Board may disapprove, cancel or modify any agree ment. UNITED STATES SHIPPING ACT The board may by order disapprove, cancel, or modify any agreement, or any modification or cancellation thereof, whether or not previously approved by it, that it finds to be unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or ports, or between exporters from the United States and their foreign competitors, or to operate to the detriment of Must approve all the commerce of the United States, or to be in violation of this act, and shall approve all other agreements, modifications, or cancellations. others. Existing agreements lawful. be Ones approved by board to lawful. Ones approved excepted from anti-trust laws. 26 Stat. L., 209. Agreements existing at the time of the organization of the board shall be lawful until disapproved by the board. It shall be unlawful to carry out any agreement or any portion thereof disapproved by the board. All agreements, modifications, or cancellations made after the organization of the board shall be lawful only when and as long as approved by the board, and before approval or after disapproval it shall be unlawful to carry out, in whole or in part, directly or indirectly, any such agreement, modification, or cancellation. Every agreement, modification, or cancellation lawful under this section shall be excepted from the provisions of the act approved July second, eighteen hundred and ninety, entitled "An act to protect trade and commerce against unlawful restraints and monopolies," and amendments and acts supplementary thereto, and the provisions of sections seventy-three to seventyseven, both inclusive, of the act approved August twenty-seventh, eighteen hundred and ninety33 Stat. L., 730. four, entitled "An act to reduce taxation, to provide revenue for the Government, and for other purposes," and amendments and acts supplementary thereto. 28 Stat. L., 570. 37 Stat. L., 667. Penalty for failure to file agreements. No common carrier by water: Whoever violates any provision of this section shall be liable to a penalty of $1,000 for each day such violation continues, to be recovered by the United States in a civil action. SEC. 16. That it shall be unlawful for any common carrier by water, or other person subject to this act, either alone or in conjunction with any other person, directly or indirectlyTo give undue preference or advantage. To use unfair means and devices rates, etc. Το First. To make or give any undue or unreasonable preference or advantage to any particular locality, or description of traffic in any respect whatsoever, or to subject any particular person, locality, or description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Second. To allow any person to obtain transportation for property at less than the regular to obtain lower rates then established and enforced on the line of such carrier, by means of false billing, false classification, false weighing, false report of weight, or by any other unjust or unfair device or means. influence Third. To induce, persuade, or otherwise influence any marine insurance company or undercompanies to dis- writer, 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. SEC. 17. That no common carrier by water in foreign commerce shall demand, charge, or collect any rate, fare, or charge which is unjustly discriminatory between shippers or ports, or unjustly prejudicial to exporters of the United States, as compared with their foreign competitors. Not to charge Whenever the board finds that any such rate, fare, or charge is demanded, charged, or collected, or rates it may alter the same to the extent necessary to correct such unjust discrimination or prejudice, prejudicial to and make an order that the carrier shall discontinue demanding, charging, or collecting any such American exportunjustly discriminatory or prejudicial rate, fare, or charge. discriminatory rates ers. Must observe Every such carrier and every other person subject to this act shall establish, observe, and reasonable practices connected enforce just and reasonable regulations and practices relating to or connected with the receiving, with handling, handling, storing, or delivering of property. Whenever the board finds that any such regulation etc., of freight. or practice is unjust or unreasonable it may determine, prescribe, and order enforced a just and reasonable regulation or practice. Common carriers merce: in interstate com- SEC. 18. That every common carrier by water, in interstate commerce shall establish, observe, and enforce just and reasonable rates, fares, charges, classifications, and tariffs, and just and reasonMust observe able regulations and practices relating thereto and to the issuance, form, and substance of tickets, just and reasonable classifications, rates receipts, and bills of lading, the manner and method of presenting marking, packing and delivering fares, practices, etc. property for transportation, the carrying of personal, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with the receiving, handling, transporting, storing, or delivering of property. Maximum rates, fares, etc., to be Every such carrier shall file with the board and keep open to public inspection, in the form and filed with board manner, and within the time prescribed by the board, the maximum rates, fares, and charges for and kept open to 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. public. Not to charge higher rates than those filed. UNITED STATES SHIPPING ACT 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 ten 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 pracmaximum rates, tice, 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. Board may prescribe reasonable etc. to increase of rates Restriction on SEC. 19. That whenever a common carrier by water in interstate commerce reduces its rates drive on the carriage of any species of freight to or from competitive points below a fair and remunerative basis with the intent of driving out or otherwise injuring a competitive carrier by water, it shall not increase such rates unless after hearing the board finds that such proposed increase rests upon changed conditions other than the elimination of said competition. detrimental shipper or to signee not to be disclosed, ited, etc. SEC. 20. That it shall be unlawful for any common carrier by water or other person subject to this act, or any officer, receiver, trustee, lessee, agent, or employee of such carrier or person, or Information for any other person authorized by such carrier or person to receive information, knowingly to con- disclose to or permit to be acquired by any person other than the shipper or consignee, without solic- the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such common carrier or other person subject to this act for transportation in interstate or foreign commerce, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor, or which may be used to the detriment or prejudice of any carrier; and it shall also be unlawful for any person to solicit or knowingly receive any such information which may be so used. Giving of information on legal process, etc. In traffic etc. Nothing in this act shall be construed to prevent the giving of such information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States, or of any State, Territory, District, or possession thereof, in the exercise of his powers, or to any officer or other duly authorized person seeking such information adjusting for the prosecution of persons charged with or suspected of crime, or to another carrier, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers. accounts, Filing of reports, records, rates, etc., may be required of any person subject to the act. Penalty failure to file. Penalty for filing false reports, etc. Complaint of any violation may be filed by any person. Remedy violations. SEC. 21. That the board may require any common carrier by water, or other person subject to this act, or any officer, receiver, trustee, lessee, agent, or employee thereof, to file with it any periodical or special report, or any account, record, rate, or charge, or any memorandum of any facts and transactions appertaining to the business of such carrier or other person subject to this act. Such report, account, record, rate, charge, or memorandum shall be under oath whenever the board so requires, and shall be furnished in the form and within the time prescribed by the board. Whoever fails to file any report, account, record, rate, charge, or memorandum as required by this section shall forfeit to the United States the sum of $100 for each day of such default. for Whoever wilfully falsifies, destroys, mutilates, or alters any such reports, account, record, rate, charge, or memorandum, or wilfully files a false report, account, record, rate, charge, or memorandum shall be guilty of a misdemeanor, and subject upon conviction to a fine of not more than $1,000, or imprisonment for not more than one year, or to both such fine and imprisonment. SEC. 22. That any person may file with the board a sworn complaint setting forth any violation of this act by a common carrier by water, or other person subject to this act, and asking reparation for the injury, if any, caused thereby. The board shall furnish a copy of the complaint to such carrier or other person, who shall within a reasonable time specified by the board, satisfy the complaint or answer it in writing. If the complaint is not satisfied the board shall, except as otherwise provided in this act, investigate it in such manner and by such means, and make such order as it deems proper. The board, if the complaint is filed within two years after the cause of action accrued, may direct the payment, on or before a day named, of full reparation to the complainant for the injury caused by such violation. for Investigations by board on own motion. Orders of board. The board, upon its own motion, may in like manner and, except as to orders for the payment of money, with the same powers, investigate any violation of this act. SEC. 23. Orders of the board relating to any violation of this act shall be made only after full hearing, and upon a sworn complaint or in proceedings instituted of its own motion. All orders of the board other than for the payment of money made under this act shall continue in force for such time, not exceeding two years, as shall be prescribed therein, by the board, unless suspended, modified, or set aside by the board or any court of competent jurisdiction. Written reports of hearings to be kept. Such reports as evidence. Board may reverse, modify, etc., UNITED STATES SHIPPING ACT SEC. 24. That the board shall enter of record a written report of every investigation made under this act in which a hearing has been held, stating its conclusions, decision, and order, and, if reparation is awarded, the findings of fact on which the award is made, and shall furnish a copy of such report to all parties to the investigation. The board may publish such reports in the form best adapted for public information and use, and such authorized publications shall, without further proof or authentication, be competent evidence of such reports in all courts of the United States and of the States, Territories, Districts, and possessions thereof. SEC. 25. That the board may reverse, suspend, or modify, upon such notice and in such manorders and grant ner as it deems proper, any order made by it. Upon application of any party to a decision or rehearings. order it may grant a rehearing of the same or any matter determined therein, but no such application for or allowance of a rehearing shall, except by special order of the board, operate as a stay of such order. Investigation of discriminations by ments on such to President. SEC. 26. The board shall have power, and it shall be its duty whenever complaint shall be foreign Govern- made to it, to investigate the action of any foreign Government with respect to the privileges against American vessels. afforded and burdens imposed upon vessels of the United States engaged in foreign trade whenever it shall appear that the laws, regulations, or practices of any foreign Government operate in such a manner that vessels of the United States are not accorded equal privileges in foreign trade with vessels of such foreign countries or vessels of other foreign countries, either in trade Board to report to or from the ports of such foreign country or in respect to the passage or transportation through such foreign country of passengers or goods intended for shipment or transportation in such vessels of the United States, either to or from ports of such foreign country or to or from ports of other foreign countries. It shall be the duty of the board to report the results of its investigation to President to se the President with its recommendations, and the President is hereby authorized and empowered cure equal privileges for American to secure by diplomatic action equal privileges for vessels of the United States engaged in such foreign trade. And if by such diplomatic action the President shall be unable to secure such equal privileges then the President shall advise Congress as to the facts and his conclusions by a special message, if deemed important in the public interest, in order that proper action may be taken thereon. vessels. Power to subpoena witnesses, etc. SEC. 27. That for the purpose of investigating alleged violations of this act, the board may by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence from any place in the United States at any designated place of hearing. Subpoenas may be signed by any commissioner, and oaths or affirmations may be administered, witnesses examined, and evidence received by any commissioner or examiner, or, under the direcFees of witnesses. tion of the board, by any person authorized under the laws of the United States or of any State, Territory, District, or possession thereof, to administer oaths. Persons so acting under the direcEnforcement of tion of the board and witnesses shall, unless employees of the board, be entitled to the same fees subpoenas. and mileage as in the courts of the United States. Obedience to any such subpoena shall, on application by the board, be enforced as are orders of the board other than for the payment of money. Giving of self- SEC. 28. That no person shall be excused, on the ground that it may tend to incriminate incriminating evidence by witnesses him or subject him to a penalty or forfeiture, from attending and testifying, or producing books, may be enforced. papers, documents, and other evidence, in obedience to the subpoena of the board or of any court in any proceeding based upon or growing out of any alleged violation of this act; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transBut no witness action, matter, or thing as to which, in obedience to a subpoena and under oath, he may so testify be prosecuted on such evidence. or produce evidence, except that no person shall be exempt from prosecution and punishment for perjury committed in so testifying. to orders. Where suits to Enforcement of SEC. 29. That in case of violation of any order of the board, other than an order for the payment of money, the board, or any party injured by such violation, or the Attorney-General, may apply to a district court having jurisdiction of the parties; and if, after hearing, the court deter(a) Other than mines that the order was regularly made and duly issued, it shall enforce obedience thereto by a for payment of money. writ of injunction or other proper process, mandatory or otherwise. be filed. (b) For payment of money. SEC. 30. That in case of violation of any order of the board for the payment of money, the person to whom such award was made may file in the district court for the district in which such person resides, or in which is located any office of the carrier or other person to whom the order was directed, or in which is located any point of call on a regular route operated by the carrier, or in any court of general jurisdiction of a State, Territory, District, or possession of the United States having jurisdiction of the parties. a petition or suit setting forth briefly the causes for which he claims damages and the order of the board in the premises. Findings and orders of board as evidence. Costs and torney's fees. at Joinder of parties permitted. UNITED STATES SHIPPING ACT In the district court the findings and order of the board shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs, nor shall he be liable for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If a petitioner in a district court finally prevails, he shall be allowed a reasonable attorney's fee, to be taxed and collected as part of the costs of the suit. All parties in whose favor the board has made an award of reparation by a single order may be joined as plaintiffs, and all other parties to such order may be joined as defendants, in a single suit in any district in which any one such plaintiff could maintain a suit against any one such Service of proc-defendant. Service of process against any such defendant not found in that district may be made in any district in which is located any office of, or point of call on a regular route operated by, such defendant. Judgment may be entered in favor of any plaintiff against the defendant liable to that plaintiff. ess. Time for filing of suits. Venue and procedure. General penalty provision. Interstate Com No petition or suit for the enforcement of an order for the payment of moneys shall be maintained unless filed within one year from the date of the order. SEC. 31. That the venue and procedure in the courts of the United States in suits brought to enforce, suspend, or set aside, in whole or in part, any order of the board shall, except as herein otherwise provided, be the same as in similar suits in regard to orders of the Interstate Commerce Commission, but such suits may also be maintained in any district court having jurisdiction of the parties. SEC. 32. That whoever violates any provision of this act, except where a different penalty is provided, shall be guilty of a misdemeanor, punishable by fine not to exceed $5,000. Jurisdiction of SEC. 33. That this act shall not be construed to affect the power or jurisdiction of the Intermerce Commission state Commerce Commission, nor to confer upon the board concurrent power or jurisdiction over not to be encroached upon. any matter within the power or jurisdiction of such commission; nor shall this act be construed to apply to intrastate commerce. Effect of cisions on stitutionality. Initial priation. de con SEC. 34. That if any provision of this act, or the application of such provision to certain circumstances, is held unconstitutional, the remainder of the act, and the application of such provision to circumstances other than those as to which it is held unconstitutional, shall not be affected thereby. appro- SEC. 35. That for the fiscal year ending June thirtieth, nineteen hundred and seventeen, the sum of $100,000 is hereby appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, for the purpose of defraying the expenses of the establishment and maintenance of the board, including the payment of salaries herein authorized. Clearance may be denied vessel SEC. 36. The Secretary of the Treasury is authorized to refuse a clearance to any vessel or for refusal to take other vehicle laden with merchandise destined for a foreign or domestic port whenever he shall cargo offered by citizen of United have satisfactory reason to believe that the master, owner, or other officer of such vessel or other States. vehicle refuses or declines to accept or receive freight or cargo in good condition tendered for such port of destination or for some intermediate port of call, together with the proper freight or transportation charges therefor, by any citizen of the United States, unless the same is fully laden and has no space accommodations for the freight or cargo so tendered, due regard being had for the proper loading of such vessel or vehicle, or unless such freight or cargo consists of merchandise for which such vessel or vehicle is not adaptable. During war emergency: or SEC. 37. That when the United States is at war or during any national emergency, the existence of which is declared by proclamation of the President, it shall be unlawful, without first obtaining the approval of the board: No vessel to be transferred to foreign registry. No vessel, shipyard, etc., to be sold, mortgaged, to foreigner. No contract construct for foreign account. (a) To transfer to or place under any foreign registry or flag any vessel owned in whole or in part by any person a citizen of the United States or by a corporation organized under the laws of the United States, or of any State, Territory, District, or possession thereof; or (b) To sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to any person not a citizen of the United States, (1) any such vessel or any interest therein, or (2) any vessel documented under the laws of the United States, or any interest therein, or (3) any shipyard, dry dock, ship-building or ship-repairing plant or facilities, or any interest therein; or to (c) To enter into any contract, agreement, or understanding to construct a vessel within the United States for or to be delivered to any person not a citizen of the United States, without expressly stipulating that such construction shall not begin until after the war or emergency proclaimed by the President has ended; or No agreement to vest control in foreigners. (d) To make any agreement or effect any understanding whereby there is vested in or for the benefit of any person not a citizen of the United States, the controlling interest or a majority of the voting power in a corporation which is organized under the laws of the United States, or of any State, Territory, District, or possession thereof, and which owns any vessel, shipyard, dry dock, or ship-building or ship-repairing plant or facilities; or built vessels to UNITED STATES SHIPPING ACT No American- (e) To cause or procure any vessel constructed in whole or in part within the United States depart until docu- which has never cleared for any foreign port, to depart from a port of the United States before it has been documented under the laws of the United States. mented. Penalty. Forfeiture. Contracts agreements violation of tion void. and in Whoever violates, or attempts or conspires to violate, any of the provisions of this section shall be guilty of a misdemeanor, punishable by a fine of not more than $5,000, or by imprisonment for not more than five years, or both. Any vessel, shipyard, dry dock, ship-building or ship-repairing plant or facilities, or interest therein, sold, mortgaged, leased, chartered, delivered, transferred, or documented, or agreed to be sold, mortgaged, leased, chartered, delivered, transferred, or documented, in violation of any of the provisions of this section, and any stocks, bonds, or other securities sold or transferred, or agreed to be sold or transferred, in violation of any of such provisions, or any vessel departing in violation of the provisions of subdivision (e), shall be forfeited to the United States. Any such sale, mortgage, lease, charter, delivery, transfer, documentation, or agreement sec- therefor shall be void whether made within or without the United States, and any consideration paid therefor or deposited in connection therewith shall be recoverable at the suit of the person who has paid or deposited the same, or of his successors or assigns, after the tender of such vessel, shipyard, dry dock, ship-building or ship-repairing plant or facilities, or interest therein, or of such stocks, bonds, or other securities, to the person entitled thereto, or after forfeiture thereof to the United States, unless the person to whom the consideration was paid, or in whose interest it was deposited, entered into the transaction in the honest belief that the person who paid or deposited such consideration was a citizen of the United States. Consideration may be recovered. Prosecutions forfeitures. of file declaration as with collector of customs. SEC. 38. That all forfeitures incurred under the provisions of this act may be prosecuted in the same court, and may be disposed of in the same manner, as forfeitures incurred for offenses against the law relating to the collection of duties. SEC. 39. That in any action or proceeding under the provisions of this act to enforce a forfeiture the conviction in a court of criminal jurisdiction of any person for a violation thereof with respect to the subject of the forfeiture shall constitute prima facie evidence of such violation against the person so convicted. SEC. 40. That whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part thereof, or interest therein, is presented to any collector of the customs to be Transferee must recorded, the vendee, mortgagee, or transferee shall file therewith a written declaration in such to citizenship, etc., form as the board may by regulation prescribe, setting forth the facts relating to his citizenship, and such other facts as the board requires, showing that the transaction does not involve violation of any of the provisions of section nine or thirty-seven. Unless the board, before such presentation, has failed to prescribe such form, no such bill of sale, mortgage, hypothecation, or conveyance shall be valid against any person whatsoever until such declaration has been filed. Any declaration filed by or in behalf of a corporation shall be signed by the president, secretary, or treasurer thereof. Penalty for false statement. prove transactions conditionally. Whoever knowingly makes any false statement of a material fact in any such declaration shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both. SEC. 41. That whenever by said section nine or thirty-seven the approval of the board is Board may ap required to render any act or transaction lawful, such approval may be accorded either absolutely or upon such conditions as the board prescribes. Whenever the approval of the board is accorded upon any condition a statement of such condition shall be entered upon its records and incorporated in the same document or paper which notifies the applicant of such approval. A violation of such condition so incorporated shall constitute a misdemeanor and shall be punishable by for fine and imprisonment in the same manner, and shall subject the vessel, stocks, bonds, or other subject matter of the application conditionally approved to forfeiture in the same manner as though the act conditionally approved had been done without the approval of the board, but the offense shall be deemed to have been committed at the time of the violation of the condition. Penalty breach of conditions. making false Whenever by this act the approval of the board is required to render any act or transaction Penalty for lawful, whoever knowingly makes any false statement of a material fact to the board, or to any statements of fact member thereof, or to any officer, attorney, or agent thereof, for the purpose of securing such to secure board's approval. approval, shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both. considered docu SEC. 42. That any vessel registered, enrolled, or licensed under the laws of the United States Vessels to be shall be deemed to continue to be documented under the laws of the United States within the mented until reg- meaning of subdivision (b) of section thirty-seven until such registry, enrollment, or license is istry, enrollment, or license is can- surrendered with the approval of the board, the provisions of any other act of Congress to the celed by board. contrary notwithstanding. President to is sue proclamation SEC. 43. That the fact that a war or emergency has ended shall, for the purposes of this act, when emergency be evidenced by a proclamation of the President. ends. Title of act. SEC. 44. That this act may be cited as "Shipping act, 1916." |