necticut ine shire Langdon, Jervis, Jr., gene Leighton, Leon, vice pres Railroad Co., Paterson Railroad Telegraphers, Leighty, G. E., Chairma Wheeler, Hon. Burton K., Statement submitted by- Mack, Harry M., presid O'Reilly, Harry E., exe Letters and telegrams from— Ash, E. C., traffic manage Letters and telegrams from-Continued Ellender, Hon. Allen J., United States Senate, Washington, D. C., Fitch, William K., president, Dravo Corp., Pittsburgh, Pa., dated Henderson, J. D., national managing director, American Association Ingersoll, A. C., Jr., chairman of the board, the American Waterways Operators, Inc., Washington, D. C., dated May 23, 1958. Kuchel, Hon. Thomas H., United States Senate, Washington, D. C., Loomis, Daniel P., Association of American Railroads, Transportation Magnuson, Hon. Warren G., chairman, Senate Committee on Inter- Magnuson, Hon. Warren G., chairman, Senate Committee on Inter- state and Foreign Commerce, dated May 28, 1958---. Olson, E. Whitney, president, Oliver J. Olson & Co., 121 North San Sinclair, J., president and general manager, Luckenbach Steamship Thompson, A. M., president, Inland Waterways Common Carriers 193 186 64 58 65 185 63 33 64 189 RATEMAKING RULE-ICC ACT TUESDAY, MAY 20, 1958 UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The committee met, pursuant to notice, at 2: 30 p. m., in room G-16, United States Capitol, Senator George A. Smathers presiding. Senator SMATHERS. Gentlemen, if the meeting will come to order, it is 2:30, and the meeting was announced for 2:30. There will be undoubtedly some other Senators who will show up. This afternoon's hearings are scheduled before the full Interstate and Foreign Commerce Commission on section 5, the so-called ratemaking section of Senate bill 3778, which bill has been termed the Transportation Act of 1958. (The bill referred to is as follows:) [S. 3778, 85th Cong., 2d sess.] A BILL To amend the Interstate Commerce Act, as amended, so as to strengthen and improve the national transportation system, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Transportation Act of 1958." SEC. 2. Section 1 of the Interstate Commerce Act, as amended, is amended (1) by inserting in subparagraph (a) of paragraph (2) thereof, after the word "aforesaid" and before the semicolon following that word, the words "except as otherwise provided in this part” and (2) by striking out the period at the end of the proviso in subparagraph (a) of paragraph (17) thereof and inserting in lieu thereof the following "and except as otherwise provided in this part." SEC. 3. (a) The first sentence of paragraph (4) of section 13 of the Interstate Commerce Act, as amended, is amended to read as follows: "(4) Whenever in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce on the one hand and interstate or foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against, or undue burden on, interstate or foreign commerce (which the Commission may find without considering in totality the operations or results thereof of any carrier, or group or groups of carriers wholly within any State), which is hereby forbidden and declared to be unlawful, it shall prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed, in such manner as, in its judgment, will remove such advantage, preference, prejudice, discrimination, or burden: Provided, That upon the filing of any petition authorized by the provisions of paragraph (3) hereof to be filed by the carrier concerned, the Commission shall forthwith institute an investigation as aforesaid into the lawfulness of such rate, fare, charge, classification, regulation, or practice (whether or not theretofore considered by any State agency or authority and without NOTE. Staff members assigned to the hearings: Frank L. Barton and William L. Kohler. 1 |