the District of Columbia. The commissioner shall be appointed by the Commissioners of the District, and may be removed by such commissioners after public hearing for inefficiency, neglect of duty, or malfeasance in office, but for no other cause and in no other manner. The term of office of the commissioner shall be three years, except that any person chosen to fill a vacancy in such office shall be appointed only for the unexpired term of his predecessor in office. The commissioner shall receive salary at the rate of $4,000 a year, payable monthly. The commissioner may make such regulations, and, subject to the approval of the Commissioners of the District, may appoint and remove such officers, employees, and agents and make such expenditures for rent, printing, telephone, law books, books of reference, periodicals, furniture, office equipment, and other supplies and expenditures as he may deem necessary to the efficient administration of the functions vested in him. All such expenditures of the commissioner shall, upon the presentation of itemized vouchers approved by him, be audited and paid in the same manner as other expenditures for the District. The major and superintendent of the Metropolitan police force of the District is directed to cooperate with the commissioner in administering the provisions of this act, except secton 3 and regulations issued thereunder, and to detail to act under the direction of the commissioner administering such provisions and regulations such number, not in excess of five at any one time, of motor-cycle police, together with motor cycles and other necessary equipment, as the commissioner may request. Any regulation made by the commissioner under the provisions of this act shall be subject to the approval of the Commissioners of the District.

SEC. 5. (1) The commissioner is authorized to issue annually to the owner of any motor vehicle upon his application therefor under oath and upon such forms and in such manner as the commissioner may prescribe (a) a numbered motor vehicle registry card for such vehicle, and (b) two metal registry tags or other markers of such design as the commissioner may prescribe. The validity of such registry card and tags or other markers shall expire at the end of the calendar year for which they are issued or upon any transfer of ownership of the motor vehicle for which they are issued or upon the permanet removal from the District of such motor vehicle. No such registry card or registry tags or other markers shall be issued for any motor vehicle for which, in the opinion of the commissioner, is so constructed or is in such condition as to be, when in operation, a menace to the safety of its occupants or the public or a source of unreasonable damage to the public highways.

(2) Such registry cards shall, together with such other matter as the commissioner may prescribe, (a) give a description of the motor vehicle for which it is issued. and (b) state the engine number and the registry number of such motor vehicle, and the owner's name and address.

(3) Upon the issuance of each such registry card the commissioner shall collect and cover into the Treasury of the United States to the credit of the District a fee as follows: For each motor vehicle of twenty-four horsepower or less, $3; for each motor vehicle of twenty-four horsepower but not more than thirty horsepower, $5; and for each motor vehicle of more than thirty horsepower, $10: Provided, That motor vehicles owned by the United States or the District are exempt from the payment of any such fee.

(4) No person shall operate a motor vehicle in the District, save as provided in section 7 of this act, unless he (a) carries upon his person and is lawfully in possession of the registry card issued for such motor vehicle, and (b) has the corresponding registry tags or other markers attached to such vehicle in such manner as the commissioner may prescribe.

SEC. 6. (1) The commissioner is authorized to issue, upon an application therefor, upon such forms and in such manner as the commissioner may prescribe, a permanent motor-vehicle operator's license card to any person over sixteen years of age who evidences an ability to operate a motor vehicle of the class designated in his application in such manner as not to jeopardize the safety or property of the public as demonstrated by actual operation of such a motor vehicle within a congested portion of the District and in the presence of the commissioner or some person authorized by him for such purpose. The commissioner may, in his discretion. also require a certificate under oath by a duly licensed physician that the applicant is mentally and physically qualified, in accordance with tests to be promulgated by the commissioner, so as to operate a motor vehicle of the class designated in his application.

(2) The commissioner shall establish classes of motor vehicles. Such classes shall distinguish between automobiles, automobile trucks, motor cycles and

motor bicycles, and between motor vehicles propelled by electric power and those propelled by any other form of power, and shall include such subdivisions of such classes and such additional classes as the commissioner may prescribe. The commissioner shall limit the privilege granted by any operator's license card to the operation of that class of motor vehicles for which operator makes application.

(3) Such operator's license card shall, together with such other matter as the commissioner may prescribe, (a) state the name and address of the holder; (b) contain space for his signature and for the certification of all warnings and convictions for violations of the provisions of this act or any other law or any regulation issued thereunder regulating motor vehicle traffic in the District.

(4) Upon issuance of such operator's license card the commissioner shall collect and cover into the Treasury of the United States to the credit of the District a fee of $2: Provided, That any person employed by the United States or the District as a chauffeur for a motor vehicle of the class for which the operator's license card is issued shall be exempt from the payment of any fee provided for by this section.

(5) No person shall operate a motor vehicle in the District, save as provided in section 7 of this act, unless he carries upon his person an operator's license card issued to and signed by him for the class of motor vehicle which he is operating: Provided, That the commissioner is authorized to issue to any person desiring to receive instructions in operating a motor vehicle a thirtyday instruction license card upon the payment of a fee of $1 to be covered into the Treasury of the United States to the credit of the District. Any such licensee may thereupon during the thirty-day period operate within the District a motor vehicle of the class designated upon such license whenever he is accompanied and supervised by a holder of an operator's license card obtained for such class of motor vehicle in accordance with the provisions of this section. SEC. 7. In the case of any motor vehicle whose situs is not within the District and whose owner has complied with the laws of the State of its situs relating to the registration of motor vehicles and the licensing of operators thereof, the owner or operator of such motor vehicle shall not be held liable for any violation of the provisions of sections 5 or 6 of this act if the registry tags or other markers belonging to such motor vehicle are displayed in the manner prescribed by the regulations issued under section 5: Provided, That the commissioner has previously found that the State of the situs of such motor vehicle extends similar privileges to motor vehicles whose situs is in the District. Whenever the commissioner makes such a finding he shall promulgate a regulation to that effect. The provisions of this section shall not extend to any person who has been twice convicted of a violation of this act or any regulation issued thereunder.

SEC. 8. The commssioner, subject to the approval of the Commissioners of the District, is authorized to make such regulations with respect to the brakes, horns, lights, mufflers, and other equipment, and the speed and parking of motor vehicles, rules of the road, and such other regulations in respect to motor vehicle traffic in the District, not in conflict with the provisions of this act or other existing provisions of law, as he may deem advisable. For the first, second, or third violation of any regulation issued under the provisions of this section, any member of the Metropolitan police force or other person under a duty to enforce the provisions of this act, may in his discretion, warn the violator in lieu of placing him under arrest. Such member or other person may thereupon certify the fact of such warning upon the proper space provided on the operator's license card of the operator of the motor vehicle involved in such violation. For any subsequent violation the violator shall be subject to arrest only. Upon the final entry of conviction of any operator for any violation of any provision of this act the clerk of the court shall certify the fact of such conviction upon the proper space provided upon the operator's license card.

SEC. 9. No person shall alter or counterfeit any registry card or tag or other marker or operator's license card issued by the commissioner.

SEC. 10. Any person violating any provision of sections 5 to 9, inclusive, of this act or any regulation issued thereunder shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than one year or both. In addition to or in lieu of the imposition of any such penalty the court may, in its discretion, revoke the privileges granted by the issuance of the operator's license card of the violator or of the registry card and tags or other markers for the motor vehicle involved in such violation, or both, and order the surrender of such cards, tags, or other markers. Any failure to surrender any

cards, tags, or other markers in accordance with such order may be held a contempt of court. No operator's license card shall be issued by the commissioner to any such violator or any such registry card, or tags, or other markers issued for any such motor vehicle within three months after any such violation, nor thereafter except upon order of the judge of the traffic court. In case any motor vehicle for which a registry card has not been issued in accordance with the provisions of this act is operated in violation of paragraph 4 of section 5 thereof by anyone lawfully in possession of such motor vehicle, the owner of such motor vehicle, as well as the operator thereof, shall be liable to the penalties provided in this section for such violation.

SEC. 11. In construing or administering the provisions of this act whenever the act, omi sion, or failure of any person acting for an individual, partnership, association, or corporation within the scope of his office, employment, agency, or other authority granted him as an operator of a motor vehicle, is in violation of any provision of this act or any regulation issued thereunder, such individual, partnership, association, or corporaton, as well as such person, shall be guilty of such violation and shall be liable therefor to the same penalties as such person, except that in case the penalty imposed is the revocation of the operator's license card, the corresponding penalty, in case such individual, partnership, association, or corporation is the owner of the motor vehicle involved in the violation, shall be the revocation of the privileges granted by and the surrender of the registry card and tags or other markers issued for such motor vehicle.

SEC 12. The commissioner may, after giving three days' notice by registered letter or telephone to the holder of any operator's license card or to the owner of any motor vehicle for which a registry card and tags or other markers have been issued, as the case demands, revoke the privileges granted by such operator's license card or registry card and tags or other markers and order their surrender whenever in his opinion

(1) The holder of such operator's license card has obtained it by fraud or misrepresentation or is not mentally or physically qualified to operate a motor vehicle of the class designated on such card in such manner as not to jeopardize the safety or property of the public, or is the operator of a motor vehicle involved in a violation of section 18 of this act;

(2) The owner of any motor vehicle has obtained the registry card and tags or other markets issued therefor by fraud or misrepresentation; or

(3) Any motor vehicle is so constructed or is in such condition as to be, when in operation, a menace to the safety of its occupants or the public or a source of unreasonable damage to the public highways, or is involved in a violation of section 18 of this act.

In case of any failure to obey any order of the commissioner for the surrender as provided in this section of any operator's license card, or registry card, tags, or other markers, the judge of the traffic court is authorized upon the request of the commissioner to issue a court order compelling obedience to the order of the commissioner. Any failure to obey such court order may be held a contempt of court. No privilege revoked under this section shall be restored within six months after its revocation, nor thereafter except upon order of the commissioner.

SEC. 13. Upon application and complaint of the party in interest to the commissioner within three days (a) after the receipt of any such notice, as is provided in section 12, in case of a revocation by the commissioner of the privileges granted by the operator's license card or the registry card and tags or other markers for any motor vehicle of such owner, or (b) after the refusal of the commissioner to issue any operator's license card or registry card and tags or other markers, as provided in sections 5 and 6, the commissioner shall promptly afford an opportunity for public hearing to such party and determine the complaint involved in such application. Unless within 10 days after the filing of any such determination of the commissioner the party to the complaint appeals therefrom to the Court of Appeals of the District, the determination of the commissioner shall be final and conclusive. If such an appeal is taken from the determination of the commissioner, the record before the commissioner, or such part thereof as the court may order, shall be certified by it to the court and shall constitute the record before the court, and the commissioner's determination shall not be modified or set aside by the court except for error of law. If any party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure

to adduce such evidence in the proceeding before the commissioner, the court may order such additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. The commissioner may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and shall file such modified or new findings, which shall be conclusive, and his recommendations, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. Pending the final decision on appeal from a determination of the commissioner, the commissioner's determination shall be in full force and effect and the appeal shall not operate as a supesedeas or in any manner stay or postpone the enforcement of the determination appealed from. Immediately upon the entry of a final decision on the appeal the commissioner shall, if necessary, modify his determination in order to make it conform to such decision.

SEC. 14. (1) For the efficient administration of the functions vested in the commissioner by this act, he may require, by subpoena issued and signed by himself, the attendance of any witness and the production of any book, paper, document, or other evidence from any place in the United States at any designated place of hearing, and the taking of a deposition before any designated person having power to administer oaths. In the case of a deposition the testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed to by the deponent. The commissioner may administer oaths and examine any witness. Any witness summoned before the commissioner and any witness whose deposition is taken shall be paid the same fees and mileage as are paid witnesses in the courts of the United States.

(2) In case of failure to comply with any subpoena or in case of the contumacy of any witness appearing before the commissioner, he may invoke the aid of the traffic court or any United States district court. Such court may thereupon order the witness to comply with the requirements of such subpoena or to give evidence touching the matter in question, as the case may be. Any failure to obey such order may be punished by such court as a contempt thereof.

(3) No person shall be excused from so attending and testifying or deposing, nor from so producing any book, paper, document, or other evidence on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which, in obedience to a subpoena and under oath, he may so testify or produce evidence, documentary or otherwise. But no person shall be exempt from prosecution and punishment for perjury committed in so testifying.

SEC. 15. (1) Whenever in the District any motor vehicle strikes any person or any vehicle containing a person, the operator shall immediately stop such motor vehicle and the operator and any occupant of such motor vehicle having authority to control its operation shall render to the person or occupant of the vehicle struck all necessary assistance within their power, including the carrying of any person injured in such accident to a place where necessary medical treatment is obtainable or to such other place as the injured person may request. Such operator and occupants, if requested by the injured person or his representative within a reasonable time after such accident, shall give to such person or representative the number of the motor vehicle and the name and address of the owner and operator and of any occupants thereof not in excess of five. Such operator and occupants shall, unless physically unable, within twenty-four hours after any such accident in which any person is injured report the details thereof to the commissioner.

(2) No person shall, while under the influence of liquor or drugs, operate any motor vehicle in the District; and no person shall, without the consent of the commissioner, operate any motor vehicle upon the public highways of the District in a speed contest.

(3) Any person violating any provision of this section shall upon conviction thereof be fined not less than $100 or not more than $1,000 or imprisoned for not more than one year, or both; and in addition the court shall, in the case of an operator, revoke the privileges granted by his operator's license card; and in the case of any person having authority to control the operation of the motor vehicle, such motor vehicle shall be declared forfeited. No privilege revoked under the provisions of this section shall be subsequently restored.

SEC. 16. For the period subsequent to the passage of this act ending June 30, 1921, the sum of $25,000 is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated; and for each fiscal year thereafter the sum of $20,000 is hereby authorized to be appropriated, one-half to be paid out of any money in the Treasury of the United States and one-half out of the revenues of the District. The commissioner may expend such sums in the execution of the functions vested in him by this act. The Commissioners of the District are directed to furnish the commissioner with appropriated quarters and office furniture.

SEC. 17. The act entitled "An act regulating the speed of automobiles in the District of Columbia, and for other purposes," approved June 29, 1906, is hereby repealed. So much of the act entitled "An act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1918, and for other purposes." approved March 3, 1917, as relates to the regulation of motor vehicles (Thirty-ninth Statutes at Large, page 1012), is hereby repealed, to take effect thirty days after the appointment of the commissioner as provided in this act, except that any violation of such provisions committed prior to the time of their repeal may be prosecuted and the penalties therefor enforced in the same manner and with the same effect as if this act had not been passed.

SEC. 18. As used in this section the term "place of public accommodation" includes any hotel, apartment-hotel, railroad terminal, restaurant, theater or other place of public amusement in the District.

No person who mainains a place of public accommodation shall in any manner, directly or indirectly, authorize any common or private motor vehicle carrier of passengers for hire to use any portion of the public highway fronting the premises of such place of public accommodation or to gain access either upon the public highway or private property to the entrances or exits of such place of public accommodation in such manner as will prevent any other such carrier from having an equal and reasonable opportunity to offer and afford his services as a carrier to the patrons of such place of public accommodation; nor shall any such carrier make use of the public highway or any private property in any such manner. Any person who maintains a place of public accommodation or any carrier who violates any provision of this section or any regulation issued thereunder shall be liable to a fine of $100 a day for each vehicle in respect to which such violation occurs, and each day or fraction thereof during which such offense continues shall constitute a separate violation in respect to such vehicle.

SEC. 19. All regulations issued under the provisions of this act and all determinations of the commissioner in which he renders a written opinion shall be published, together with an index-digest thereof and references to all court decisions with respect to this act, annually by the commissioner. A cumulative index-digest shall be compiled at least each fifth year. The commissioner shall publish annually in pamphlet form and have available for free public distribution this act and any regulations issued thereunder. The commissioner shall as soon as practicable after the end of each fiscal year make and publish an annual report to the commissioners of the District.

SEC. 20. If any provision of this act, or the application of such provision to certain circumstances, is held unconstitutional, the remainder of the act, and the application of such provision to circumstances other than those as to which it is held unconstitutional, shall not be affected thereby.

STATEMENT OF MR. L. A. STERNE, ORGANIZER OF THE AMERICAN FEDERATION OF LABOR, REPRESENTING THE PUBLIC VEHICLE CHAUFFEURS' UNION NOS. 625 AND 654.

Mr. ZIHLMAN. Mr. Sterne, will you please state your name and who you represent?

Mr. STERNE. L. A. Sterne, volunteer organizer of the American. Federation of Labor, 417 G Street NW., Washington, D. C., representing the Public Vehicle Chauffeurs' Union Nos. 625 and 654. Mr. Chairman and gentlemen of the committee, as a representative of the men I consider most affected by this legislation, I beg to state that the unions at interest approve the regulation of