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AGREEMENTS BETWEEN CARRIERS

HEARINGS

BEFORE THE

COMMITTEE ON

INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES

EIGHTIETH CONGRESS

FIRST SESSION

ON

H. R. 221 and S. 110

A BILL TO AMEND THE INTERSTATE COMMERCE ACT
WITH RESPECT TO CERTAIN AGREEMENTS BETWEEN
CARRIERS AND AN ACT TO AMEND THE INTER-

STATE COMMERCE ACT WITH RESPECT

TO CERTAIN AGREEMENTS

BETWEEN CARRIERS

64132

JUNE 25, 26, 27, AND 30, 1947

Printed for the use of the
Committee on Interstate and Foreign Commerce

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1947

1947

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CONTENTS

Statements of-

Aitchison, Hon. Clyde B., Chairman, Interstate Commerce Commis-
sion, Washington, D. C.

Bandeen, B. A., general manager, West Texas Chamber of Com-
merce and Freight Rate Equality Federation..

Barber, Alvin B., manager, transportation and communication de-
partment, Chamber of Commerce of the United States, Washington,
D. C....

Boggess, Albert, special assistant to the Attorney General, United
States Department of Justice, Washington, D. C..

Brashear, Harry R., representing Aircraft Industries Association of

America, Inc...

Page

4

91

120

156

Corbett, John T., assistant grand chief engineer and national legisla-
tive representative, Brotherhood of Locomotive Engineers, Wash-
ington, D. C...

127

Devitt, Hon. Edward J., a Representative in Congress from the State
of Minnesota___

Fort, J. Carter, vice president and general counsel, Association of
American Railroads, Washington, D. C............

Freas, Howard G., State Building, San Francisco, Calif
Hamley, Frederick, G., general solicitor, National Association of
Railroad and Utilities Commissioners, Washington, D. C...
Hays, A. C., representing Division 493, Order of Railway Conductors,
Phoenix, Ariz.

95

12, 285

84

7.

130

Robinson, F. G., traffic manager, Galveston Chamber of Commerce,
Galveston, Tex...

70

Scott, Jack Garrett, general counsel, National Association of Motor-
bus Operators, Washington, D. C..

117

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Exhibit DofJK-4, the Association of American Railroads_-_.

215

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National Federation of Small Business, Inc., Bulletin 139,"Deal Di-
rectly With Your Congressman”_

148

O'Neal, Edward A., president, American Farm Bureau Federation,
letter, June 30, 1947_.

327

O'Rourke, John A., prepared statement for the Shippers League of
Florida___

58

Quasey, Lee J., commerce counsel, National Live Stock Producers
Association, statement_.

326

Rate of return on net investment on railways of class I in the United

States

Revenue per ton-mile and per passenger-mile versus wage rates and
material prices, railways of class I in the United States, calendar
years 1921 to 1946, inclusive____

Rice, Roland, additional statement for the American Trucking Asso-

ciation, Inc

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Thompson, Chester C., statement on behalf of American Waterways
Operators, Inc‒‒‒‒

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University of Pittsburgh, department of transportation, letter, June
24, 1947__

286

Washington and Small Business, by federation staff.
Western Union, night letter, June 19, 1947, addressed to Hon. Harry
S. Truman, President of the United States___

Wiprud, Arne C., letter, July 7, 1947, and supplemental statement____

150, 153

285

301

AGREEMENT BETWEEN CARRIERS

WEDNESDAY, JUNE 25, 1947

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The committee met, pursuant to adjournment, at 10 a. m., in room 1334, New House Office Building, Hon. Charles A. Wolverton (chairman) presiding.

The CHAIRMAN. The committee will please come to order.

We are about to open hearings on H. R. 221 and S. 110.

The latter bill has been passed by the Senate, with amendments. (H. R. 221 and S. 110 above referred to are as follows:)

[H. R. 221, 80th Cong., 1st sess.]

A BILL To amend the Interstate Commerce Act with respect to certain agreements between carriers

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Interstate Commerce Act, as amended, is amended by adding after section 5 thereof a new section as follows: "SEC. 5a. (1) For purposes of this section

"(A) The term 'carrier' means any common carrier subject to part I, II, or III, or any freight forwarder subject to part IV, of this Act; and

"(B) The term 'antitrust laws' has the meaning assigned to such term in section 1 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914.

"(2) Any carrier party to an agreement between or among two or more carriers may, under such rules and regulations as the Commission may prescribe, apply to the Commission for approval of the agreement, and the Commission shall by order approve any such agreement (if approval thereof is not prohibited by paragraph (3), (4), or (5)) if it finds that, by reason of furtherance of the national transportation policy declared in this Act, the relief provided in paragraph (8) should apply with respect to the making and carrying out of such agreement; otherwise the application shall be denied. The approval of the Commission shall be granted only upon such terms and conditions as the Commission may prescribe as necessary to enable it to grant its approval in accordance with the standard above set forth in this paragraph.

"(3) The Commission shall not approve under this section any agreement between or among carriers of different classes unless it finds that such agreement is limited to matters relating to transportation under joint rates or over through routes; and for purposes of this paragraph carriers by railroad, express companies, and sleeping-car companies are carriers of one class; pipe-line companies are carriers of one class; carriers by motor vehicle are carriers of one class; carriers by water are carriers of one class; and freight forwarders are carriers of one class.

"(4) The Commission shall not approve under this section any agreement which it finds is an agreement for a pooling, division, consolidation, merger, purchase, lease, acquisition, or other transaction, to which section 5 of this Act is applicable.

(5) The Commission shall not approve under this section any agreement which establishes a procedure for the determination of any matter through joint consideration unless it finds that under the agreement opportunity to act contrary to the determination arrived at through such procedure is afforded to each party to the agreement which did not concur in such determination.

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