« PreviousContinue »
(e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1-31 of Title 50, Appendix.
(f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.
(g) Repealed. Sept. 26, 1950, ch. 1049, § 13 (5), 64 Stat. 1043.
(h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
(i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system.
(j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war.
(k) Any claim arising in a foreign country. (1) Any claim arising from the activities of the Tennessee Valley Authority. (m) Any claim arising from the activities of the Panama Canal Company.
(n) Any claim arising from the activities of a Federal land bank, a Federal Intermediate credit bank, or a bank for cooperatives. (June 25, 1948, ch. 646, 63 Stat. 984; July 16, 1949, ch. 340, 63 Stat. 444; Sept. 26, 1950, ch. 1049, $$ 2(a) (2), 13(5), 64 Stat. 1038; Aug. 18, 1959, Pub. L. 86–168, title II, § 202(b) 73 Stat. 389.)
PART VI. MOTOR CARRIER SAFETY SUBPART A. TITLE 49, UNITED STATES CODE, "TRANSPORTATION”
Chapter 1.—INTERSTATE COMMERCE ACT, PART I; GENERAL PRO
VISIONS AND RAILROAD AND PIPE LINE CARRIERS
(1) Authority, duties, and proceedings of Commission, witnesses.
16. Orders of Commission and enforcement thereof.
(12) Proceedings to enforce orders other than for payment of money. $ 12. Authority and duties of Commission; witnesses; depositions. (1) Authority, duties, and proceedings of Commission, witnesses.
The Commission shall have authority, in order to perform the duties and carry out the objects for which it was created, to inquire into and report on the management of the business of all common carriers subject to the provisions of this chapter, and to inquire into and report on the management of the business of persons controlling, controlled by, or under a common control with, such carriers, to the extent that the business of such persons is related to the management of the business of one or more such carriers, and the Commission shall keep itself informed as to the manner and method in which the same are conducted. The Commission may obtain from such carriers and persons such information as the Commission deems necessary to carry out the provisions of this chapter; and may transmit to Congress from time to time such recommendations (including recommendations as to additional legislation) as the Commission may deem necessary. The Commission is authorized and required to execute and enforce the provisions of this chapter; and, upon the request of the Commission, it shall be the duty of any United States attorney to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this chapter and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this chapter the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation. (2) Attendance of witnesses and production of documents.
Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. (3) Compelling attendance and testimony of witnesses, etc.
And any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this chapter, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (4) Depositions.
The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending 1 before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any United States commissioner, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. (5) Oath; subscription of testimony on deposition.
Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. (6) Deposition in foreign country; filing of depositions.
If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission. (7) Fees for depositions.
Witnesses whose depositions are taken pursuant to this chapter, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (Feb. 4, 1887, ch. 104, pt. I, § 12, 24 Stat. 383; Mar. 2, 1889, ch. 382, § 3, 25 Stat. 858; Feb. 10, 1891, ch. 128, 26 Stat. 743; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 28, 1920, ch. 91, § 415, 41 Stat. 484; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, title I, § 9 (a), 54 Stat. 910; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)
§ 16. Orders of Commission and enforcement thereof..
1 So in original
(12) Proceedings to enforce orders other than for payment of money.
If any carrier fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney General, may apply to any district court of the United States of competent jurisdiction for the enforcement of such order. If, after hearing, such court determines that the order was regularly made and duly served, and that the carrier is in disobedience of the same, such court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same.
(Feb. 4, 1887, ch. 104, pt. I, § 16, 24 Stat. 384: Mar. 2. 1889, ch. 382, § 5. 25 Stat. 859; June 29, 1906, ch. 3591, § 5, 34 Stat. 590; June 18, 1910, ch. 309, $ 13, 36 Stat. 554; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Oct. 22, 1913, ch. 32, 38 Stat. 219; Feb. 28, 1920, ch. 91, $$ 423—429, 41 Stat. 491, 492; June 7, 1924, ch. 325, 43 Stat. 633; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, title I, § 11 (a), (b), 54 Stat. 912, 913; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Aug. 2, 1949, ch. 379, § 6, 63 Stat. 486; Aug. 26, 1958, Pub. L. 85–762, § 1(1), (2), 72 Stat. 859.)
Chapter 2.–LEGISLATION SUPPLEMENTARY TO "INTERSTATE
§ 46. Self-incriminating testimony; perjury; refusal to testify.
No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the act of Congress, entitled, "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements, and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than $100 nor more than $5,000 or by imprisonment for not more than one year or by both such fine and imprisonment. (Feb. 11, 1893, ch. 83, 27 Stat. 443.) § 47. Immunity of witness from prosecution; perjury.
No person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supplemental thereto: Provided, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying. (Feb. 25, 1903, ch. 755, § 1, 32 Stat. 904.) $ 48. Immunity extended to natural persons only.
Under the immunity provisions in sections 43, 46, and 47 of this title immunity shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. (June 30, 1906, ch. 3920, 34 Stat. 798.)
Chapter 8.—INTERSTATE COMMERCE ACT, PART II;
furtherance, of primary business enterprise. 304. Powers and duties of Commission.
(a) Powers and duties generally.
(f) Exceptions to regulations for use of vehicles owned by others. 304a. Actions for recovery of charges; limitation of actions; definition; effec
tive date; action by or against United States. 305. Administration.
(a) Joint boards; composition; references of matters to boards.
membership; procedure on failure of board to act.
State commissions. (g) Court review of Commission's orders; compelling Commission
to take jurisdiction. (h) Application of section 17 of this title. (i) Pecuniary interest in motor carrier under investigation for
(j) Employees, examiners, attorneys, etc.; authority to employ. 305a. Joint Board, transportation requests. 306. Certificate of convenience and necessity.
(a) Necessity for; carriers in bona fide operation on June 1, 1935;
traffic moving to and from Territories and possessions;
(b) Application for certificate; form and contents. 307. Issuance of certificate.
(a) Issuance authorized to qualified applicants for regular routes
and between fixed termini. (b) Certificate not to confer proprietary or property rights in
highway. 308. Terms and conditions of certificate.
(a) Specification of routes and termini; extension of routes; re
striction on additions to equipment.
or reissuance of certificate.