by the Commission. A substitution of membership upon : a joint board from any State may be made at any time by nomination and appointment in the same manner as an original nomination and appointment.

Sec. 205

Substitute mem

bers.

Hearings, where

(d) Where practicable and as the Commission may by rule or order direct, hearings by any member, examiner, Heari or joint board upon any matter referred to him or to such board shall be held at such places within the United States as are convenient to the parties.

1

Subpenas.

(e) So far as may be necessary for the purposes of this part, the Commission and the members and examiners thereof and joint boards shall have the same power to administer oaths, and require by subpena the at- Oaths. tendance and testimony of witnesses and the production Production of of books, papers, tariffs, contracts, agreements, and doc- papers. uments, and to take testimony by deposition, relating to Depositions. any matter under investigation, as the Commission has in a matter arising under part I; and any person subpenaed or testifying in connection with any matter under investigation under this part shall have the same rights, privileges, and immunities and be subject to the same witnesses, imduties, liabilities, and penalties as though such matter altíes. arose under part I, unless otherwise provided in this part.

munities and pen

ing.

(f) In accordance with rules prescribed by the Commission, reasonable notice shall be afforded, in connection Notice of hearwith any proceeding under this part, to interested parties and to the board of any State, or to the governor if there be no board, in which the motor-carrier operations involved in the proceeding are or are proposed to be conducted, and opportunity for hearing and for inter- Opportunity for vention in connection with any such proceeding shall be afforded to all interested parties.

2

(g) The Commission is authorized to confer with or

intervention.

and cooperation

to hold joint hearings with any authorities of any State Joint hearings in connection with any matter arising in any proceedings with States. under this part. The Commission is also authorized to avail itself of the cooperation, services, records, and fa

'Authority of Commission to require attendance and testimony of witnesses, production of books and papers, depositions, etc., sec. 12; subpenas by Commissioner, sec. 17 (1); special agents or examiners, power to administer oaths, examine witnesses, and receive testimony, sec. 20 (10) ; valuation cases, sec. 19a (a), ante. Compare Elkins Act, sec. 3, and Compulsory Testimony and Immunity of Witnesses Acts, post.

'Joint hearings and cooperation with State authorities under part I, sec. 13 (3), ante.

Sec. 205

Office space for use of States.

cilities of such State authorities as fully as may be practicable, in the enforcement or administration of any provision of this part. From any space in the Interstate Commerce Commission Building not required by the Commission, the Government authority controlling the allocation of space in public buildings shall assign for the use of the national organization of the State commissions and of their representatives suitable office space and facilities which shall be at all times available for the use of joint boards created under this part and for members and representatives of such boards cooperating with the Commission or with any other Federal commission or department under this or any other Act; and if there be no such suitable space in the Interstate Commerce Commission Building, the same shall be assigned in some other building in convenient proximity thereto. (h) Any final order made under this part shall be Judicial review subject to the same right of relief in court by any party in interest as is now provided in respect to orders of the Commission made under part I: Provided, That, where the Commission, in respect of any matter arising under this part, shall have issued a negative order solely because of a supposed lack of power, any such party in interest may file a bill of complaint with the appropriate District Court of the United States, convened under the Urgent Deficiency Appropriations Act, October 22, 1913, and such court, if it determines that the Commission has such power, may enforce by writ of mandatory injunction the Commission's taking of jurisdiction.

of orders.

-negative orders.

-mandamus.

Assignment of work.

Prohibited inter

(i) All the provisions of section 17 of part I shall apply to all proceedings under this part.

(j) No member or examiner of the Commission or member of a joint board shall hold any official relation est in carriers, to, or own any securities of, or be in any manner pecuniarily interested in, any motor carrier or in any carrier by railroad, water, or other form of transportation.

etc.

(k) The Commission is authorized to employ, and to Employees, com- fix the compensation of, such experts, assistants, special agents, examiners, attorneys, and other employees as in

pensation.

'Judicial review of orders of Commission by district courts,

U. S. Code, title 28, sec. 41 et seq., post.

4

Qualifications of Commissioners, pecuniary interest, sec. 11, sec. 17 (1), sec. 24, ante.

5

'Employment of experts, attorneys, etc., under part I, secs. 18 (1), 19a (a), and 20 (10), ante.

its judgment may be necessary or advisable for the convenience of the public and for the effective administration of this part.

APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND

in

NECESSITY

Sec. 206

Certificates of

ence and neces

SEC. 206. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L 551. I, title 49, sec. 306.] (a)1 No common carrier by motor vehicle subject to the provisions of this part shall engage public conveniany interstate or foreign operation on any public high- sity. way, or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the Commission authorizing such requisite for operations: Provided, however, That, subject to section erate. 210, if any such carrier or predecessor in interest was in bona fide operation as a common carrier by motor vehicle

authority to op

carriers in opera

1935.

certificates with

for certificate.

on June 1, 1935, over the route or routes or within the ter--saving clause, ritory for which application is made and has so operated tion June 1, since that time, or if engaged in furnishing seasonal service only, was in bona fide operation on June 1, 1935, during the season ordinarily covered by its operation, except in either instance as to interruptions of service over which the applicant or its predecessor in interest had no control, the Commission shall issue such certificate issuance of without requiring further proof that public convenience out proof. and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Commission as provided in paragraph (b) application of this section and within one hundred and twenty days after this section shall take effect, and if such carrier was registered on June 1, 1935, under any code of fair competition requiring registration, the fact of registra- -effect of regis tion shall be evidence of bona fide operation to be con- code. sidered in connection with the issuance of such certificate. Otherwise the application for such certificate shall be decided in accordance with the procedure provided for in section 207 (a) of this part and such certificate shall be issued or denied accordingly. Pending the determina- Continuance of tion of any such application the continuance of such application. operation shall be lawful: And provided further, That this paragraph shall not be so construed as to require

'Compare, as to certificates of convenience and necessity for carriers by railroad, sec. 1 (18)-(20), ante.

tration under

operation after

Secs. 206-207

Exception, oper

ations within

State.

Application for certificates.

-service.

any such carrier lawfully engaged in operation solely within any State to obtain from the Commission a certificate authorizing the transportation by such carrier of passengers or property in interstate or foreign commerce between places within such State if there be a board in such State having authority to grant or approve such certificates and if such carrier has obtained such certificate from such board. Such transportation shall, however, be otherwise subject to the jurisdiction of the Commission under this part.

(b) Application for certificates shall be made in writing to the Commission, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission shall, by regulation, require. Any person, not included within the provisions of paragraph (a) of this section, who or which is engaged in transportation in interstate or foreign commerce as a eration after sec- common carrier by motor vehicle when this section takes effect may continue such operation for a period of one hundred and twenty days thereafter without a certificate and, if application for such certificate is made to the Commission within such period, the carrier may, under such regulations as the Commission shall prescribe, continue such operation until otherwise ordered by the Commission.

-continued op

tion effective.

-until order.

49 Stat. L. 551. Issuance of tificate.

-conformity

cer

ISSUANCE OF CERTIFICATE

SEC. 207. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 307.] (a)1 Subject to section 210, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of with regulations this part and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be convenience and denied: Provided, however, That no such certificate shall be issued to any common carrier of passengers by motor

and law.

-service required by public necessity.

'Compare, as to certificates of convenience and necessity for carriers by railroad, sec. 1 (18)-(20), ante.

Sec. 208

mini, passenger

vehicle for operations over other than a regular route Routes and teror routes, and between fixed termini, except as such car- carriers. riers may be authorized to engage in special or charter operations.

Rights in high

(b) No certificate issued under this part shall confer any proprietary or property rights in the use of the pub- way not conlic highways.

TERMS AND CONDITIONS OF CERTIFICATE

ferred.

specified.

territory served.

terms, condi

SEC. 208. [Added August 9, 1935.] [U. S. Code, Sup. I, 49 Stat. L. 552. title 49, sec. 308.] (a) Any certificate issued under section 206 or 207 shall specify the service to be rendered service to be and the routes over which, the fixed termini, if any, between which, and the intermediate and off-route points, if any, at which, and in case of operations not over specified routes or between fixed termini, the territory termini and within which, the motor carrier is authorized to operate; and there shall, at the time of issuance and from time to time thereafter, be attached to the exercise of the privileges granted by the certificate such reasonable terms, Reasonable conditions, and limitations as the public convenience and tions, and limita necessity may from time to time require, including terms, conditions, and limitations as to the extension of the route or routes of the carrier, and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the Commission under section 204 (a) (1) and (6): Provided, however, That no terms, conditions, or limitations shall restrict the right of the carrier to add to additional his or its equipment and facilities over the routes, be- facilities unretween the termini, or within the territory specified in the certificate, as the development of the business and the demands of the public shall require.

tions.

equipment and

stricted.

termini.

(b) A common carrier by motor vehicle operating Casual deviaunder any such certificate may occasionally deviate from tions, route or the route over which, and/or the fixed termini between which, it is authorized to operate under the certificate, under such general or special rules and regulations as the Commission may prescribe.

(c) Any common carrier by motor vehicle transporting passengers under a certificate issued under this part

may transport in interstate or foreign commerce to any Special or charplace special or chartered parties under such rules and tered party. regulations as the Commission shall have prescribed.