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Secs. 202 and 208 arising out of or incident to Federal control. For these purposes and for the purpose of making the payments specified in subdivision (a) of section 201, all unexpended balances in the revolving fund created by the Federal Control Act or of the moneys appropriated 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," Certain sums

reappropriated. approved June 30, 1919, are hereby reappropriated and made available until expended; and all moneys derived from the operation of the carriers or otherwise arising out of Federal control, and all moneys that have been or may be received in payment of the indebtedness of any carrier to the United States arising out of Federal control, shall be and remain available until expended for the aforesaid purposes; and there is hereby appropriated for the aforesaid purposes, out of any money in the Treasury not otherwise appropriated, $200,000,000 in Additional op addition to the above, to be available until expended.

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propriation.

COMPENSATION OF CARRIERS WITH WHICH NO CONTRACT MADE

corporate charges.

Sec. 203. (a) Upon the request of any carrier entitled President shall to just compensation under the Federal Control Act, but sary for fixed and with which no contract fixing or waiving compensation

has been made and which has made no waiver of compen- (1 Stat. L, 469. isation, the President: (1) shall pay to it so much of the

amount he may determine to be just compensation as may be necessary to enable such carrier to have the sums required for interest, taxes, and other corporate charges and expenses referred to in paragraph (b) of section 7 of the standard contract between the United States and the carriers, accruing during the period for which such carrier is entitled to just compensation under the Federal Control Act, and also the sums required for dividends declared and paid during the same period, including, also, in addition, a sum equal to that proportion of such last dividend which the period between its payment and the Payment of the termination of the period for which the carrier is entitled mated just oomto just compensation under the Federal Control Act bears to the last dividend period; and (2) may, in his discretion,

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Seen. 203 and 204

Effect of

ac

fits

Ascertainment of claim for addi

tion.

pay to such carrier the whole or any part of the remainder of such estimated amount of just compensation.

(b) The acceptance of any benefits by a carrier under ceptance of bene

this section

(1) shall not deprive it of the right to claim additional tional compensa- compensation, which, unless agreed upon, shall be ascer

tained in the manner provided in section 3 of the Federal Control Act; but

(2) shall constitute an acceptance by the carrier of all Act binding

the provisions of the Federal Control Act as modified by this Act, and obligate the carrier to pay to the United

States, with interest at the rate of 6 per centum per anRepayment of num from a date or dates fixed in proceedings under sec

tion 3 of the Federal Control Act, the amount by which the sums received on account of such compensation, under this section or otherwise, exceed the sum found due in such proceedings.

Federal Control

excessive ments.

pay

REIMBURSEMENT OF DEFICITS DURING FEDERAL CONTROL

What carriers may have reimdeficits.

terurban electric
railways
cluded.

SEC. 204.1 (a) When used in this section

The term “ carrier means a carrier by railroad which. bursement for during any part of the period of Federal control, engaged 41 Stat. L., 460. as a common carrier in general transportation, and com

peted for traffic, or connected, with a railroad under Fed. eral control, and which sustained a deficit in its railway operating income for that portion (as a whole) of the

period of Federal control during which it operated its own Streeť and in railroad or system of transportation; but does not include

ex. any street or interurban electric railway which has as its

principal source of operating revenue urban, suburban, or interurban passenger traffic or sale of power, heat, and

light, or both; and Test period de- The term " test period ” means the three years ending

June 30, 1917.

(b) For the purposes of this section

Railway operating income or any deficit therein for income of deficit. the period of Federal control shall be computed in a man

ner similar to that provided in section 209 with respect to such income or deficit for the guaranty period; and

Railway operating income or any deficit therein for the test period shall be computed in the manner provided in section 1 of the Federal Control Act.

fined.

Computation of

* See section 212, post, page 137.

See. 204

period return.

credited to car

(c) As soon as practicable after March 1, 1920, the Commission to Yommission shall ascertain for every carrier, for every control and test non th of the period of Federal control during which its ailroad or system of transportation was not under Fedral operation, its deficit in railway operating income, if ny, and its railway operating income, if any, (hereinfter called “ Federal control return ”), and the average of its deficit in railway operating income, if any, and of ts railway operating income, if any, for the three correponding months of the test period taken together, (herenafter called the " test period return"): Provided, That test period return," in the case of a carrier which operted its railroad or system of transportation for at least ine year during, but not for the whole of, the test period, neans its railway operating income, or the deficit therein, or the corresponding month during the test period, or he average thereof for the corresponding months during he test period taken together, during which the carrier perated its railroad or system of transportation.

(d) For every month of the period of Federal control Sums to be during which the railroad or system of transportation of rier. he carrier was not under Federal operation, the Commission shall then ascertain (1) the difference between its Federal control return, if a deficit, and its test period eturn, if a smaller deficit, or (2) the difference between ts test period return, if an income, and its Federal control return, if a smaller income, or (3) the sum of its Federal control return, if a deficit, plus its test period return, if an income. The sum of such amounts shall be credited to the carrier.

(e) For every such month the Commission shall then Sums to be ascertain (1) the difference between the carrier's Federal United States. control return, if an income, and its test period return, if a smaller income, or (2) the difference between its test period return, if a deficit, and its Federal control return, if a smaller deficit, or (3) the sum of its Federal control return, if an income, plus its test period return, if a deficit. The sum of such amounts shall be credited to the United States.

(f): If the sum of the amounts so credited to the car- Payment of balrier under subdivision (d) exceeds the sum of the

credited

to

a

ance in favor of

carrier.

* See provisions as to paragraplıs (f) and (g) of this section, ante, page 84.

Becs. 204 and 200

amounts so credited to the United States under subdivi. sion (e), the difference shall be payable to the carrier. In the case of a carrier which operated its railroad or system of transportation for less than a year during, or for none of, the test period, the foregoing computation shall not be used, but there shall be payable to such carrier its deficit in railway operating income for that portion (as a whole) of the period of Federal control during which it operated its own railroad or system of transportation.

(g) The Commission shall promptly certify to the

Secretary of the Treasury the several amounts payable Payment of to carriers under paragraph (f). The Secretary of the

Treasury is hereby authorized and directed thereupon to draw warrants in favor of each such carrier upon the Treasury of the United States for the amount shown in

such certificate as payable thereto. An amount sufficient Appropriation, to pay such warrants is hereby appropriated out of any

money in the Treasury not otherwise appropriated.

Certification of deficits.

amounts certified.

INSPECTION OF CARRIERS' RECORDS

of

Inspection Sec. 205. The President shall have the right, at all ords of carriers reasonable times until the affairs of Federal control are by President.

concluded, to inspect the property and records of all 11 Stat. L., 461. carriers whose railroads or systems of transportation

were at any time under Federal control, whenever such inspection is necessary or appropriate (1) to protect the interests of the United States, or (2) to supervise matters being handled for the United States by agents of the carriers, or (3) to secure information concerning matters arising during Federal control, and such carriers shall provide all reasonable facilities therefor, including the issuance of free transportation to all agents of the President while traveling on official business for these purposes.

Such carriers shall, at their expense, upon the request Information, reports, and ta of the President, or those duly authorized by him, furnish duties required.

all necessary and proper information and reports compiled from the records made or kept during the period of

Federal control affecting their respective lines, and shall Carriers to con keep and continue such records and furnish like informaHnue records.

tion and reports compiled therefrom.

Any carrier which refuses or obstructs such inspection, Penalty.

or which willfully fails to provide reasonable facilities

Sees. 205 and 206

therefor, or to furnish such information or reports shall be liable to a penalty of $500 for each day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action to be brought by the United States.

CAUSES OF ACTION ARISING OUT OF FEDERAL CONTROL

41 Stat. L., 461.

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Venue of proceedings.

42 Stat. L., 393.

Sec. 206. [As amended February 24, 1922.] (a) Actions Suits, etc., to at law, suits in equity and proceedings in admiralty, against agent des

. based on causes of action arising out of the possession, dent. use, or operation by the President of the railroad or system of transportation of any carrier (under the provisions of the Federal Control Act, or of the Act of August 29, 1916) of such character as prior to Federal control could have been brought against such carrier, may, after the termination of Federal control, be brought against an agent designated by the President for such purpose, which agent shall be designated by the President within thirty days after the passage of this Act. Such actions, . Periods of limsuits, or proceedings may, within the periods of limita- bringing action. tion now prescribed by State or Federal statutes but not later than two years from the date of the passage of this Act, be brought in any court which but for Federal control would have had jurisdiction of the cause of action had it arisen against such carrier; except that actions to Exceptions.. enforce awards made by the Commission under the provisions of subdivision (c) against the agent so designated by the President may be brought within one year after the date of the Commission's award.

(b) Process may be served upon any agent or officer of the carrier operating such railroad or system of transportation, if such agent or officer is authorized by law to be served with process in proceedings brought against such carrier and if a contract has been made with such Statement as to carrier by or through the President for the conduct of contract. litigation arising out of operation during Federal control. If no such contract has been made process may be served ice gente fermiers upon such agents or officers as may be designated by or not under conthrough the President. The agent designated by the President under subdivision (a) shall cause to be filed, upon the termination of Federal control, in the office of the Clerk of each District Court of the United States, a statement naming all carriers with whom he has con

5238°—269

Service of

process.

carriers under

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