See. 1 may certify to the Commission that it is essential to the national defense and security that certain traffic shall have preference or priority in transportation, and the priority upon Commission shall, under the power herein conferred, President. direct that such preference or priority be afforded. certificate of traffic. (16) Whenever the Commission is of opinion that any Routing of carrier by railroad subject to this Act is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15), make such just and reasonable directions with respect to the handling, routing, and movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon such terms as between the carriers as they may agree Fixation of upon, or, in the event of their disagreement, as the Com-riers disagree. mission may after subsequent hearing find to be just and reasonable. terms when car directions given carriers required. (17) The directions of the Commission as to car service and to the matters referred to in paragraphs (15) Commission's and (16) may be made through and by such agents or through agencies. agencies as the Commission shall designate and appoint for that purpose. It shall be the duty of all carriers by railroad subject to this Act, and of their officers, agents, Compliance by and employees, to obey strictly and conform promptly to such orders or directions of the Commission, and in case of failure or refusal on the part of any carrier, receiver, or operating trustee to comply with any such order or direction such carrier, receiver, or trustee shall Penalty. be liable to a penalty of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States: Provided, however, That nothing in this Act shall impair or affect the right of a State, in the exercise of its police power, to require just Preservation of and reasonable freight and passenger service for intrastate power. business, except in so far as such requirement is inconsistent with any lawful order of the Commission made under the provisions of this Act. State police convenience and (18) After ninety days after this paragraph takes ef- Certificate of fect no carrier by railroad subject to this Act shall un-necessity, when required. Sec. 1 dertake the extension of its line of railroad, or the construction of a new line of railroad, or shall acquire or operate any line of railroad, or extension thereof, or shall engage in transportation under this Act over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line of ment of line with railroad, and no carrier by railroad subject to this Act shall abandon all or any portion of a line of railroad, or the operation thereof, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity permit of such abandonment. Νο abandon out certificate from Commission. Procedure upon certificate. Notice. (19) The application for and issuance of any such cerapplication for tificate shall be under such rules and regulations as to hearings and other matters as the Commission may from time to time prescribe, and the provisions of this Act shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with the governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with be the right to be heard as hereinafter provided with respect to the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in each county in or through which said line of railroad is constructed or operates. Right to heard. Certificate may be refused, or is partially. (20) The Commission shall have power to issue such sued as prayed or certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may Terms and con- attach to the issuance of the certificate such terms and to issuance. conditions as in its judgment the public convenience and necessity may require. From and after issuance of such certificate, and not before, the carrier by railroad may, without securing approval other than such certificate, unnecessary. comply with the terms and conditions contained in or ditions attached Other approval Sec. 1 against unauthor operations, or Penalty. attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covered thereby. Any construction, operation, or abandon- Injunction ment contrary to the provisions of this paragraph or of ized construction, paragraph (18) or (19) of this section may be enjoined abandonment. by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. Commission may require pro ties for car serv Extension of lines. venience, neces (21) The Commission may, after hearing, in a proceeding upon complaint or upon its own initiative with- vision of facili out complaint, authorize or require by order any carrier ice. by railroad subject to this Act, party to such proceeding, to provide itself with safe and adequate facilities for performing as a common carrier its car service as that term is used in this Act, and to extend its line or lines: Provided, That no such authorization or order shall be made Prerequisite unless the Commission finds, as to such extension, that it finding as to conis reasonably required in the interest of public conven- sity and ability. ience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier subject to this Act which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall be liable to a penalty of $100 for each day during which such refusal or neglect continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Penalty. certifi. cate not required. (22) The authority of the Commission conferred by When paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located wholly within one State, or of street, suburban, or inter- operated electric urban electric railways, which are not operated as a cepted. In dependently railways ex 5238°---26-2 Sec. 1 40 Stat. L., 272. Penalty during war for obstruc commerce. part or parts of a general steam railroad system of transportation. (23) That on and after the approval of this Act any tion of interstate person or persons who shall, during the war in which the United States is now engaged, knowingly and willfully, by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retarding, the orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad or elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 or by imprisonment for not exceeding six months, or by both President may such fine and imprisonment; and the President of the tion or retarda- United States is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of interstate or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or elsewhere in the United States engaged in interstate or foreign commerce: Provided, That nothing in this section Clayton antitrust shall be construed to repeal, modify, or affect either section six or section twenty of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen. prevent obstruc tion. act. Proviso, as to 40 Stat. L., 272. President may (24) That during the continuance of the war in which direct priority in the United States is now engaged1 the President is authorized, if he finds it necessary for the national defense and security, to direct that such traffic or such shipment of transportation during war. 41 Stat. L., 1359. * * * * * * con 1 Public Resolution No. 64, 66th Congress, approved March 3, 1921, provides, in part: "That in the interpretation of any provision relating to the duration or date of the termination of the present war or of the present or existing emergency, in any acts of Congress taining provisions contingent upon the duration or the date of the termination of such war or of such present or existing emergency, the date when this resolution becomes effective shall be construed and treated as the date of the termination of the war or of the present or existing emergency, notwithstanding any provision in any act of Congress or joint resolution providing any other mode of determining the date of such termination." Sec. 1 How direction may be given. Administrative ized. commodities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by any common carrier by 1ailroad, water, or otherwise. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders direct, or through such person or persons as he may designate for the purpose or through the Interstate Commerce Commission. Officials of the United States, when so designated, shall receive no compensation for their services rendered hereunder. Persons not in the employ of the United States so designated shall receive such compensation as the President may fix. Suitable offices may be rented and all necessary expenses, including compen- facilities authorsation of persons so designated, shall be paid as directed by the President out of funds which may have been or may be provided to meet expenditures for the national security and defense. The common carriers subject to the Act to regulate commerce or as many of them as desire so to do are hereby authorized without responsibility or liability on the part of the United States, financial or otherwise, to establish and maintain in the city of maintain agency Washington during the period of the war an agency empowered by such carriers as join in the arrangement to receive on behalf of them all notice and service of such orders and directions as may be issued in accordance with this Act, and service upon such agency shall be good service as to all the carriers joining in the establishment to carriers. thereof. And it shall be the duty of any and all the officers, agents, or employees of such carriers by railroad or water or otherwise to obey strictly and conform promptly Carriers to such orders, and failure knowingly and willfully to comply therewith, or to do or perform whatever is necessary to the prompt execution of such order, shall render such officers, agents, or employees guilty of a misdemeanor, and any such officer, agent, or employee shall, Penalties. upon conviction, be fined not more than $5,000, or imprisoned not more than one year, or both, in the discretion Carriers may in Washington. Service upon agency good as obey orders. to of the court. For the transportation of persons or prop- Rates fixed by erty in carrying out the orders and directions of the Presi- the Commission. dent, just and reasonable rates shall be fixed by the Inter state Commerce Commission; and if the transportation be |