Sec. 1 Contracts for sale. Title not pass until pur power, cars, and other equipment, if any, provided by him in accordance with any other provisions of said section, and of any obligations of carriers that may be received in reimbursement of the cost thereof. SEC. 2. That any contract for the sale of any motive power, cars, or other equipment ordered or provided under any of the provisions of section 6 of said Act of to March 21, 1918, may provide that title thereto, notwithchase price paid, standing delivery of possession, shall not vest in the carrier until the purchase price, which may be payable in installments during any period not exceeding fifteen years, shall be fully paid and the conditions of purchase Acknowledg- fully performed. Any such contract shall be in writing, ment fled with and acknowledged or proved before some person authorized to administer oaths, and filed with the Interstate Commerce Commission within sixty days after the delivery thereof, and shall be valid and enforceable as against all persons whomsoever. Commission. Powers of President not limited. Execution SEC. 3. That nothing herein contained shall be deemed to abrogate or limit the powers conferred upon the President by said Act of March 21, 1918. of SEC. 4. That the President may execute any of the agencies. powers herein granted through such agencies as he may powers through determine. SEC. 5. That this Act is emergency legislation, enacted to meet conditions growing out of war and to effectuate said Act of March 21, 1918. TRANSPORTATION ACT, 1920 [Feb. 28, 1920.] AN ACT To provide for the termination of Federal control of railroads and systems of transportation; to provide for the settlement of disputes between carriers and their employees; to further amend an Act entitled "An Act to regulate commerce," approved February 4, 1887, as amended, and for other purposes. 41 Stat. L.. 456. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I. -DEFINITIONS SECTION 1. This Act may be eited as the "TransAct cited as portation Act, 1920." Transportation Act, 1920. 99 Secs. 2 and 200 SEC. 2. When used in this ActThe term " Interstate Commerce Act means the Act Interstate Comentitled "An Act to regulate commerce," approved February 4, 1887, as amended; The term 66 Commerce Court Act" means the Act entitled "An Act to create a commerce court, and to amend an Act entitled An Act to regulate commerce,' approved February 4, 1887, as heretofore amended, and for other purposes," approved June 18, 1910; The term "Federal Control Act " means the Act entitled "An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other purposes," approved March 21,-1918, as amended; merce Act defined. Commerce Court Act defined. Federal Control Act defined. Federal control The term "Federal control" means the possession, ded use, control, and operation of railroads and systems of transportation, taken over or assumed by the President under section 1 of the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes," approved August 29, 1916, or under the Federal Control Act; and 66 The term Commission means the Interstate Commerce Commission. TITLE II.TERMINATION OF FEDERAL CONTROL Commission means Interstate Commerce Commission. SEC. 200. (a) Federal control shall terminate at 12.01 41 Stat. L., 457. a. m., March 1, 1920; and the President shall then relinquish possession and control of all railroads and systems Federal control of transportation then under Federal control and cease 12.01 a. m., Mar. the use and operation thereof. to terminate 1, 1920. Certain powers of President ab (b) Thereafter the President shall not have or exercise any of the powers conferred upon him by the Fed-rogated eral Control Act relating tion of railroads. (1) To the use or operation of railroads or systems of Use, or operatransportation; (2) To the control or supervision of the carriers owning or operating them, or of the business or affairs of such carriers; Control or su pervision. lations, practices. (3) To their rates, fares, charges, classifications, regu- Charges, regulations, or practices; tation facilities. (4) To the purchase, construction, or other acquisition Water-transpor of boats, barges, tugs, and other transportation facilities on the inland, canal, or coastwise waterways; or (except Beca. 200 and 201 in pursuance of contracts or agreements entered into tive power, or before the termination of Federal control) of terminals, Terminals, mo equipment. Canals. Purchase of securities, except for liquidation. Revolving fund, except as to conliquidation. motive power, cars, or equipment, on or in connection. with any railroad or system of transportation; (5) To the utilization or operation of canals; (6) To the purchase of securities of carriers, except in pursuance of contracts or agreements entered into before the termination of Federal control, or as a necessary or proper incident to the adjustment, settlement, liquidation and winding up of matters arising out of Federal control; or (7) To the use for any of the purposes above stated tracts made for (except in pursuance of contracts or agreements entered into before the termination of Federal control, and except as a necessary or proper incident to the winding up or settling of matters arising out of Federal control, and except as provided in section 202) of the revolving fund created by such Act, or of any of the additions thereto made under such Act, or by the Act entitled "An Act to supply a deficiency in the appropriation for carrying out the Act entitled 'An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other purposes,' approved March 21, 1918," approved June 30, ident in time of 1919. Powers of Pres- (c) Nothing in this Act shall be construed as affecting or war unaffected. limiting the power of the President in time of war (under section 1 of the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes," approved August 29, 1916) to take possession and assume control of any system of transportation and utilize the same. Transfer of Government-owned GOVERNMENT-OWNED BOATS ON INLAND WATERWAYS SEC. 201. (a) On the termination of Federal control, boats to Secretary as provided in section 200, all boats, barges, tugs, and other transportation facilities, on the inland, canal, and 41 Stat. L., 458. Coastwise waterways (hereinafter in this section called of War. "transportation facilities ") acquired by the United States in pursuance of the fourth paragraph of section 6 of the Federal Control Act (except the transportation facilities constituting parts of railroads or transportation systems over which Federal control was assumed) are transferred to the Secretary of War, who shall operate or See. 201 Operation of in portation lines. control. cause to be operated such transportation facilities so hat the lines of inland water transportation established land water trans▸y or through the President during Federal control shall ɔe continued, and assume and carry out all contracts and agreements in relation thereto entered into by or through the President in pursuance of such paragraph prior to the time above fixed for such transfer. All pay- Contracts made ments under the terms of such contracts, and for claims during Federal arising out of the operation of such transportation facilities by or through the President prior to the termination of Federal control, shall be made out of moneys available under the provisions of this Act for adjusting, settling, liquidating, and winding up matters arising out of or incident to Federal control. Moneys required for such payments shall, from time to time, be transferred to the Secretary of War as required for payment under the terms of such contracts. Appropriation. Expenses after frayed. (b) All other payments after such transfer in connec- transfer, how detion with the construction, utilization, and operation of any such transportation facilities, whether completed or under construction, shall be made by the Secretary of War out of funds now or hereafter made available for that purpose. Construction of terminal facili Loans for con struction. (c) [As amended March 4, 1921.] The Secretary of War is hereby authorized, out of any moneys hereafter ties. made available therefor, to construct or contract for the construction of terminal facilities for the interchange of traffic between the transportation facilities operated by him under this section and other carriers whether by rail or water, and to make loans for such under purposes such terms and conditions as he may determine to any State, municipality, or transportation company; or to expend such moneys for necessary terminal improvements and facilities upon property leased from States, cities, or transportation companies under terms approved by the Interstate Commerce Commission, or otherwise, in accordance with any order rendered by said Commission under subheading (a), paragraph 13, section 6, Interstate Commerce Act. Facilities on Mississippi River (d) Any transportation facilities owned by the United States and included within any contract made by the above St. Louis. United States for operation on the Mississippi River above Saint Louis, the possession of which reverts to the Secs. 201 and 202 Interstate Com ping Acts. United States at or before the expiration of such contrac shall be operated by the Secretary of War so as to pro vide facilities for water carriage on the Mississippi Rive above Saint Louis. Application of (e) The operation of the transportation facilities re merce and Ship- ferred to in this section shall be subject to the provision of the Interstate Commerce Act as amended by this As or by subsequent legislation, and to the provisions of th 66 Shipping Act, 1916," as now or hereafter amended, i the same manner and to the same extent as if suc transportation facilities were privately owned and op erated; and all such vessels while operated and em ployed solely as merchant vessels shall be subject to a Laws, regula- other laws, regulations, and liabilities governing mer ties, generally. chant vessels, whether the United States is intereste therein as owner, in whole or in part, or holds any mor gage, lien, or interest therein. For the performance Administration the duties imposed by this section the Secretary of War authorized to appoint or employ such number of es perts, clerks, and other employees as may be necessar for service in the District of Columbia or elsewhere, an as may be provided for by Congress.1 tions, and liabili by Secretary of War. President to settle matters SETTLEMENT OF MATTERS ARISING OUT OF FEDERAL CONTROL SEC. 202. The President shall, as soon as practicable arising out of after the termination of Federal control, adjust, settle liquidate and wind up all matters, including compensa tion, and all questions and disputes of whatsoever nature Federal control. 41 Stat. L., 459. 1 Joint Resolution, approved February 27, 1921, provides as follows: "That at the end of thirty days after the passage of this resolution the 41 Stat. L., 1149. authority conferred upon the Secretary of War under section 201 of the N. Y. State Transportation Act, 1920, to operate for commercial purposes boats, barges Barge Canal ex- tugs, or other transportation facilities upon the New York State Barge empted. sale of boats to Canal shall cease, and thereafter there shall be no such operation by the Secretary of War or any other agency of the United States. The Secre tary of War shall as soon as is practicable, dispose of boats, barges, tugs, and other transportation facilities purchased or constructed for use upon the said canal, and, pending final disposition, the Secretary of War may Money from lease the same: Provided, That all the money obtained from the sale or be spent on other lease of these boats, barges, and tugs shall be available until expended by waterways. the inland and coastwise waterways service of the War Department in the inauguration and development of other inland, canal, and coastwise water ways in accordance with the expressed desire of Congress in section 500 of the Transportation Act, 1920: Provided further, That not to exceed 25 per Percentage of boats to be re- centum of the boats, barges, and tugs built or purchased for the United tained. States, herein authorized to be sold, may be retained by the United States for the operation of other inland, canal, or coastwise routes of the United States until such equipment can be replaced by other equipment to be purchased from funds received from the sale prescribed above." |