« PreviousContinue »
manner and form.
Disbursements made without
Payment of war taxes.
Sres. 12 and 13
the same manner and form as before Federal control. Disbursements Disbursements therefrom shall, without further approspecific appropri- priation, be made in the same manner as before Federal
control and for such purposes as under the Interstate Commerce Commission classification of accounts in force on December twenty-seventh, nineteen hundred and seventeen, are chargeable to operating expenses or to railway tax accruals and for such other purposes in connection with Federal control as the President may direct, except that taxes under Titles One and Two of the Act entitled “An Act to provide revenue to defray war expenses, and for other purposes," approved October third, nineteen hundred and seventeen, or any Act in addition thereto or in amendment thereof, shall be paid by the carrier out of its own funds. If Federal control begins or ends during the tax year for which any taxes so chargeable to railway tax accruals are assessed, the taxes for such year shall be
apportioned to the date of the beginning or ending of such Taxes appor. Federal control, and disbursements shall be made only
for that portion of such taxes as is due for the part of such
tax year which falls within the period of Federal control. ered into public At such periods as the President may direct, the books treasury.
shall be closed and the balance of revenues over disbursements shall be covered into the Treasury of the United States to the credit of the revolving fund created
by this Act. If such revenues are insufficient to meet Deficits met out such disbursements, the deficit shall be paid out of such of revolving fund.
revolving fund in such manner as the President may
direct. Pending litiga- SEC. 13. That all pending cases in the courts of the
United States affecting railroads or other transportation systems brought under the Act to regulate commerce, approved February fourth, eighteen hundred and eightyseven, as amended and supplemented, including the commodities clause, so called, or under the Act to protect trade and commerce against unlawful restraints and monopolies, approved July second, eighteen hundred and ninety, and amendments thereto, shall proceed to final determination as soon as may be, as if the United States had not assumed control of transportation systems; but
in any such case the court having jurisdiction may, upon Stay of execu- the application of the United States, stay execution of tion authorized.
final judgment or decree until such time as it shall deem proper.
Termination of Federal control.
ment of systems
REIMBURSEMENT FOR MOTIVE POWER AND EQUIPMENT ACT. 109
Sec. 1. SEC 14. That the Federal control of railroads and red transportation systems herein and heretofore provided for shall continue for and during the period of the war and for a reasonable time thereafter, which shall not exceed one year and nine months next following the date of the proclamation by the President of the exchange of ratifications of the treaty of peace: Provided, however, That the President may, prior to July first, nineteen hun-m
at ninotoon bun Relinquish. dred and eighteen, relinquish control of all or any part not need of any railroad or system of transportation, further Federal control of which the President shall deem not needful or desirable; and the President may at any time during the period of Federal control agree with the owners thereof to relinquish all or any part of any railroad or system of transportation. The President may relinquish all railroads and systems of transportation under Federal control at any time he shall deem such action needful or desirable. No right to compensation shall accrue to such owners from and after the date of relinquishment for the property so relinquished.
SEC. 15. That nothing in this Act shall be construed to State tax and amend, repeal, impair, or affect the existing laws or powers fected. of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transportation Exceptions. of troops, war materials, Government supplies, or tho issuo of stocks and bonds.
SEC. 16. That this Act is expressly declared to be Emergency emergency legislation enacted to meet conditions growing out of war; and nothing herein is to be construed as expressing or prejudicing the future policy of the Federal Government concerning the ownership, control, or Future policy regulation of carriers or the method or basis of the cap- prejudiced. italization thereof.
State tax and
character of Act.
not expressed or
REIMBURSEMENT OF THE UNITED STATES FOR MOTIVE POWER
AN ACT To provide for the reimbursement of the United States for
motive power, cars, and other equipment ordered for railroads and systems of transportation under Federal control, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to make provision for the reimbursement
cash,securities, or otherwise,
REIMBURSEMENT FOR MOTIVE POWER AND EQUIPMENT ACT. Secs. 1 and 2
of the United States for the sums advanced to provide motive power, cars, and other equipment ordered by the President for the railroads and systems of transportation now under Federal control, herein called “carriers," pursuant to the authority conferred by the second para
graph of section 6 of the Act of March 21, 1918, the PresiPresident may dent may, upon such terms as he shall deem advisable, bursement in receive in reimbursement cash, or obligations of any
carrier, or part cash and part such obligations, or in his discretion he may accept for such motive power, cars, or other equipment, cash or the shares of stock or obligations, secured or unsecured, of any corporation not a carrier organized for the purpose of owning equipment or equipment obligations, or part cash and part such shares of stock and obligations, and he may transfer to such corporation any obligations of carriers received on account of motive power, cars, or other equipment, and he may execute any instruments necessary and proper to carry out the intent of the second paragraph of section 6 of said Act of March 21, 1918, to the end that title to the motive power, cars, and other equipment so ordered by the President as aforesaid for the carriers may rest in
them or their trustees or nominees. President may In addition to the powers herein and heretofore conment and obliga ferred, the President is further authorized to dispose, in
the manner and for the consideration aforesaid, of motive power, cars, and other equipment, if any, provided by him in accordance with any other provisions of said section, and of any obligations of carriers that may be
received in reimbursement of the cost thereof. Contracts for SEO. 2. That any contract for the sale of any motive
power, cars, or other equipment ordered or provided
under any of the provisions of section 6 of said Act of Titlo.not to March 21, 1918, may provide that title thereto, notwithchase price paid. standing delivery of possession, shall not vest in the
carrier until the purchase price, which may be payable in installments during any period not exceeding fifteen
years, shall be fully paid and the conditions of purchase Acknowlodg: fully performed. Any such contract shall be in writing, ment filed with
and acknowledged or proved before some person authorized to administer oaths, and filed with the Interstate Commerce Commission within sixty days after the delivery thereof, and shall be valid and enforceable as against all persons whomsoever.
tions of carriers.
pass until pur
Bocs. 1 and 2 SEO. 3. That nothing herein contained shall be deemed Poworso!
President not to abrogate or limit the powers conferred upon the Presi- limited. dent by said Act of March 21, 1918.
Sec. 4. That the President may execute any of the powers through powers herein granted through such agencies as he may determine
SEC. 5. That this Act is emergency legislation, enacted Emorge noy to meet conditions growing out of war and to effectuate said Act of March 21, 1918.
TRANSPORTATION ACT, 1920.
AN ACT To provide for the termination of Federal control of railroads
and systems of transportation; to provide for the settlement of disputes between carriers and their employees; to further amend an Act entitled “An Act to regulate commerce," approved February 4, 1887, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
merce Act de
TITLE I.-DEFINITIONS. SECTION 1. This Act may be cited as the “Trans- 418ta.., L., 456. portation Act, 1920.”
Act citod as
Transportation SEC. 2. When used in this Act,
Act, 1920. The term “Interstate Commerce Act" means the Act Interstato Com. entitled “An Act to regulate commerce," approved Feb-fined. ruary 4, 1887, as amended; The term “Commerce Court Act” means the Act Commorce
Court Act deentitled “An Act to create a commerce court, and to fined. amend an Act entitled 'An Act to regulate commerce,' approved February 4, 1887, as heretofore amended, and for other purposes," approved June 18, 1910;
The term “Federal Control Act” means the Act Federal Control entitled “An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other purposes," approved March 21, 1918, as amended;
The term “Federal control” means the possession, use, defined. control, and operation of railroads and systems of transportation, taken over or assumed by the President under section 1 of the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes," approved August 29, 1916, or under the Federal Control Act; and
to terminate 12.01
Commission The term “Commission” means the Interstate Commeans Interstate Commerce Com- merce Commission. mission.
TITLE II. -TERMINATION OF FEDERAL CONTROL. 41 Stat. L., 457. SEC. 200. (a) Federal control shall terminate at 12.01
a. m., March 1, 1920; and the President shall then relinFederal control quish possession and control of all railroads and systems a. m., Mar. 1, of transportation then under Federal control and cease
the use and operation thereof. Certain powers (b) Thereafter the President shall not have or exercise of President ab
any of the powers conferred upon him by the Federal
Control Act relatingUse, or opera (1) To the use or operation of railroads or systems of tion of railroads.
transportation; Control or su- (2) To the control or supervision of the carriers owning pervision.
or operating them, or of the business or affairs of such
carriers; Jatibarges action (3) To their rates, fares, charges, classifications, regu
lations, or practices; Water trans (4) To the purchase, construction, or other acquisition
of boats, barges, tugs, and other transportation facilities on the inland, canal, or coastwise waterways; or (except
in pursuance of contracts or agreements entered into nor before the termination of Federal control) of terminals,
motive power, cars, or equipment, on or in connection with any railroad or system of transportation;
(5) To the utilization or operation of canals; ; (6) To the purchase of securities of carriers, except in pursuance of contracts or agreements entered into before the termination of Federal control, or as a necessary or proper incident to the adjustment, settlement, liquidation and winding up of matters arising out of Federal control; or
(7) To the use for any of the purposes above stated (except in pursuance of contracts or agreements entered into before the termination of Federal control, and except as a necessary or proper incident to the winding up or
settling of matters arising out of Federal control, and Revolving except as provided in section 202) of the revolving fund to contracts created by such Act, or of any of the additions thereto
made under such Act, or by the Act entitled "An Act to supply a deficiency in the appropriation for carrying out the Act entitled 'An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other pur
poses,' approved March 21, 1918,” approved June 30, 1919. Powers of Pres- (c) Nothing in this Act shall be construed as affecting war unaffected. or limiting the power of the President in time of war (under
Terminals, motive power, equipment.
Purchase of securities, except for liquidation.
tund, except as
made for liquidation.
ident in time of