[PUBLIC LAW 881-81ST CONGRESS] [CHAPTER 1140-2D SESSION] [H. R. 5967) AN ACT To amend the Interstate Commerce Act, as amended, to clarify the status of freight forwarders and their relationship with motor common carriers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) (5) of section 402 of the Interstate Commerce Act, as amended, is amended by adding, following the words "general public” appearing therein, the words "as a common carrier". SEC. 2. Section 409 of the Interstate Commerce Act, as amended, is hereby amended to read as follows: “UTILIZATION BY FREIGHT FORWARDERS OF SERVICES OF COMMON CARRIERS BY MOTOR VEHICLE "SEC. 409. (a) Nothing in this Act shall be construed to prevent freight forwarders subject to this part from entering into or continuing to operate under contracts with common carriers by motor vehicle subject to part II of this Act, governing the utilization by such freight forwarders of the services and instrumentalities of such common carriers by motor vehicle and the compensation to be paid therefor: Provided, That in the case of such contracts it shall be the duty of the parties thereto to establish just, reasonable, and equitable terms, conditions, and compensation which shall not unduly prefer or prejudice any of such participants or any other freight forwarder and shall be consistent with the national transportation policy declared in this Act: And provided further, That in the case of line-haul transportation between concentration points and break-bulk points in truckload lots where such line-haul transportation is for a total distance of four hundred and fifty highway-miles or more, such contracts shall not permit payment to common carriers by motor vehicle of compensation which is lower than would be received under rates or charges established under part II of this Act. "(b) Contracts entered into or continued pursuant to subsection (a) of this section shall be filed with the Commission in accordance with such reasonable rules and regulations as the Commission shall prescribe. Whenever, after hearing, upon complaint or upon its own initiative, the Commission is of opinion that any such contract, or its terms, conditions, or compensation is or will be inconsistent with the provisions and standards set forth in subsection (a) of this section, the Commission shall by order prescribe the terms, conditions, and compensation of such contract which are consistent therewith." SEC. 3. Nothing in this Act shall be construed as amending or affecting section 413 of the Interstate Commerce Act. SEC. 4. This Act shall take effect on the date of its enactment, except that (1) no contract entered into pursuant to section 409 of the Interstate Commerce Act, as amended by section 2 of this Act, shall become effective prior to the expiration of nine months after the date of the enactment of this Act; and (2) until the expiration of nine months after the date of the enactment of this Act freight forwarders and common carriers by motor vehicle may operate under joint rates or charges in accordance with the provisions of subsection (b) of section 409 of the Interstate Commerce Act as that subsection was in force immediately prior to the date of the enactment of this Act. Approved December 20, 1950. [PUBLIC LAW 893-81ST CONGRESS] [S. 3910] AN ACT Relating to the assignment of surplus clerks in the Postal Transportation Service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the paragraph headed "Railway Mail Service" in the Act entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes", approved March 3, 1917, as amended, is amended by inserting after the second proviso thereof (62 Stat. 575; 39 U. S. C. 632) the following: "Provided further, That when a surplus clerk cannot be placed in a position of his grade without giving him preference over a clerk with a longer continuous postal transportation service record, he may be relegated to a lower-grade position in his own organization or transferred elsewhere to any grade that may be available for a regular clerk of his standing, under such regulations as the Postmaster General may prescribe:". Approved December 28, 1950. [PUBLIC LAW 906-81ST CONGRESS] [CHAPTER 1194-2D SESSION] [8. 3357] AN ACT To prohibit transportation of gambling devices in Interstate and foreign commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Act (a) The term "gambling device" means (1) any so-called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or (2) any machine or mechanical device designed and manufac tured to operate by means of insertion of a coin, token, or similar object and designed and manufactured so that when operated it may deliver, as the result of the application of an element of chance, any money or property; or (3) any subassembly or essential part intended to be used in connection with any such machine or mechanical device. (b) The term "State" includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, and Guam. (c) The term "possession of the United States" means any possession of the United States which is not named in paragraph (b) of this section. SEO. 2. It shall be unlawful knowingly to transport any gambling device to any place in a State, the District of Columbia, or a possession of the United States from any place outside of such State, the District of Columbia, or possession: Provided, That this section shall not apply to transportation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the exemption of such subdivision from the provisions of this section. Nothing in this Act shall be construed to interfere with or reduce the authority, or the existing interpretations of the authority, of the Federal Trade Commission under the Federal Trade Commission Act, as amended (15 U. S. C. 41-58). SEC. 3. Upon first engaging in business, and thereafter on or before the 1st day of July of each year, every manufacturer of and dealer in gambling devices shall register with the Attorney General his name or trade name, the address of his principal place of business, and the addresses of his places of business in such district. On or before the last day of each month every manufacturer of and dealer in gambling devices shall file with the Attorney General an inventory and record of all sales and deliveries of gambling devices as of the close of the preceding calendar month for the place or places of business in the district. The monthly record of sales and deliveries of such gambling devices shall show the mark and number identifying each article together with the name and address of the buyer or consignee thereof and the name and address of the carrier. Duplicate bills or invoices, if complete in the foregoing respects, may be used in filing the record of sales and deliveries. For the purposes of this Act, every manufacturer or dealer shall mark and number each gambling device so that it is individually identifiable. In cases of sale, delivery, or shipment of gambling devices in unassembled form, the manufacturer or dealer shall separately mark and number the components of each gambling device with a common mark and number as if it were an assembled gambling device. It shall be unlawful for any manufacturer or dealer to sell, deliver, or ship any gambling device which is not marked and numbered for identification as herein provided; and it shall be unlawful for any manufacturer or dealer to manufacture, recondition, repair, sell, deliver, or ship any gambling device without having registered as required by this section, or without filing monthly the required inventories and records of sales and deliveries. SEC. 4. All gambling devices, and all packages containing any such, when shipped or transported shall be plainly and clearly labeled or marked so that the name and address of the shipper and of the consignee, and the nature of the article or the contents of the package may be readily ascertained on an inspection of the outside of the article or package. SEC. 5. It shall be unlawful to manufacture, recondition, repair, sell, transport, possess, or use any gambling device in the District of Columbia, in any possession of the United States, within Indian country as defined in section 1151 of title 18 of the United States Code or within the special maritime and territorial jurisdiction of the United States as defined in section 7 of title 18 of the United States Code. SEC. 6. Whoever violates any of the provisions of sections 2, 3, 4, or 5 of this Act shall be fined not more than $5,000 or imprisoned not more than two years, or both. SEC. 7. Any gambling device transported, delivered, shipped, manufactured, reconditioned, repaired, sold, disposed of, received, possessed, or used in violation of the provisions of this Act shall be seized and forfeited to the United States. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof: Provided, That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and bag. gage under the customs laws shall be performed with respect to seizures and forfeitures of gambling devices under this Act by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. SEC. 8. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Approved January 2, 1951. |