Sec. 206 Reparation be tracted for the conduct of litigation arising out of operation during Federal control, and a like statement designating the agents or officers upon whom process may served in actions, suits, and proceedings arising in respect to railroads or systems of transportation with the owner of which no such contract has been made; and such statements shall be supplemented from time to time, if additional contracts are made or other agents or officers appointed. 42 Stat. L., 893. (c) [As amended February 24, 1922.] Complaints complaints, filing praying for reparation on account of damage claimed Commis- to have been caused by reason of the collection or with sion. tation. enforcement by or through the President during the period of Federal control of rates, fares, charges, classifications, regulations, or practices (including those applicable to interstate, foreign, or intrastate traffic) which were unjust, unreasonable, unjustly discriminatory, or unduly or unreasonably prejudicial, or otherwise in Period of limi- violation of the Interstate Commerce Act, may be filed with the Commission within one year, or, if so claimed in respect of overcharges above the legal tariff charge, within two years and six months, after the termination Against whom of Federal control, against the agent designated by the President, under subdivision (a), naming in the petition the railroad or system of transportation against which such complaint would have been brought if such railroad or system had not been under the Federal control at the time the matter complained of took place. The CommisJurisdiction of sion is hereby given jurisdiction to hear and decide such complaints in the manner provided in the Interstate Service of no- Commerce Act, and all notices and orders in such protices and orders. ceedings shall be served upon the agent designated by the President under subdivision (a). brought. Commission; pro cedure. Proceedings abated by of Federal control. notted (d) Actions, suits, proceedings, and reparation claims, termination of the character above described pending at the termination of Federal control shall not abate by reason of such termination, but may be prosecuted to final judgment, substituting the agent designated by the President under subdivision (a). judgments, of revolving fund. Payment of (e) Final judgments, decrees, and awards in actions, awards, etc., out suits, proceedings, or reparation claims, of the character above described, rendered against the agent designated by the President under subdivision (a), shall be promptly paid out of the revolving fund created by section 210. Sec. 206 Limitations of excluded. (f) The period of Federal control shall not be com- actions, periods of puted as a part of the periods of limitation in actions Federal control against carriers or in claims for reparation to the Commission for causes of action arising prior to Federal control. tion or process on (g) No execution or process, other than on a judgment, Levy of execurecovered by the United States against a carrier, shall be carrier property. levied upon the property of any carrier where the cause of action on account of which the judgment was obtained grew out of the possession, use, control, or operation of any railroad or system of transportation by the President under Federal control. 1923.] Actions against (h) Actions, suits, proceedings, and reparation claims, [Added Mar. 3, of the character described in subdivision (a), (c), or (d), 42 Stat. L., 1443. properly commenced within the period of limitation Director General prescribed, and pending at the time this subdivision takes not to abate. effect, shall not abate by reason of the death, expiration of term of office, retirement, resignation, or removal from office of the Director General of Railroads or the agent designated under subdivision (a), but may (despite the provisions of the Act entitled "An Act to prevent the abatement of certain actions," approved February 8, 1899), be prosecuted to final judgment, decree, or award, substituting at any time before satisfaction of such final judgment, decree, or award the agent designated by the President then in office. Nor shall any action, suit, or other proceeding heretofore or hereafter brought by any public officer or official, in his official capacity, to enforce or compel the performance of an obligation due or accruing to the United States arising out of Federal control, abate by reason of the death, resignation, retirement, or removal from office of such officer or official, but such action, suit, or other proceeding may (despite the provisions of such Act of February 8, 1899), be prosecuted to final judgment, decree, or award, substituting at any time before satisfaction of any such final judgment, decree, or award the successor in office. Substitution of successor. Prior orders of substitution vali (i) Orders providing for a substitution in such cases made before this subdivision takes effect by courts having dated. jurisdiction of the parties and subject matter are hereby .validated, anything in such Act of February 8, 1899, to the contrary notwithstanding. Actions, suits, reparation Reinstated aoclaims, or other proceedings of the character described in subdivision (h) which have been abated or dismissed tions. Secs. 206 and 207 of accounts as and United States. 41 Stat. L., 462. debtedness as be and the United States. solely because of the provisions of such Act of February 8, 1899, shall be reinstated upon reasonable notice to the adverse party, and upon proper motion therefor filed within one year from the time this subdivision takes effect. REFUNDING OF CARRIERS' INDEBTEDNESS TO UNITED STATES Ascertainment SEC. 207. (a) As soon as practicable after the terminabetween carriers tion of Federal control the President shall ascertain (1) the amount of the indebtedness of each carrier to the United States, which may exist at the termination of Federal control, incurred for additions and betterments made during Federal control and properly chargeable to capital account; (2) the amount of indebtedness of such carrier to the United States otherwise incurred; and (3) the amount of the indebtedness of the United States to such Set-off of in- carrier arising out of Federal control. The amount under tween carriers clause (3) may be set off against either or both of the amounts under clauses (1) and (2), so far as deemed wise by the President, but only to the extent permitted under any contract now or hereafter made between such carrier and the United States in respect to the matters of Federal control, or, where no such contract exists, to the extent permitted under paragraph (b) of section 7 of the standard contract between the United States and the carriers relative to deductions from compensation: Provided, porate charges, That such right of set-off shall not be so exercised as to protected. prevent such carrier from having the sums required for interest, taxes, and other corporate charges and expenses referred to in paragraph (b) of section 7 of such standard contract, accruing during Federal control, and also the sums required for dividends declared and paid during Federal control, including, also in addition, a sum equal to that proportion of such last dividend which the period between its payment and the termination of Federal control bears to the last regular dividend period: And proProvision of vided further, That such right of set-off shall not be exerfor carrier. cised unless there shall have first been paid such sums in Fixed and cor and dividends working capital addition as may be necessary to provide the carrier with working capital in amount not less than one twenty-fourth of its operating expenses for the calendar year 1919. a Sec. 207 Funding of bal ance due from carrier to United States. (b) Any remaining indebtedness of the carrier to the United States in respect to such additions and betterments shall, at the request of the carrier, be funded for a period of ten years from the termination of Federal control, or shorter period at the option of the carrier, with interest at the rate of 6 per centum per annum, payable semiannually, subject to the right of such carrier to pay, on any interest-payment day, the whole or any part of such indebtedness. Any carrier obtaining the funding of such Security and indebtedness as aforesaid shall give, in the discretion of scribed. the President, such security, in such form and upon such terms, as he may prescribe. terms may be pre for equipment, tificates not re (c) If the President and the various carriers, or any of Indebtedness them, shall enter into an agreement for funding, through when funded, certhe medium of car trust certificates, or otherwise, the fundable. indebtedness of any such carrier to the United States incurred for equipment ordered for the benefit of such carrier, such indebtedness so funded shall not be refundable under the foregoing provisions. Short-term (d) Any other indebtedness of any such carrier to the United States which may exist after the settlement of accounts between the United States and the carrier and is then due shall be evidenced by notes payable in one year from the termination of Federal control, or a shorter notes to United period at the option of the carrier, with interest at the rate of 6 per centum per annum, and secured by such col- curity may be relateral security as the President may deem it advisable to quired. require. States for balance. Collateral se (e) With respect to any bonds, notes, or other securities, acquired under the provisions of this section or of the Federal Control Act or of the Act entitled "An Act to provide for the reimbursement of the United States for motive power, cars and other equipment ordered for railroads and systems of transportation under Federal control, and for other purposes," approved November 19, 1919, the President shall have the right to make such arrangements for extension of the time of payment or for Extension of the exchange of any of them for other securities, or partly time or exchange for cash and partly for securities, as may be provided for in any agreement entered into by him or as may in his judgment seem desirable. of securities. (f) Carriers may, by agreement with the President, Equipment issue notes or other evidences of indebtedness, secured by tigreements authorized. Secs, 207-209 equipment trust agreements, for equipment purchas during Federal control by or through the President und section 6 of the Federal Control Act, and allocated: Filing with such carriers respectively; and the filing of such equis stitutes notice. ment trust agreements with the Commission shall c Commission con necessary by authorities. stitute notice thereof to all the world. No approval (g) A carrier may issue evidences of indebtedness pr State or Federal suant to this section without the authorization or a proval of any authority, State or Federal, and with compliance with any requirement, State or Federal, as notification. Rates, etc., effective February ued in effect. EXISTING RATES TO CONTINUE IN EFFECT SEC. 208. (a) All rates, fares, and charges, and i 29, 1920, contin- classifications, regulations, and practices, in any w 41 Stat. L., 464. changing, affecting, or determining, any part or t aggregate of rates, fares, or charges, or the value of th service rendered, which on February 29, 1920, are effect on the lines of carriers subject to the Intersta Commerce Act, shall continue in force and effect un Changes by thereafter changed by State or Federal authority, resp tively, or pursuant to authority of law; but prior Reductions, un- September 1, 1920, no such rate, fare, or charge shall 1920, forbidden reduced, and no such classification, regulation, or practi by Commission. shall be changed in such manner as to reduce any su rate, fare, or charge, unless such reduction or change approved by the Commission. authority of law. til September 1, unless approved Division of joint rates to be fect. (b) All divisions of joint rates, fares, or charges, whi continued in ef- on February 29, 1920, are in effect between the lines carriers subject to the Interstate Commerce Act, sha continue in force and effect until thereafter changed mutual agreement between the interested carriers or State or Federal authorities, respectively. Compensation of certain land grant roads. Carriers to (c) Any land grant railroad organized under the A of July 28, 1866 (chapter 300), shall receive the sam compensation for transportation of property and troop of the United States as is paid to land grant railroad organized under the Land Grant Act of March 3, 186 and the Act of July 27, 1866 (chapter 278). GUARANTY TO CARRIERS AFTER TERMINATION OF FEDERAL CONTR SEC. 209 (a) When used in this sectionwhich guaranty The term "carrier" means (1) a carrier by railroad of 41 Stat. L., 464. partly by railroad and partly by water, whose railroa provisions apply. |