TO AMEND THE INTERSTATE COMMERCE ACT, AS AMENDED, PURPOSES MAY 20 AND 21, 1958 Printed for the use of the Committee on Interstate and Foreign Commerce COMMITTEE ON INTERSTATE AND FOREIGN CON IERCE WARREN G. MAGNUSON, Washington, Chairman JOAN 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 CONTENTS Arnold, Grant, general traffic manager, E. J. Lavino & Co., Phila- delphia, Pa., and president, National Industrial Traffic League, 711 14th Street NW., Washington, D. C., May 21, 1958.-- Arpaia, Hon. Anthony, Commissioner, Interstate Commerce Com- mission, Washington, D. C., May 20, 1958.. Dewey, Ralph B., president, Pacific American Steamship Association, 16 California Street, San Francisco, Calif., May 20, 1958.. Freas, Hon. Howard G., Chairman, Interstate Commerce Commis- sion, Washington, D. C., accompanied by Commissioners Anthony F. Arpaia and Robert W. Minor, May 21, 1958.. Haddock, Hoyt S., executive secretary, AFL-CIO Maritime Com- mittee, 132 Third Street SE., Washington, D. C. May 21, 1958. 162 Operators, Inc., 1625 Conn. Avenue NW., Washington, May 21, 104 Langdon, Jervis, Jr., general counsel, Baltimore & Ohio Railroad Co., Baltimore, Md., May 21, 1958.. Leighton, Leon, vice president, New York, Susquehanna & Western Railroad Co., Paterson, N. J., and president of the Brotherhood of 30, 125 Leighty, G. E., Chairman, Railway Labor Executives Association, Pinkney, James E., general counsel, American Trucking Associations, 1424 16th Street NW., Washington, D. C., May 21, 1958- Taylor, G. C., president, Mississippi Valley Barge Line Co., St. Louis, Mo., accompanied by Harry C. Ames, attorney, May 21, 1958.-- 91 Weiss, Abraham, economist, International Brotherhood of Teamsters, 25 Louisiana Avenue NW., Washington, D. C., May 20, 1958- Weller, John L., president, Seatrain Lines, Inc., 711 Third Avenue, New York, N. Y., and representing Pan Atlantic Steamship Corp., Wheeler, Hon. Burton K., Southern Building, Washington, D. C., May 6 Hansen, H. Robert, Jr., president, Hansen Pacific Corp., Fortuna, Mack, Harry M., president, Ohio Valley Improvement Association, 61 tional Farmers Union, 1404 New York Avenue NW., Washington, 59 department, AFL-CIO, 815 16th Street NW., Washington, D. C.. 65 Ames, Harry C., Ames, Hill & Ames, Washington, D. C., dated March 97 197 Chandler, Ralph, vice president, Matson Navigation Co., Los Angeles, Clark, Hon. Joseph S., United States Senate, Washington, D. C., Coleman, Č. W., secretary, Louisiana Public Service Commission, Baton Rouge, La., dated May 22, 1958_ Ellender, Hon. Allen J., United States Senate, Washington, D. C., 63 Page 196 109 193 190 191 186 64 195 58 Letters and telegrams from—Continued Ellender, Hon. Allen J., United States Senate, Washington, D. C., dated 'May 28, 1958.. May 16, 1958. Washington, D. C., dated March 27, 1958.-.. of Small Business, New Orleans, La., dated May 23, 1958. Operators, Inc., Washington, D. C., dated May 23, 1958.-- dated May 26, 1958.-- Building, Washington, D. C., dated May 23, 1958.- state and Foreign Commerce, Capitol Building, Washington, D. C., state and Foreign Commerce, dated May 28, 1958.- Mateo Drive, San Mateo, Calif., dated May 15, 1958- partment, AFL-CIO, Washington, D. C., dated May 13, 1958.. Inc., 1424 16th Street NW., Washington, D. C., dated May 23, 1958 , 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- dated April 22, 1958.. 1958 Bienville Street, New Orleans, La., dated May 13, 1958. Civil Aeronautics Board, dated May 19, 1958. 65 185 63 33 64 189 146 188 64 204 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 ch ed, 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 |