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Seo. 1

for

Contracts male.

Title not to pass until

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

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, mento Aled with and acknowledged or proved before some person author

ized 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. .

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.

SEC. 4. That the President may execute any of the powers herein granted through such agencies as he may 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.

Powers of President not limited.

Execution of powers through agencies.

Emergency legislation.

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 com. merce," approved February 4, 1887, as amended, and for other purposes.

Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,

TITLE I. - DEFINITIONS

41 Stat. Leon 486. SECTION 1. This Act may be eited as the “Trang Act cited sportation Act, 1920.” Transportation Act, 1920.

Act

de

merce fined.

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Secs. 2 and 200 SEC. 2. When used in this Act

The term “ Interstate Commerce Act” means the Act Interstate Comentitled “ An Act to regulate commerce," approved February 4, 1887, as amended; The term Commerce Court Act means the Act

Oommerce

Court Act defined. 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 en- Federal Control

Act defined. titled “ 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; The term Federal control

means the possession, delines

Federal control 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

The term Commission means the Interstate Com- Oommission merce Commission.

Commerce Commission.

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means Interstate

TITLE II.-TERMINATION OF FEDERAL CONTROL

41 Stat. L., 467.

to

terminate

1

Certain powers of President ab

Sec. 200. (a) Federal control shall terminate at 12.01 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. 2. m., Mar. the use and operation thereof.

(b) Thereafter the President shall not have or exercise any of the powers conferred upon him by the Fed- rogatec eral Control Act relating

(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; (3) To their rates, fares, charges, classifications, regu- Charges, regu.

lations, practices. lations, or practices;

(4) To the purchase, construction, or other acquisition Water-transporof boats, barges, tugs, and other transportation facilities on the inland, canal, or coastwise waterways; or (except

tion of railroads.

Control or mupervision.

tation facilities,

Secs. 200 and 201

tive

power,

Canals.

Purchase of securities, except

except as to con

in pursuance of contraets or agreements entered into Terminals, mo

or before the termination of Federal control) of terminals, equipnient

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, exeept in for liquidation.

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 Revolving fund,

(7) To the use for any of the purposes above stated fiquidatioade 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, 1919.

(c) Nothing in this Act shall be construed as affecting or war unaffected. © limiting the power of the President in time of war (under

seetion 1 of the Aet 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.

Powers of Pres. ident in time of

GOVERNMENT-OWNED BOATS ON INLAND WATERWAYS

Transfer of Gov. ernment-owned

of War.

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., 468. coastwise waterways (hereinafter in this section called

“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

Contracts made

control.

Appropriation.

cause to be operated such transportation facilities so that the lines of inland water transportation established land water transby or through the President during Federal control shall be 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 payments 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.

(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

Expenses after

frayed.

that purpose.

Construction of terminal facili

Loans for construction,

(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 bim under this seetion and other carriers whether by rail or water, and to make loans for such purposes under zuch 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 Commision under subheading (a), paragraph 13, section 6, Inerstate Commerce Act.

(d) Any transportation facilities owned by the United Facilities on States and included within any contract made by the above št. Louis United States for operation on the Mississippi River bove Saint Louis, the possession of which reverts to the

Com

Secr. 201 and 202

United States at or before the expiration of such contra shall be operated by the Secretary of War so as to pr vide facilities for water carriage on the Mississippi Riv

above Saint Louis. Application of (e) The operation of the transportation facilities r Interstate merce and ship- ferred to in this section shall be subject to the provisio ping Acts.

of the Interstate Commerce Act as amended by this A or by subsequent legislation, and to the provisions of tł “Shipping Act, 1916,” as now or hereafter amended, i the same manner and to the same extent as if sui 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 me: 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 o Administration the duties imposed by this section the Secretary of War by Secretary of

authorized to appoint or employ such number of es perts, clerks, and other employees as may be necessary for service in the District of Columbia or elsewhere, an as may be provided for by Congress.

tions, and liabili.

War.

SETTLEMENT OF MATTERS ARISING OUT OF FEDERAL CONTROL

President to settle matters

Sec. 202. The President shall, as soon as practicab) arising out of after the termination of Federal control, adjust, settle Federal control.

liquidate and wind up all matters, including compense 41 Stat. L., 459.

tion, and all questions and disputes of whatsoever nature

1 Joint Resolution, approved February 27, 1921, provides as follows:

" That at the end of thirty days after the passage of this resolution th 41 Stat. L., 1149. authority conferred upon the Secretary of War under section 201 of tb

N. Y. State Transportation Act, 1920, to operate for commercial purposes boats, barge Barge Canal exempted.

tugs, or other transportation facilities upon the New York State Barg Canal shall cease, and thereafter there shall be no such operation by to 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 upoi

the said canal, and, pending final disposition, the Secretary of War ma Money from

lease the same: Provided, That all the money obtained from the sale o Bale of boats to be spent on other lease of these boats, barges, and tugs sball be avallable until expended b waterways. the inland and coastwise waterways service of the War Department in th

inauguration and development of other inland, canal, and coastwise water ways in accordance with the expressed desire of Congress in section 500.0

the Transportation Act, 1920: Provided further, That not to exceed 25 pei Percentage of boats to be re

centum of the boats, barges, and tugs built or purchased for the Unite tained.

States, herein authorized to be sold, may be retained by the United State for the operation of other inland, canal, or coastwise routes of the Unite States until such equipment can be replaced by other equipment to bi purchased from funds received from the sale prescribed above."

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