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Sec. 3

Commission to

ferentials be

rail-and-water

Equitable divi

be required or

Commission.

Commission may

as to through

of the Interstate Commerce Act, as amended, and the Commission shall, in such order, fix reasonable minimum differentials between all rail rates and joint rates x minimum difin connection with said water service to apply until tween all-rail and changed by order of the Commission. Such joint routes, rates. rates, rules, regulations, and practices may be changed by order of the Commission or by agreement of the water carriers and the other participating carriers. The Commission shall further require the interested common carriers to enter into negotiations for the purpose of establishing equitable divisions of the aforesaid joint differential rates within thirty days after such joint rates are established, and if the carriers are unable to agree upon sions of rates to equitable divisions within one hundred and twenty days determined by from date of publication the Commission shall, by order, determine and establish reasonable divisions to become effective coincident with the effective date of the joint rates. The Commission is hereby given authority upon complaint, at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing hear complaints concerning (1) the reasonableness or lawfulness of any routes, rates, difthrough route or joint rate filed pursuant to such order ferentials, or diof the Commission, or (2) the reasonableness of any minimum differentials between all rail rates and joint rates in connection with any water service; or (3) the reasonableness of any division of joint rates ordered by the Commission under the provisions of this Act; and after full hearings the Commission may make such order propriate order. with reference to any such matters as it may find to be proper and in the public interest. At any such hearing the burden of proof concerning the unreasonableness or Burden of proof. unlawfulness of any through route, joint rate, minimum differentials between all rail rate and joint rate in connection with water service, or division of joint rates shall be upon the carrier or carriers making the complaint; and the Commission shall give the hearing and decision of such questions preference over all other questions peedy decision pending before it, except such questions as are given like directed. preference by law, and decide the same as speedily as possible: Provided, That if the Inland Waterways Corporation sells or leases its transportation facilities to any lessee of corpora person, firm, or oorporation to be operated as a common titled to all carrier, such person, firm, or corporation shall be en- rights thereof.

visions

Preference and

Purchaser or

tion facilities en

Secs, 3-5

Joint rail and

water rates construed.

43 Stat. L. 361.

Operations sub

of Interstate

Shipping Acts.

titled to a certificate of public convenience and necessity upon making application therefor; and all through traffic arrangements and joint tariffs with rules, regulations, and practices in connection therewith published by the Inland Waterways Corporation and filed with the Interstate Commerce Commission and participated in by other carriers shall remain in full force and effect between such carriers and the person, firm, or corporation purchasing or leasing such transportation facilities from the Inland Waterways Corporation and operating the same as common carriers until changed by order of the Commission, except that such through-traffic arrangements and joint tariffs, with rules, regulations, and practices therewith, may be changed by mutual consent of the water carrier and the other participating carriers. Joint rail and water rates as herein used shall be deemed to include every movement of traffic in which a water line can participate.

(f) The operation of the transportation and terminal 45 Stat. L. 981. facilities under this Act shall be subject to the provisions ject to provisions of the Interstate Commerce Act, as amended, and to the Commerce and provisions of the Shipping Act, 1916, as amended, in the same manner and to the same extent as if such facilities were privately owned and operated; and all vessels of the corporation operated and employed solely as merchant vessels shall be subject to all other laws, regulations, and liabilities governing merchant vessels.

Merchant vessels

subject to all

laws, etc., gov

erning.

48 Stat. L. 362. General corporate powers.

[Section 4, as amended February 28, 1927, 44 Stat. L. 1261 (U. S. Code, title 49, sec. 154) provides for the appointment by the Secretary of War of an Advisory Board, no member of which shall be an officer, director, or employee of, or substantially interested in, any railroad corporation. The Secretary shall appoint as chairman of the board either a civilian or an officer from the Military Establishment of the United States, and may delegate to him any of the functions vested in the Secretary by this Act.]

SEC. 5. [U. S. Code, title 49, sec. 155.] The corporation(a) Shall have succession in its corporate name during its existence;

(b) May sue and be sued in its corporate name; (c) May adopt a corporate seal, which shall be judicially noticed, and may alter it at pleasure;

(d) May make contracts;

Secs. 5-6

(e) May acquire, hold, and dispose of property;

appoint officers

(f) May appoint, fix the compensation of, and remove Corporation may such officers, employees, attorneys, and agents as are and employeesnecessary for the transaction of the business of the corporation; define their duties, and require bonds of them, and fix the penalties thereof;

indebtedness,

(g) May incur obligations, borrow money for tempo- -incur limited rary purposes, and issue notes or other evidences of indebtedness therefor, but the aggregate amount of the indebtedness at any time shall not exceed 25 per centum of the value of the assets at such time;

(h) May exercise any of the functions vested in the Secretary of War by sections 201 and 500 of the Transportation Act, 1920, as amended;

exercise funcof War under

tions of Secretary

Transportation
Act, 1920.

common carrier.

(i) May, in the exercise of such functions, conduct the operate as business of a common carrier by water, and maintain, manage, and operate properties held for or used in the service of transportation, or necessary or convenient to such use; and (j) In addition to the powers specifically granted, Other incidental shall have such powers as may be necessary or incidental to fulfill the purposes of its creation.

powers granted.

Secretary of War

corporation facil

him under Trans

1920.

SEC. 6. [U. S. Code, title 49, sec. 156.] (a) The Sec- 48 Stat. L 362. retary of War shall transfer to the corporation all assets to transfer to transferred to, or acquired, constructed, or operated by, ities acquired by or under the direction of, the Secretary of War, or which portation Act, revert to the United States, under section 201 of the Transportation Act, 1920, as amended, or under the joint resolution entitled "Joint resolution to exempt the New York State Barge Canal from the provisions of section 201 of the Transportation Act, 1920, and for other purposes," approved February 27, 1921.

tions, etc., in re

tracts, etc.,

(b) The rights, privileges, and powers, and the duties Rights, obligaand liabilities, of the Secretary of War, or the inland spect of conand coastwise waterways service, in respect of any con- transferred. tract, loan, lease, account, or other obligation, under section 201 of such Act, or under such joint resolution, shall become the rights, privileges and powers, and the duties and liabilities, respectively, of the corporation.

ferred.

(c) All money available for expenditure or the mak- Moneys transing of loans under such joint resolution or section 201 of such Act, and all money repaid in pursuance of loans made under subdivision (c) of section 201 of such Act, shall be available for expenditure or the making of loans by the corporation under this Act.

Sec. 6

Claims in respect of operation, etc., transferred.

Appraisal of assets transferred.

Computation of statute of limita

tions.

(d) The enforcible claims of or against the Secretary of War, or the inland and coastwise waterways service, in respect of the operation, construction, or acquisition of any such transportation facilities, shall become the claims of or against, and may be enforced by or against, the corporation.

(e) The Secretary of War shall adjust and appraise the value, at the time of transfer, of all assets transferred to the corporation under this Act, and such value shall be entered upon the books of the corporation.

(f) In the determination of the running of the statute of limitations or of any prescriptive right, the period of time shall be computed in the same manner as though this Act had not been passed.

COORDINATION OF INTERSTATE RAILROAD

TRANSPORTATION

1

[U. S. Code, Title 49, Chapter ]

[EMERGENCY RAILROAD TRANSPORTATION ACT, 1933]

U. S. Code
Sec.

250. Short title.

251. Definitions.

252. Federal Coordinator of Transportation; appointment; powers and duties; office; compensation.

253. Division of railroads into geographical groups; regional coordinating committees; appointment and removal; filling vacancies.

254. Purposes of law.

255. Regional committees; voluntary action to carry out purposes of law as stated in section 254; orders of Coordinator on inability of committees to act.

256. Cooperation of Coordinator and committees; access to records, reports, etc.; orders on failure of committee to act; authority of Commission to compel attendance of witnesses and production of documents.

257. Labor committees.

(a) Appointment; hearings on contemplated orders.

(b) Employees; limitation on reduction in number and

compensation.

(c) Boards of adjustment; establishment; functions.

(d) Property losses and expenses on transfer of em

ployees; compensation.

(e) Compliance by carriers with chapter 8 of title 45 and section 205 of title 11.

258. Publication of orders; effective date; inclusion of provisions for pooling arrangement or compensation for use of property or services.

259. Review of orders by Coordinator; suspension pending hearing.

260. Exemption from antitrust laws; Railway Labor Act unaffected; notice and hearing on orders affecting State laws. 261. Contracts regarding location and maintenance of offices, etc., unaffected.

262. Failure or refusal to comply with orders; penalties; duty of district attorneys to prosecute.

263. Investigations by Coordinator looking to improvement of transportation conditions; railroad labor conditions; reports to Commission.

264. Expenses of Coordinator; assessments on carriers; free transportation for Coordinator and assistants.

265. Approval of loans to carriers in need of financial reorgani

zation.

266. Court review of final orders; procedure.

267. Duration of chapter; orders; subsequent State laws.

268. Effect of partial invalidity of Act.

NOTE. The order of arrangement of sections is that of the United States Code.

EMERGENCY RAILROAD TRANSPORTATION ACT, 1933,
AS AMENDED

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [U. S. Code, title 49, sec. 250.] That this Act may be cited as the " Emergency Railroad Transportation Act, 1933."

66

TITLE I-EMERGENCY POWERS

Sec. 1

48 Stat. L. 211

SEC. 1. [U. S. Code, title 49, sec. 251.] As used in June 16, 1933. this title

(a) The term "Commission " means the Interstate "Commission Commerce Commission.

designated.

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"Coordinator."

(b) The term " Coordinator " means the Federal Coor- Definitions: dinator of Transportation hereinafter provided for.

66

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"Committee."

(c) The term committee means any one of the regional coordinating committees hereinafter provided for. (d) The term "carrier " means any common carrier by “Carrier.” railroad subject to the provisions of the Interstate Commerce Act, as amended, including any receiver or trustee thereof.

(e) The term "subsidiary" means any company which "Subsidiary." is directly or indirectly controlled by, or affiliated with, any carrier or carriers. For the purpose of the foregoing definition a company shall be deemed to be affiliated with a carrier if so affiliated within the meaning of paragraph

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