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UNITED STATES SENATE
TO AMEND THE INTERSTATE COMMERCE ACT, AS AMENDED,
MAY 20 AND 21, 1958
Printed for the use of the Committee on Interstate and Foreign Commerce
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
WARREN G. MAGNUSON, Washington, Chairman JOHN O. PASTORE, Rhode Island
JOHN W. BRICKER, Ohio A. S. MIKE MONRONEY, Oklahoma
ANDREW F. SCHOEPPEL, Kansas GEORGE A. SMATHERS, Florida
JOHN MARSHALL BUTLER, Maryland ALAN BIBLE, Nevada
CHARLES E. POTTER, Michigan STROM THURMOND, South Carolina
WILLIAM A. PURTELL, Connecticut FRANK J. LAUSCHE, Ohio
FREDERICK G. PAYNE, Maine
NORRIS COTTON, New Hampshire
HAROLD I. BAYNTON, Chief Counsel
Haddock, Hoyt S., executive secretary, AFL-CIO Maritime Com-
mittee, 132 Third Street SE., Washington, D. C. May 21, 1958.--- 162
O'Reilly, Harry E., executive secretary-treasurer, maritime trades
department, AFL-CIO, 815 16th Street NW., Washington, D. C..
Ames, Harry C., Ames, Hill & Ames, Washington, D. C., dated March
Letters and telegrams from-Continued
Ellender, Hon. Allen J., United States Senate, Washington, D. C.,
Sinclair, J., president and general manager, Luckenbach Steamship
Co., Inc., 120 Wall Street, New York, N. Y., dated May 14, 1958-
711 Third Avenue, New York, N. Y., dated May 22, 1958--------
AFL-CIO, 4818 Deanne Street, New Orleans, La----
Association, Chicago, Ill., dated May 23, 1958.---
Wellen, John L., Seatrain Lines, Inc., New York, N. Y., dated May 22,
Bienville Street, New Orleans, La., dated May 13, 1958.
RATEMAKING RULE-ICC ACT
TUESDAY, MAY 20, 1958
UNITED STATES SENATE,
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.