AGREEMENTS BETWEEN CARRIERS HEARINGS BEFORE THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE EIGHTIETH CONGRESS FIRST SESSION ON H. R. 221 and S. 110 A BILL TO AMEND THE INTERSTATE COMMERCE ACT STATE COMMERCE ACT WITH RESPECT TO CERTAIN AGREEMENTS BETWEEN CARRIERS 64132 JUNE 25, 26, 27, AND 30, 1947 Printed for the use of the UNITED STATES WASHINGTON: 1947 1947 CONTENTS Statements of- Aitchison, Hon. Clyde B., Chairman, Interstate Commerce Commis- Bandeen, B. A., general manager, West Texas Chamber of Com- Barber, Alvin B., manager, transportation and communication de- Boggess, Albert, special assistant to the Attorney General, United Brashear, Harry R., representing Aircraft Industries Association of Page 4 91 120 156 Corbett, John T., assistant grand chief engineer and national legisla- 127 Devitt, Hon. Edward J., a Representative in Congress from the State Fort, J. Carter, vice president and general counsel, Association of Freas, Howard G., State Building, San Francisco, Calif 95 12, 285 84 7. 130 Robinson, F. G., traffic manager, Galveston Chamber of Commerce, 70 Scott, Jack Garrett, general counsel, National Association of Motor- 117 Wiprud, Arne C., formerly special assistant to the Attorney General, Chief of Transportation Section, Antitrust Division, Department of Ballinger, Willis J., economic adviser, National Federation of Small Bills, letters, statements, etc., submitted for the record-Continued Burger, George J., National Federation of Small Business, Inc., letters Exhibit DofJK-4, the Association of American Railroads_-_. 215 Flagg, George H., public utilities commissioner for Oregon, statement_ Giesson, Carl, director, transportation bureau, St. Louis Chamber of Interstate Commerce Commission, letter, June 26, 1947. Kilday, James E., special assistant to the Attorney General, statement_ McGregor, Douglas W., assistant to the Attorney General, Depart- ment of Justice, letter, June 30, 1947_-- Morrow, Giles, prepared statement in behalf of Freight Forwarders Mountain-Pacific States Conference of Public Service Commissions, National Federation of Small Business, Inc., Bulletin 139,"Deal Di- 148 O'Neal, Edward A., president, American Farm Bureau Federation, 327 O'Rourke, John A., prepared statement for the Shippers League of 58 Quasey, Lee J., commerce counsel, National Live Stock Producers 326 Rate of return on net investment on railways of class I in the United Revenue per ton-mile and per passenger-mile versus wage rates and Rice, Roland, additional statement for the American Trucking Asso- Thompson, Chester C., statement on behalf of American Waterways University of Pittsburgh, department of transportation, letter, June 286 Washington and Small Business, by federation staff. 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. 1 |
