnings, losses, or traffic; allotting ports or restricting or otherwise regulating the number and character of sailings between ports; limiting or regulating in any way the volume or character of freight or passenger traffic to be carried; or in any manner providing for an exclusive, preferential, or cooperative working arrangement. The term "agreement" in this section includes understandings, conferences, and other arrangements.

public, or economy in operation, or otherwise of advantage to the convenience and commerce of the people, the commission shall have authority by order to approve and authorize such unification, consolidation, merger, or pooling, under such rules and regulations, and for such consideration as between the said carriers and upon such terms and conditions as shall be found by the commission to be just . and reasonable in the premises.

U. S. shipping act.

Third. To induce, persuade, or otherwise influence any marine insurance company or underwriter, or agent thereof, not to give a competing carrier by water as favorable a rate of insurance on vessel or cargo, having due regard to the class of vessel or cargo, as is granted to such carrier or other person subject to this act.

ance,

Esch bill, H. R. 4378.

SEC. 7. That every common carrier subject to SEC. 18. That every common carrier by water in this act shall file with the commission and print interstate commerce shall establish, observe, and en- and keep open to public inspection schedules showforce just and reasonable rates, fares, charges, classi-ing all the rates, fares, and charges for transporation fications, and tariffs, and just and reasonable regula-*** between different points on its own route tions and practices relating there to and to the issu- and between points on its own route and points on form and substance of tickets, receipts, and the route of any other carrier subject to this act bills of lading, the manner and method of presenting, when a through rate and joint rate have been estabmarking, packing, and delivering property for trans- lished. If no joint rate over the through route has portation, the carrying of personal, sample, and ex- been established, the several carriers in such cess baggage, the facilities for transportation, and all through route shall file, print, and keep open to other matters relating to or connected with the re- public inspection, as aforesaid, the separately estab ceiving, handling, transporting, storing, or deliver- lished rates, fares, and charges applied to the ing of property. through transportation **. The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried * * and shall contain the classification of freight * in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the commission may require, all privileges or facilities granted or allowed, and any rules or regulations which in any waise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges or the value of the service rendered to those for whom the service is performed. Such schedule shall be plainly printed in large type, and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office, such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. The provisions of this section shall apply to all traffic, transportation, *** and facilities defined in this act.

Every such carrier shall file with the board and keep open to public inspection, in the form and manner and within the time prescribed by the board, the maximum rates, fares, and charges for or in connection with transportation between points on its own route; and if a through route has been established, the maximum rates, fares, and charges for or in connection with transportation between points on its own route and points on the route of any other carrier by

water.

No such carrier shall demand, charge, or collect a greater compensation for such transportation than the rates, fares, and charges filed in compliance with this section, except with the approval of the board and after 10 days' public notice in the form and manner prescribed by the board, stating the increase proposed to be made; but the board for good cause shown may waive such notice.

Whenever the board finds that any rate, fare, charge, classification, tariff, regulation, or practice, demanded, charged, collected, or observed by such carrier is unjust or unreasonable, it may determine, prescribe, and order enforced a just and reasonable maximum rate, fare, or charge, or a just and reasonable classification, tariff, regulation, or practice.

SEC. 17, PAR. 2. Every such carrier and every other person subject to this act shall establish, observe, and enforce just and reasonable regulations and practices relating to or connected with the receiving, handling, storing, or delivering of property. Whenever the board finds that any such regulation or practice is unjust or unreasonable it may determine, prescribe, and order enforced a just and reasonable regulation or practice.

sion shall be of opinion that any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers subject to this act for the transportation of persons or property *** or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers *** is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this act, the commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or joint rate, fare, or charge, or rates, fares, or charges, to be thereafter observed in such case, or the maximum or mini mum or maximum and minimum to be charged, and what individual or joint classification, regalation, or practice is or will be just, fair, and reasonable, to be thereafter fllowed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation

other than the rate, fare, or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practices › prescribed.

Whenever there shall be filed with the commis. sion any schedule stating a new individual or joint rate, fare, or charge, or any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare, or charge,