Sces. 12 and 13 manner and form. made without ation. Accounting, the same officers, and the accounting thereof shall be in 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 taxes. tioned. Payment of war 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. At such periods as the President may direct, the books 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 revolving fund in such manner as the President may direct. Balances COV ered into public treasury. ofrevolving fund. Pending litigation unaffected. 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 final judgment or decree until such time as it shall deem proper. tion authorized. REIMBURSEMENT FOR MOTIVE POWER AND EQUIPMENT ACT. Sec. 1. 109 Federal control. ment of systems SEC 14. That the Federal control of railroads and Termination of 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-Relinquishdred and eighteen, relinquish control of all or any part not needed. 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 police laws not af 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 issue of stocks and bonds. Emergency character of Act. SEC. 16. That this Act is expressly declared to be 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. REIMBURSEMENT OF THE UNITED STATES FOR MOTIVE POWER AN ACT To provide for the reimbursement of the United States for not expressed or Be it enacted by the Senate and House of Representatives 41 Stat. L., 359. of the United States of America in Congress assembled, That in order to make provision for the reimbursement 110 Secs. 1 and 2 REIMBURSEMENT FOR MOTIVE POWER AND EQUIPMENT ACT. receive reim cash,securities,or 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 paragraph 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 otherwise. 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 dispose of equip tions of carriers. 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 sale. Title not pass until pur 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 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 Acknowledg fully performed. Any such contract shall be in writing, Commission. 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. ment filed with Secs. 1 and 2 President not SEC. 3. That nothing herein contained shall be deemed Powers 01 to abrogate or limit the powers conferred upon the Presi- limited. dent by said Act of March 21, 1918. Execution of agencies. SEC. 4. That the President may execute any of the powers through powers herein granted through such agencies as he may determine. legislation. SEC. 5. That this Act is emergency legislation, enacted, Emergency 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, TITLE I.-DEFINITIONS. SECTION 1. This Act may be cited as the "Trans- 41 Stat.., L., 456. portation Act, 1920." Act cited as Transportation Act, 1920. merce Act de SEC. 2. When used in this ActThe term "Interstate Commerce Act" means the Act Interstate Comentitled "An Act to regulate commerce," approved Feb- fined. ruary 4, 1887, as amended; Court Act de The term "Commerce Court Act" means the Act Commerce entitled "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; Act defined. 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; Federal control 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 Sec. 200 Commission means Interstate The term "Commission" means the Interstate Com Commerce Commerce Commission. mission. 41 Stat. L., 457. TITLE II. TERMINATION OF FEDERAL CONTROL. 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 3. m., Mar. 1, of transportation then under Federal control and cease the use and operation thereof. to terminate 12.01 1920. Certain powers of President abrogated Use, or operation of railroads. pervision. (b) Thereafter the President shall not have or exercise any of the powers conferred upon him by the Federal Control Act relating (1) To the use or operation of railroads or systems of transportation; Control or su- (2) To the control or supervision of the carriers owning or operating them, or of the business or affairs of such carriers; lations, practices. Charges, regu- (3) To their rates, fares, charges, classifications, regulations, or practices; Water transportation facilities. (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 Terminals, mo- before the termination of Federal control) of terminals, motive power, cars, or equipment, on or in connection with any railroad or system of transportation; tive power, equipment. Canals. or Purchase of securities, except for liquidation. Revolving made for liquidation. (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 tund, except as 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 purposes,' approved March 21, 1918," approved June 30, 1919. (c) Nothing in this Act shall be construed as affecting or limiting the power of the President in time of war (under Powers of President in time of war unaffected. |