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not exclude any power which the Commission would otherwise have in the making of an order under the provisions of this Act." Obviously, this provision is not a grant of power; it merely evidences a legislative intention not to limit any general grant by specific provisions relating to particular powers an intention that the Act should be construed as remedial. The general purposes of the original Act were to prevent unjust rates, to require fair play between shippers, and to make rates certain in order that such fair play might exist, and Congress has emphasized the intention that these general purposes were not to be unduly limited, although it added, by the 1920 Act, a new purpose to assure the people of the country adequate transportation service. The courts have given a broad construction to the Act in determining whether or not power exists to effectuate these general purposes.199 This principle was well stated by the Commerce Court as follows:

"A statute of the scope of the Interstate Commerce Act, designed to regulate the vast interstate transportation business of the country, is not to be narrowly interpreted in accordance with the economical or physical conditions prevailing at the time of its enactment."200

The outlook of the Commission must be as comprehensive as the whole country, and as to all subjects within its prescribed authority it has power to make such orders as are necessary to enforce the great remedial purpose of the Act.201

§ 275. Effect of Commission's Orders. When an award of damages is made "the findings and order of the Commission

199 Interstate Com. Com. v. Goodrich Transit Co., 224 U. S. 194, 56 L. Ed. 729, 32 Sup. Ct. 436, reversing Goodrich Transit Co. v. Interstate Com. Com., 190 Fed. 943, Opinion Com. Ct. Nos. 21-24, p. 95; Kansas City S. Ry. Co. v. United States, 231 U. S. 423, 58 L. Ed. 296, 34 Sup. Ct. 125, affirming same-styled case, 204 Fed. 641, and sustaining accounting orders of the Commission.

200 Omaha & C. B. Street Ry. Co. v. Interstate Com. Com., 191 Fed. 40,

Opinion Com. Ct. No. 25, p. 147. This case was reversed but the principle quoted not referred to, Omaha & C. B. Street Ry. Co. v. Interstate Com. Com., 230 U. S. 324, 57 L. Ed. 1501, 33 Sup. Ct. 890. See also Lysaght v. Lehigh V. R. Co., 254 Fed. 351.

201 Interstate Com. Com. v. Chicago, R. I. & P. Ry. Co., 218 U. S. 88, 54 L. Ed. 946, 30 Sup. Ct. 651; Interstate Com. Com. v. Chicago, B. & Q. R. Co., 218 U. S. 113, 54 L. Ed. 959, 30 Sup. Ct. 660.

shall be prima facie evidence of the facts therein stated." Where orders other than an award of damages are made they are binding "unless suspended or set aside by a court of competent jurisdiction." In what cases and for what causes the courts may set aside these orders will be discussed in a subsequent chapter.

§ 276. Commission's Control Over Its Orders.-The Commission is authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper, and it may grant rehearings. These powers will be discussed in the chapter on procedure of the Commission.

Until such orders are suspended or modified, it is the duty of every common carrier, its agent and employees, to observe and comply therewith.

The Commission, the United States by the AttorneyGeneral, as well as parties to the orders made by the Commission, may apply to the United States District Courts for the enforcement of such orders.

§ 277. Commission May Employ Attorneys. "The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interest in investigations made by it or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission."

This power the Commission exercises, its attorneys appearing in investigations before the Commission or in rateadvance cases and other investigations of general interest, and cases where orders of the Commission are involved.

§ 278. Records of Commission.-Copies of schedules and classifications and tariffs of rates, fares and charges filed with the Commission, and the statistics, tables and figures contained in the reports of carriers made to the Commission as required by law, are public records and shall be received as prima facie evidence of what they purport to be in investi

gations by the Commission and in all judicial proceedings, and certified copies shall be received in evidence with like effect as the originals.

Section 14 of the Act makes the authorized publication of the reports and decisions of the Commission competent evidence. The Supreme Court held this not to mean that courts should take judicial notice of these reports and decisions, but that they were admissible without obtaining certified copies; otherwise, the rules of evidence were not changed.202

§ 279. Valuation of Railroad Property.-In the Eastern Advance Rate case,203 Mr. Commissioner Prouty delivering the opinion of the Commission, speaking of the facts which must be considered in determining the question as to what net earnings the carriers are entitled, stated the well known principle: "Both the value of the property and what is a fair return upon that value must be considered," and then said: "Some states have authorized and even instructed their railway commissions to put a value upon the property of railways operating within their borders. In some instances the elements to be considered in determining that value have been prescribed by statute, and the effect of the valuation when made is indicated. This commission has no such authority. We cannot in this case fix in terms the value of any one of these railroads, nor would that value, if determined in this case, be binding in subsequent proceedings; but, manifestly, in order to decide the issue presented we must have a general notion of the value of the properties of these defendants and must form an idea of the elements which should properly enter into the determination of that value."

The opinion then proceeds to state and discuss the rules established in the Smyth-Ames case,204 and to point out the benefit a knowledge of the value of the property "devoted to the public service" would be to the Commission.

Congress, by Act approved March 1, 1913, amending the

202 Robinson v. Baltimore & O. R. Co., 222 U. S. 506, 508, 56 L. Ed. 288, 32 Sup. Ct. 114, affirming same-styled case, 64 W. Va. 406, 63 S. E. 323.

203 Advances in Rates, Eastern Case, 20 I. C. C. 243, 256 to 277. 204 Smyth v. Ames, 169 U. S. 466, 42 L. Ed. 819, 18 Sup. Ct. 418.

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Act to Regulate Commerce,205 provided that the "Commission shall investigate, ascertain and report the value of all the property owned or used by every common carrier subject to the provisions of this (the) act. The Commission shall make an inventory which shall list the property of every common carrier subject to the provisions of this (the) Act in detail, and show the value thereof *, and shall classify the physical properties, as nearly as practicable, in conformity with the classifications of expenditures for road and equipment, as prescribed by the Interstate Commerce Commission."

§ 280. Valuation, How Made. The valuation provided by the Amendment shall include in detail-(1) the original cost of all property to date, the cost of reproduction new, the cost of reproduction less depreciation, and an analysis of the methods used and the reasons for their differences if any; (2) the original cost of all lands, rights of way and terminals and the present value of the same; (3) the same information as to property held for purposes other than those of a common carrier; (4) information relating to the issuance of stocks, bonds or other securities and other financial arrangements; and (5) information as to the value of gifts and grants. Except as provided by the statute, the Commission is given power to prescribe the method of procedure to be followed in the conduct of the investigation. The carriers are required to aid in the investigation by furnishing information and access to the sources thereof.

After such valuation is made, the Commission shall in like manner keep itself informed of all extensions and improvements or other changes in the condition and value of the property of such common carriers, revising its valuations from time to time to fit such changes.

Application may be made to the District Courts of the United States to compel a performance by the carriers of the duties placed on them by the Amendment.

§ 281. Finality and Effect of Valuation. Provision is made for notice of the completion of the tentative valuation of

205 Sec. 19a of Act; Sec. 538, post.

the property before such valuation shall become final; protest may be filed thereto and hearings had.

After hearing, the Commission shall issue an order making a final valuation, which valuation shall be published, and when published it is prima facie evidence of the value of the property in all proceedings under the Act to Regulate Commerce. The valuation so fixed is subject to modification by the Commission.

In making its valuation, the Commission disregarded the current value of the right of way. On appeal to the Supreme Court, this ruling was held not to be a compliance with the statute.2 206 The requirement of Section 15a added by the Transportation Act, 1920, that rates must be established which under the circumstances stated shall yield five and one-half per centum on the fair value of the aggregate property (the percentage being subsequently changed by the Commission) makes the valuation powers of the Commission much more important.207

§ 282. Office of Commission. The principal office of the Commission is in the city of Washington, where its general sessions are held. Its inquiries may be, and frequently are, prosecuted by one or more commissioners or an examiner who may hold sessions in different parts of the United States. The testimony in cases is usually taken at some place most convenient to the parties interested; this is written out, and the Commission at Washington determines what order shall be entered.

§ 283. Annual Reports from Carriers.-The Commission is authorized to require annual reports from all common carriers subject to the provisions of the Act and from the owners of all railroads engaged in interstate commerce. The statute provides what these reports shall contain and gives the Commission authority to prescribe the manner in which such reports shall be made. The time for filing these reports may be extended by the Commission, which also has

206 Kansas City So. Ry. Co. V. United States, 252 U. S. 178, 64 L. Ed. 517, 40 Sup. Ct. 187, See Sec. 92, ante.

207 Sec. 15a; Sec. 504, post.

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