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Sec. 6; Sec. 11 (d)

MANN-ELKINS (OR COMMERCE COURT) ACT, SEC. 6, 2D PARAGRAPH

1

Washington

service.

36 Stat. L. 544.

[Act of June 18, 1910, sec. 6, par. 2.] [U. S. Code, title 49, sec. 50.] It shall be the duty of every common carrier Carriers must subject to the provisions of this Act, within sixty daysdesignate agent after the taking effect of this Act, to designate in writing for purposes of an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said 1 Commerce Court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving, a copy thereof with such designated agent at his office agent. or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or 1 Commerce Court may be made by posting such notice or process in the office of the secretary of the Interstate ing notice or Commerce Commission.

PANAMA CANAL ACT, SECTION 11 (D)

Service on such

Service by post

process.

only after hear

[Second Paragraph.] [Act of Aug. 24, 1912.] [U.S. Code, title 49, sec. 51.] The orders of the Interstate Com-Orders to be made merce Commission relating to this section shall only being. 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 [the amendments are to section 5 (19), (20), and (21), and to 37 Stat. L. 568. section 6 (13) (a) (b) (c) and (d)] shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the Commission made under Enforcement of the provisions of section fifteen of the Act to regulate orders; penalties.

1Upon the abolition of the Commerce Court by the Act of Oct.

22, 1913 (38 Stat. L. 219), and of the circuit courts, Judicial Code, sec. 291, jurisdiction devolved upon the district courts.

88 Stat. L. 627.

Commission's val

supplies.

commerce, as amended June eighteenth, nineteen hun-
dred and ten, and they may be conditioned for the pay-
ment of any sum or the giving of security for the pay-
ment of
any sum or the discharge of any obligation which
may be required by the terms of said order.

SUNDRY CIVIL APPROPRIATION ACT, AUG. 1, 1914

[Provision in Act, August 1, 1914.] [U. S. Code, title Transportation of 49, sec. 52.] It shall be the duty of every common carrier uation forces and by railroad whose property is being valued under the Act of March first, nineteen hundred and thirteen, to transport the engineers, field parties, and other employees of the United States who are actually engaged in making surveys and other examination of the physical property of said carrier necessary to execute said Act from point to point on said railroad as may be reasonably required by them in the actual discharge of their duties; and, also, to move from point to point and store at such points as may be reasonably required the cars of the United States which are being used to house and maintain said employees; and, also, to carry the supplies necessary to maintain said employees and the other property of the United States actually used on said railroad in said work of valuation. The service above required shall be regarded as a special service and shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission and as will insure an accurate record and account of the service rendered by the railroad, and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission.

Feb. 17, 1917.

39 Stat. L. 922.

tion for trustees of Cincinnati Southern Railway.

CINCINNATI SOUTHERN RAILWAY TRUSTEES ACT

[U. S. Code, title 49, sec. 53.] Nothing contained in Free transporta- the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, or the Acts amendatory thereof, shall be so construed by the Interstate Commerce Commission, or by the courts, as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assumed in leasing said railway to furnish free transportation to the trustees of said Cincinnati Southern Railway, their officers and agents: Pro

vided, That the free transportation referred to shall be furnished only when persons entitled thereto are traveling on the business of the company.

HOCH-SMITH RESOLUTION

as to freight

[Joint Resolution of January 30, 1925.] [U. S. Code, 48 Stat. L. 801. title 49, sec. 55.] That it is hereby declared to be the true Policy declared policy in rate making to be pursued by the Interstate rates. Commerce Commission in adjusting freight rates, that the conditions which at any given time prevail in our several industries should be considered in so far as it is legally possible to do so, to the end that commodities may freely move.

rected.

That the Interstate Commerce Commission is author- Commission to investigate existized and directed to make a thorough investigation of ing rates. the rate structure of common carriers subject to the Interstate Commerce Act, in order to determine to what extent and in what manner existing rates and charges may be unjust, unreasonable, unjustly discriminatory, or unduly preferential, thereby imposing undue burdens, or giving undue advantage as between the various localities and parts of the country, the various classes of traffic, and the various classes and kinds of commodities, and to make in accordance with law, such changes, adjustments, and redistribution of rates and charges as may be found necessary to correct any defects so found Defects to be cor to exist. In making any such change, adjustment, or redistribution the Commission shall give due regard, Elements to be among other factors, to the general and comparative levels in market value of the various classes and kinds of commodities as indicated over a reasonable period of years to a natural and proper development of the country as a whole, and to the maintenance of an adequate system of transportation. In the progress of such investigation the Commission shall, from time to time, and as expeditiously as possible, make such decisions and orders to be exorders as it may find to be necessary or appropriate sued. upon the record then made in order to place the rates upon designated classes of traffic upon a just and reasonable basis with relation to other rates. Such investigation shall be conducted with due regard to other investigations or proceedings affecting rate adjustments which may be pending before the Commission.

considered.

peditiously is

Pending investigations.

Agricultural products and livestock.

compatible with service.

In view of the existing depression in agriculture, the Commission is hereby directed to effect with the least practicable delay such lawful changes in the rate structure of the country as will promote the freedom of moveLowest possible ment by common carriers of the products of agriculture rate to be made affected by that depression, including livestock, at the lowest possible lawful rates compatible with the maintenance of adequate transportation service: Provided, That no investigation or proceeding resulting from the adoption of this resolution shall be permitted to delay Pending cases on the decision of cases now pending before the Commission products not to involving rates on products of agriculture, and that such cases shall be decided in accordance with this resolution.

agricultural

be delayed.

INLAND WATERWAYS TRANSPORTATION

[U. S. Code, Title 49, Chapter 5, in part]

[Transportation Act, 1920]

NOTE. The order of arrangement under the above heading follows the sections as they appear in the United States Code and its Supplements.

U. S. Code
Sec.

141. Government-owned boats on inland waterways.

(a) Boats, barges, etc., transferred to Secretary of War;

operation thereof.

(b) Payments after transfer to Secretary of War.

(c) Construction of terminal facilities by Secretary of War.

(d) Transportation facilities on Mississippi River.

(e) Applicability of other laws; employees.

142. Development of water transportation; duties of Secretary of War.

Invalidity of part of Transportation Act not to affect remainder.

[Inland Waterways Corporation Act-Denison Act.]

151. Corporation created; government and direction by Secretary of War.

153. Operation of transportation and terminal facilities; application of other laws.

155. Powers of corporation.

156. Property, rights, duties, liabilities, etc., limitation statutes.

Sec. 201

TRANSPORTATION ACT, 1920

TITLE II TERMINATION OF FEDERAL CONTROL (IN PART)

GOVERNMENT-OWNED BOATS ON INLAND WATERWAYS'

Feb. 28, 1920.

ernment-owned

tary of War.

portation lines.

SEC. 201. [U. S. Code, title 49, sec. 141.] (a) On the Transfer of Gov termination of Federal control, as provided in section boats to Secre200, all boats, barges, tugs, and other transportation facilities, on the inland, canal, and coastwise waterways 41 Stat. L. 458. (hereinafter in this section called "transportation facilities") acquired by the United States in pursuance of the fourth paragraph of section 6 of the Federal Control Act (except the transporation facilities constituting parts of railroads or transportation systems over which Federal control was assumed) are transferred to the Secretary of War, who shall operate or cause to be operated Operation of insuch transportation facilities so that the lines of inland land water transwater transportation established by or through the President during Federal control shall be continued, and assume and carry out all contracts and agreements in relation thereto entered into by or through the President in pursuance of such paragraph prior to the time above fixed for such transfer. All payments under the terms of such contracts, and for claims arising out of the operation of such transportation facilities by or through during Federal the President prior to the termination of Federal control, shall be made out of moneys available under the provisions of this Act for adjusting, settling, liquidating, and winding up matters arising out of or incident to Federal control. Moneys required for such payments shall, from time to time, be transferred to the Secretary of War as required for payment under the terms of such contracts.

Contracts made

control.

Appropriation.

frayed.

(b) All other payments after such transfer in con- Expenses after nection with the construction, utilization, and operation transfer, how deof any such transportation facilities, whether completed or under construction, shall be made by the Secretary of War out of funds now or hereafter made available for that purpose.

(c) [As amended March 4, 1921.] The Secretary of Construction of War is hereby authorized, out of any moneys hereafter ties.

1

1See Inland Waterways Corporation Act, post. Other sections of Title II of the Transportation Act, 1920, have been omitted from this compilation, as temporary in character.

20049°-35——10

terminal facili

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