Sec. 17 as may be, to those in use in the courts of the United Appearances. States. Any party may appear before the Commission or any division thereof and be heard in person or by attorney. Every vote and official act of the Commission, ings public. or of any division thereof, shall be entered of record, and Record; proceedits proceedings shall be public upon the request of any party interested. Commission. (2) The Commission is hereby authorized by its order Divisions of the to divide the members thereof into as many divisions (each to consist of not less than three members) as it may deem necessary, which may be changed from time to time. Such divisions shall be denominated, respectively, division one, division two, and so forth. Any Commissioner may be assigned to and may serve upon such division or divisions as the Commission may direct, and the senior in service of the Commissioners constituting any sion. of said divisions shall act as chairman thereof. In case Vacancy in diviof vacancy in any division, or of absence or inability to serve thereon of any Commissioner thereto assigned, the chairman of the Commission or any Commissioner designated by him for that purpose, may temporarily serve on said division until the Commission shall otherwise order. 2 tions assigned to (3) The Commission may by order direct that any of Work or funcits work, business, or functions arising under this part, or divisions, under any Act amendatory thereof, or supplemental thereto, or under any amendment which may be made to any of said Acts, or under any other Act or joint resolution which has been or may hereafter be approved, or in respect of any matter which has been or may be referred to the Commission by Congress or by either branch thereof, be assigned or referred to any of said divisions for action thereon, and may by order at any time amend, modify, supplement, or rescind any such direction. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Commission. sions. (4) In conformity with and subject to the order or Authority of divi orders of the Commission in the premises, each division so constituted shall have power and authority by a majority thereof to hear and determine, order, certify, 'Applicable to part II of this Act (Motor Carrier Act, 1935), sec. 205 (i), post. Sec. 17 report, or otherwise act as to any of said work, business or functions so assigned or referred to it for action by th Commission, and in respect thereof the division sha have all the jurisdiction and powers now or then co ferred by law upon the Commission, and be subject t the same duties and obligations. Any order, decision or report made or other action taken by any of sai Determinations divisions in respect of any matters so assigned or referre tive as if made to it shall have the same force and effect, and may b made, evidenced, and enforced in the same manner as i made, or taken by the Commission, subject to rehearing vision's determi- by the Commission, as provided in section sixteenhereof for rehearing cases decided by the Commission The secretary and seal of the Commission shall be the secretary and seal of each division thereof. by divisions effec by Commission. Rehearing of di nation. Present powers of tained. Commission may assign work or function to a Commissioner or (5) Nothing in this section contained, or done pursu ant thereto, shall be deemed to divest the Commission of any of its powers. (6) The Commission is hereby authorized by its order to assign or refer any portion of its work, business, or functions arising under this or any other Act of Congress 47 Stat. L. 1368. or referred to it by Congress, or either branch thereof, to board of employees. Limitations. an individual Commissioner, or to a board composed of an employee or employees of the Commission, to be designated by such order, for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference: Provided, however, That this authority shall not extend to investigations instituted upon the Commission's own motion nor, without the consent of the parties thereto, to contested proceedings involving the taking of testimony at public hearings. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the CommisFilling vacancies, sion. In case of the absence or inability for any other reason to act of any such individual Commissioner or employee designated to serve upon any such board, the chairman of the Commission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission shall otherwise order. In conformity with and subject to the order or orders of the Commission in the premises, any such individual Commissioner, or board acting by a majority thereof, 'Applicable to part II of this Act (Motor Carrier Act, 1935)., sec. 205 (1), post. Secs. 17-18 and decide. obligations. shall have power and authority to hear and determine, Powers to hear order, certify, report, or otherwise act as to any of said. work, business, or functions so assigned or referred to him or it for action by the Commission and in respect thereof shall have all the jurisdiction and powers now or Jurisdiction and then conferred by law upon the Commission and be subject to the same duties and obligations. Any order, decision, or report made or other action taken by any such individual Commissioner or board in respect of any matters so assigned or referred shall have the same force and Effect. effect and may be made, evidenced, and enforced in the same manner as if made or taken by the Commission. Any party affected by any order, decision, or report of any such individual Commissioner or board may file a petition for reconsideration or for rehearing by the Com- Reconsideration mission or a division thereof and every such petition shall be passed upon by the Commission or a division thereof. Any action by a division upon such a petition shall itself be subject to reconsideration by the Commission, as provided in section 16a of this part (U. S. C., title 49, sec. 16a), and in paragraph (4) of this section. The Commission may, as provided in paragraph (1) of this section, make and amend rules for the conduct of Rules. proceedings before such individual Commissioner or board and for the rehearing of such action before a division of the Commission or the Commission. The Secretary and secretary and seal of the Commission shall be the secretary and seal of such individual Commissioner or board. EMPLOYEES; APPOINTMENT AND COMPENSATION; WITNESS FEES; EXPENSES or rehearing. seal. missioners. SEC. 18. [As amended March 2, 1889, August 9, 1917, 24 Stat. L 886. and February 28, 1920.] [U. S. Code, title 49, sec. 18.] 41 Stat. L. 493. (1) That each Commissioner shall receive an annual Salary of Comsalary of seven thousand five hundred dollars,1 payable in the same manner as the judges of the courts of the United States. The Commission shall appoint a secre- Secretary; saltary, who shall receive an annual salary of three thousand five hundred dollars,1 payable in like manner. The 1 Commissioners' salary of seven thousand five hundred dollars changed to $10,000 by 1906 Act, and the Secretary's salary of $3,500 changed to $5,000 by 1907 Act. See sec. 24, increasing number of Commissioners, and their compensation and that of the Secretary, and footnotes thereto. Employment of experts, attorneys, etc., for effective administration of Motor Carrier Act, 1935, sec. 205 (k), post. ary. Secs. 19-19a Employees; compensation. Witnesses' fees. Expenses of Commission, auditing and payment. Principal office, 49 543. Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the Commission may hire suitable offices for its use, and shall have authority to procure all necessary office supplies. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (2) All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission." OFFICE AND SESSIONS SEC. 19. [As amended August 9, 1935.] [U. S. Code, title 49, sec. 19.] That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience 24 Stat. L. 348 of the public or of the parties may be promoted, or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, quiries anywhere by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this part. Special sessions. Prosecution of in in the United States. VALUATION OF PROPERTY OF CARRIERS SEC. 19a. [Added March 1, 1913, and amended Febru ary 28, 1920, June 7, 1922, June 16, 1933, and August 9, 'Under the act of June 10, 1921, to provide a national budget system and an independent audit of Government accounts, and for other purposes, and the Act of Mar. 2, 1889 (25 Stat. L. 954) (U. S. Code, title 49, sec. 57), "Expenses of the Interstate Commerce Commission shall be audited by the General Accounting Office." "The Interstate Commerce Commission may exchange typewriters, adding machines, and other labor-saving devices in part payment for like articles." (Act of Aug. 1, 1914, 38 Stat. L. 627) (U. S. Code, title 49, sec. 58.) Sec. 19a mon-carrier prop 42 Stat. L. 624. 49 Stat. L. 543. exception. 1935.] [U. S. Code, title 49, sec. 19a.] (a) That the Valuation of comCommission shall, as hereinafter provided, investigate, 37 Stat. L. 701. ascertain, and report the value of all the property owned 11 stat. L. 493. or used by every common carrier subject to the provisions 48 Stat. L. 221. of this part, except any street, suburban, or interurban Investigation by electric railway which is not operated as a part of a general steam railroad system of transportation; but the Electric railways, Commission may in its discretion investigate, ascertain, and report the value of the property owned or used by any such electric railway subject to the provisions of this part whenever in its judgment such action is desirable in the public interest. To enable the Commission to make such investigation and report, it is authorized to employ such experts and other assistants as may be necessary. The Commission may appoint examiners who shall have power to administer oaths, examine witnesses, and take testimony. The Commission shall, subject to the exception herein before provided for in the case of electric railways, make an inventory which shall list the property of every common carrier subject to the provisions of this part in detail, and show the value thereof as hereinafter provided, and shall classify the physical property, as property. nearly as practicable, in conformity with the classification of expenditures for road and equipment, as prescribed by the Interstate Commerce Commission. Employment of experts. Inventory of property. Classification of Costs of common to be reported. methods (b) First. In such investigation said Commission shall carrier property ascertain and report in detail as to each piece of property, other than land, owned or used by said common carrier for its purposes as a common carrier, the original cost to date, the cost of reproduction new, the cost of reproduction less depreciation, and an analysis of the methods Analysis of by which these several costs are obtained, and the reason for their differences, if any. The Commission shall in like manner ascertain and report separately other values, and elements of value, if any, of the property of such elements of value. common carrier, and an analysis of the methods of valuation employed, and of the reasons for any differences between any such value and each of the foregoing cost values. Other values and Second. Such investigation and report shall state in original cost and detail and separately from improvements the original 'Elements of value under Motor Carrier Act, 1935, good will, earning power, and operating certificate excluded, sec. 216 (h), post. present value of real property. 20049°-35 -5 |
