The Washington herald., 1922-07-25

tribution of food and coal in the
railroad crisis may be taken
over by the Interstate Commerce
Commission under the powers
conferred by Paragraphs Is, 1s
and II of Section 400 of the
Transportation Act of 1920.
The broad powers conferred
in this law amount almost to
dictatorship of the railways in
time of emergency"
The three paragraphs in full
follow:
Is. Whenever the commission
is of the opinion that shortage
of equipment. congestion of
traffic. or other emergency re-
quirinG immediate action exists
in any section of the country.
the commission shall have, and
is hereby given, authority.
either upon complaint or upon
its own initiative without COM
plant. at once. II II so orders.
without answer or other formal
pleading by the interested car
rier or carriers. and with OF
without notice, hearing. or the
making and fling of a report.
according as the commission
(a) to suspend the operation
may determine:
of any or all rules. regulations.
or practices then established
with respect to car service for
such time as may be determined
by the commission:
May Allocate Cars.
(b) to make such just and
reasonable directions with re-
spect to car service without
regard to the ownership as
between carriers oflocomottves,
cars, and other vehicles, dur
ing such emergency as in its
opinion will best promote the
service in the interest of the
public and the commerce of
the people, upon such terms of
compensation as between the
carriers as they may agree up
on, or, in the event of their
disagreement, as the commits
sion may after subsequent
hearing find to be just and
reasonable.
(c) to require such joint and
common use of terminals. In
cluding mainline track or
tracks for a reasonable dis
tance outside of such terminals.
as in its opinion will best meet
the emergency and serve the
public interest, and upon such
terms between the carriers as
they may agree upon, or, in
the event of their disagreement
as the commission may after
subsequent hearing find to be
just and reasonable: and
(d) to give directions for
preference or priority in trans
portation. embargoes. or move
ment of traffic under permits.
at such time and for such per-
iods as II may determine, and
to modify. change, suspend, or
annul them. In time of war or
threatened war the President
" Nhc
that It Is essential to the ma
tional defense and security
that certain traffic shall have
preference or priority in trans
portation. and the commission
shall. under the power herein
conferred, direct that such pref
erence or priority be afforded.
May Route Traffic.
16. Whenever the commission Is
the opinion that any carrier by
railroad subject to this act is
for any reason unable to sup
port the traffic offered 1t so as
properly to serve the public, it
may, upon the same procedure
as provided in paragraph Is
make such just and reasonable
r directions with respect to the
handling. routing. and move
ment of the traffic of such car
rier and its distribution over
other lines of roads, as in the
opinion of the commission will
best promote the service in the
interest of the public and the
commerce of the people, and
upon such terms as between the
carriers as they may agree
upon, or, In the event of their
disagreement. as the commits
sion may after subsequent hear
ing find to be just and reason
able.
May Designate Agents.
II. The directions of the COM
mission as to car service and to
the matters referred to in para
graphs Is and 16 may be made
through or by such agents or
agencies as the commission shall
designate and appoint for that
purpose. 1t shall be the duty
Of all carriers by railroad sub
tect to this act. and Of their
officers, agents. and employees,
to obey strictly and conform
promptly to such orders or d.
rections of the commission, and
in case of fafIuro - rafu~or -