OCR Text |
Show 81 Moreover, in connection with competition between water and rail carriers, it should be noted that it is unlawful for any com- mon carrier by railroad or water: ** to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates * * *. The exceptions to this requirement allowed in special cases "shall not permit the establishment of any charge to or from the more distant point that is not reasonably compensatory for the service performed; and no such authorization shall be granted on account of merely potential water competition not actually in existence." *" Whenever a carrier by railroad shall in com- petition with a water route reduce its rate to or from competitive points, it shall not be permitted to increase such rates unless after hearing the Commission finds the proposed increase rests upon changed conditions "other than the elimination of water competition." m Obligation to Serve.-It is the duty of every common car- rier by water, with respect to transportation subject to the Act which it undertakes or holds itself out to perform, or which it is required by the Act to perform, "to provide and furnish such transportation upon reasonable request."47 By its nature, of course, contract carrier service involves no similar requirement. Certificates.-By means of its authority to grant certifi- cates, the Commission controls, with some exceptions, entry into and exit from the business of common-carrier transporta- tion by water. No common carrier by water may engage in transportation subject to the Act without a "certificate of public 41 Act of February 4, 1887, § 4, 24 Stat. 379, 380, as amended by the Act of June 18,1910, § 8, 36 Stat. 539, 547, as amended, 49 U. S. C. 4(1). 48 § 6(a), 54 Stat. 904,49U. S. 0.4(1). 48 Act of February 28,1920, § 406, 41 Stat. 456, 480, as amended, 49 U. S. O. 4(2). 47 § 305, 54 Stat. 934,49 U. S. C. 905. |