13

H.—34

controlled by any.person or company which is doing business in violation of the provisions of the Act of Congress approved the 2nd July, 1890, entitled "An Act to protect Trade and Commerce against Unlawful Restraints and Monopolies," or the provisions of sections 73—77, both inclusive, of an Act approved the 27th August, 1894, entitled "An Act to reduce Taxation, to provide Revenue for the Government, and for other Purposes," or the provisions of any other Act of Congress amending or supplementing the said Act of the 2nd July, 1890, commonly known as the Sherman Anti-Trust Act, and amendments thereto, or said sections of the Act of the 27th August, 1894. The question of fact may be determined by the judgment of any Court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the AttorneyGeneral of the United States. ■ • That section 6of said Act to regulate commerce, as heretofore amended, is hereby amended by adding a new paragraph at the end thereof as follows : — " When property may be or is transported from point to point in the United States by rail and water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Inter-State Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended the 18th June, 1910 :— " (a.) To establish physical connection between the lines of the rail carrier and the dock of the water carrier by directing the rail carrier to make suitable connection between its'line and a track or tracks which have been constructed from the dock to the limits of its right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a spur track or tracks to the dock. This provision shall only apply where such connection is reasonably practicable, can be made with safety to the public, and where the amount of business to be handled is sufficient to justify the outlay. "The Commission shall have full authority to determine the terms and conditions upon which these connecting tracks, when constructed, shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier. The provisions of this paragraph shall extend to cases where the dock is owned by other parties than the carrier involved. " (b.) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embraced. " (c.) To establish maximum proportional rates by rail to and from the ports to which the . traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By ' proportional rates ' are meant those which differ from the corresponding local rates 0' to and from the port, and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water. " (d.) If any rail carrier, subject to the Act to regulate commerce, enters into arrangements with any water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Int|r-State Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country." The orders of the Inter-State Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the Commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the Commission made under the provisions of section 15 of the Act to regulate commerce, as amended the 18th June, 1910, and they may be conditioned for the payment of any sum, or the giving of security fof the payment of any sum, or the discharge of any obligation which may be required by the terms of said order. 'Sec. 12. That all laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic, of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and territories of the United States, shall extend to and be considered in force in the. Canal Zone, and for such purposes and such purposes only the Canal Zone shall be considered and treated as an organized territory of the United States. Sec. 13. That in time of war in which the United States shall be engaged, or when in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation- of the Panama Canal and all of its adjuncts, appendants, and appurtenances including the entire control and government of the Canal Zone, and during the continuance of such condition the Governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. Sec. 14. That this Act shall be known as, and referred to as,' the Panama Canal Act and the right to alter, amend, or repeal any or all of its provisions, or to extend, modify, or annul any rule or regulation made under its authority, is expressly reserved. Approved the 24th August, 1912.