Sec. 16 order by courts. Enforcement of which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the circuit1 court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the circuit1 court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. Costs; attorney's If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. Findings of fact of Commission prima facie evi dence. fee. Time for actions by carriers. 43 Stat. L. 633. 43 Stat. L. 633. Complaints for damages. (3) (a) All actions at law by carriers subject to this part for recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after. (b) All complaints against carriers subject to this part against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subdivision (d). 43 Stat. L. 633. For recovery of overcharges. (c) For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers subject to this part within three years from the time the cause of action accrues, and not after, subject to subdivision (d), except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation said period shall be extended to include six months from the time notice in within limited writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. Extension, if claim presented period. 43 Stat. L. 633. Extension, if ac carrier, etc. (d) If on or before expiration of the two-year period tion begun by of limitation in subdivision (b) or of the three-year period of limitation in subdivision (c) a carrier subject to this part begins action under subdivision (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect 1 of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier. Sec. 16 Actions on ship (e) The cause of action in respect of a shipment of 43 Stat. L. 633. property shall, for the purposes of this section, be deemed ments to accrue to accrue upon delivery or tender of delivery thereof tender. by the carrier, and not after. on delivery or Petition for en (f) A petition for the enforcement of an order of the 43 Stat. L. 633. Commission for the payment of money shall be filed in forcing money the district court or the State court within one year from the date of the order, and not after. payment. (g) The term "overcharges" as used in this section 48 Stat. L. 633. shall be deemed to mean charges for transportation serv- "overcharges." Meaning of ices in excess of those applicable thereto under the tariffs lawfully on file with the Commission. Accrued causes of (h) The provisions of this paragraph (3) shall extend 48 Stat. L. 633. to and embrace cases in which the cause of action has action included. heretofore accrued as well as cases in which the cause of action may hereafter accrue, except that actions at law begun or complaints filed with the Commission against carriers subject to this part for the recovery of overcharges where the cause of action accrued on or after Action for recovMarch 1, 1920, shall not be deemed to be barred under charges. subdivision (c) if such actions shall have been begun or complaints filed prior to enactment of this paragraph or within six months thereafter. ery of over may sue joint de awards of dam (4) In such suits all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the Joint plaintiffs carriers parties to such order awarding such damages fendants on may be joined as defendants, and such suit may be ages. maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process Service of procagainst any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit the Judgment as to recovery, if any, may be by judgment in favor of any joint suit. one of such plaintiffs, against the defendant found to be liable to such plaintiff. (5) Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the ess, where made, single party, in Service of order. Sec. 16 Commission may suspend or modity order. Compliance required. Penalty for re fusal to obey or sections 3, 13, or 15. city of Washington or in such other manner as may be provided by law. (6) The Commission shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. (7) It shall be the duty of every common carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect. (8) Any carrier, any officer, representative, or agent der made under of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of sections 3, 13, or 15 of this part shall forfeit to the United States the sum of $5,000 for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Recovery of forfeiture. (9) The forfeiture provided for in this part shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs. (10) It shall be the duty of the various district attorneys, under the direction of the Attorney General of the District attorneys United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. to prosecute; costs and expenses. Commission may employ attorneys. Enforcement of (11) The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. (12) If any carrier fails or neglects to obey any order of the Commission other than for the payment of money, orders other than 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 the Com for payment of money. Secs. 16-16a merce Court for the enforcement of such order. If, after hearing, that Court determines that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the Court shall enforce obedience to such order by a writ of injunction or other writ of injuneproper process, mandatory or otherwise, to restrain such obedience. carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same. 8 tion to compel tracts, and public records. an (13) The copies of schedules and classifications and Schedules, contariffs of rates, fares, and charges, and of all contracts, nual reports filed. agreements, and arrangements between common carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the Commission as required under the provisions of this part shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie Receivable as evidence of what they purport to be for the purpose of dence. investigations by the Commission and in all judicial pro- Certified copies ceedings; and copies of and extracts from any of said facie evidence. schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Commission's seal, shall be received in evidence with like effect as the originals. REHEARINGS BY COMMISSION; STAY; DECISIONS prima facie evi or extracts prima rehearing. SEC. 16a. [Added June 29, 1906.] [U. S. Code, title Application for 49, sec. 16a.]1 That after a decision, order, or require- 34 Stat. L. 592. ment has been made by the Commission in any proceeding any party thereto may at any time make application for rehearing of the same, or any matter determined therein, and it shall be lawful for the Commission in its discretion to grant such a rehearing if sufficient reason therefor grant rehearings. be made to appear. Applications for rehearing shall be governed by such general rules as the Commission may 2 Upon the abolition of the Commerce Court by the Act of Oct. 22, 1913 (38 Stat. L. 219), and of the circuit courts (see footnote to sec. 12 (3), ante, and Judicial Code, sec. 291), jurisdiction devolved upon the district courts. 'The provisions of this paragraph, relating to schedules, contracts, and other public records, apply in the administration of the Motor Carrier Act, 1935, sec. 204 (f), post. 1 Similar provision, Motor Carrier Act, 1935, sec. 204 (e), post. Commission may Secs. 16a--17 to operate as stay unless ordered. Procedure upon rehearing. Application not establish. No such application shall excuse any carrier from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. In case a rehearing is granted the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct; and if, in its judgment, after such rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or Order may be re. modify the same accordingly. Any decision, order, or versed, changed, requirement made after such rehearing, reversing, changing, or modifying the original determination shall be subject to the same provisions as an original order. or modified. determine its procedure. PROCEEDINGS OF COMMISSION; DIVISIONS AND OPERATION THEREUNDER SEC. 17.1 [As amended March 2, 1889, August 9, 1917, February 28, 1920, February 28, 1933, and August 9, Commission may 1935.] [U. S. Code, title 49, sec. 17.] (1) That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. The Commission shall have Oaths; subpoenas, an official seal, which shall be judicially noticed. Any 25 Stat. L. 861. member of the Commission may administer oaths and 41 Stat. L. 492. affirmations and sign subpoenas. A majority of the Com49 Stat. L. 543. mission shall constitute a quorum for the transaction of Official seal. 24 Stat. L. 385. 40 Stat. L. 270. 47 Stat. L. 1368. Quorum. business, except as may be otherwise herein provided, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. The Commission may, from time to time, make or amend such General rules. general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division of the Commission, including forms of notices and the service thereof, which shall conform, as nearly Forms of notices; service. All the provisions of this section shall apply to all proceedings under part II of this Act (Motor Carrier Act, 1935), sec. 205 (i), post. Pecuniary interest of Commissioner or examiner prohibited, sec. 205 (j), post. |