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All laws or parts of laws inconsistent with the foregoing provisions relating to the Commerce Court, are
laws repealed. 1epealed.
EXPEDITING ACT (AS AMENDED]
AN ACT Tb expedite the hearing and determination of suits in
(Feb. 11, 1903.) equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other acts having a like purpose that may be hereafter enacted. Be it enacted by the Senate and House of Representa- $2 Stat. L., 828.
86 Stat. L., 854. tives of the United States of America in Congress assembled, Sec. 1. [As amended June 25, 1910.] That in any suit in equity pending or hereafter brought in any circuit court of the United States under the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney General may file Attorney Gen.
eral may file cer with the clerk of such court a certificate that, in his tificate for expo opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said court, if there be Hearing before three or more;
and if there be not more than two circuit judges, then before them and such district judge as they may select; or, in case the full court shall not at any time be made up by reason of the necessary absence or disqualification of one or more of the said circuit judges, the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may designate a district judge or judges within the circuit who shall be competent to sit in said court at the hearing of said suit. In the event the judges sitting in such case shall
Chief Justice to
Secs,l and 2
be equally divided in opinion as to the decision or disposition of said cause, or in the event that a majority of said judges shall be unable to agree upon the judgment, order, or decree finally disposing of said case in said
court which should be entered in said cause, then they designate circuit shall immediately certify that fact to the Chief Justice equal division. of the United States, who shall at once designate and
appoint some circuit judge to sit with said judges and to assist in determining said cause. Such order of the Chief Justice shall be immediately transmitted to the clerk of the circuit court in which said cause is pending, and shall
be entered upon the minutes of said court. Thereupon Reargument. said cause shall at once be set down for reargument and
the parties thereto notified in writing by the clerk of said court of the action of the court and the date fixed for the reargument thereof. The provisions of this section shall apply to all causes and proceedings in all courts
now pending, or which may hereafter be brought. Appeal to Su.
SEC. 2. That in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will
lie only to the Supreme Court and must be taken within Exception.
sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.
FEDERAL POSSESSION AND CONTROL ACT
(Provision from the Army Appropriation Act, August
89 Stat. L., 645.
President may take over systems
The President, in time of war, is empowered, through of transportation, the Secretary of War, to take possession and assume
control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon,
for the transfer or transportation of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable.
FEDERAL CONTROL ACT AS AMENDED)
AN ACT To provide for the operation of transportation systems (Mar. 21, 1918.)
while under Federal control, for the just compensation of their
40 Stat. L., 451.
Be it enacted by the Senate and House of Representas tives of the United States of America in Congress assembled,
Sec. 1. That the President, having in time of war taken over the possession, use, control, and operation (called herein Federal control) of certain railroads and systems of transportation (called herein carriers), is hereby authorized to agree with and to guarantee to any President may such carrier making operating returns to the Interstate compensationu se Commerce Commission, that during the period of such fare controles Federal control it shall receive as just compensation an annual sum, payable from time to time in reasonable installments, for each year and pro rata for any fractional year of such Federal control, not exceeding a sum equivalent as nearly as may be to its average annual railway operating income for the three years ended June thirtieth, nineteen hundred and seventeen.
That any railway operating income accruing during Excess income the period of Federal control in excess of such just com- States. pensation shall remain the property of the United States. In the computation of such income, debits and credits arising from the accounts called in the monthly reports Computation of to the Interstate Commerce Commission equipment ing income. rents and joint facility rents shall be included, but debits and credits arising from the operation of such street electric passenger railways, including railways commonly called interurbans, as are at the time of the agreement not under Federal control, shall be excluded. If Adjustments any lines were acquired by, leased to, or consolidated changes in lines. with such railroad or system between July first, nineteen hundred and fourteen, and December thirty-first, nineteen hundred and seventeen, both inclusive, and separate operating returns to the Interstate Commerce Commis
belongs to United
War taxes to be
sion were not made for such lines after such acquisition, lease, or consolidation, there shall (before the average is computed) be added to the total railway operating income of such railroad or system for the three years ended June thirtieth, nineteen hundred and seventeen, the total railway operating income of the lines so acquired, leased, or consolidated, for the period beginning July first, nineteen hundred and fourteen, and ending on the date of such acquisition, lease, or consolidation, or on December
thirty-first, nineteen hundred and seventeen, whichever Certification of is the earlier. The average annual railway operating by Commission. income shall be ascertained by the Interstate Commerce
Commission and certified by it to the President. Its certificate shall, for the purpose of such agreement, be taken as conclusive of the amount of such average annual railway operating income.
Every such agreement shall provide that any Federal borne by carrier.
taxes under the Act of October third, nineteen hundred and seventeen, or Acts in addition thereto or in amendment thereof, commonly called war taxes, assessed for the period of Federal control beginning January first, nineteen hundred and eighteen, or any part of such period, shall be paid by the carrier out of its own funds,
or shall be charged against or deducted from the just Other taxes.
compensation; that other taxes assessed under Federal or any other governmental authority for the period of Federal control or any part thereof, either on the property used under such Federal control or on the right to operate as a carrier, or on the revenues or any part thereof derived from operation (not including, however, assessments for public improvements or taxes assessed on property under construction, and chargeable under the classification of the Interstate Commerce Commission to investment in road and equipment), shall be paid out of revenue derived from railway operations while under Federal control; that all taxes assessed under Federal or any other governmental authority for the period prior to January first, nineteen hundred and eighteen, whenever levied or payable, shall be paid by the carrier out of its own funds, or shall be charged against or deducted from the just
compensation. Provisions for
Every such agreement shall also contain adequate anu maintenance, repairs, renewals, appropriate provisions for the maintenance, repair, re and depreciation.
newals, and depreciation of the property, for the creatio
of any reserves or reserve funds found necessary in connection therewith, and for such accounting and adjustments of charges and payments, both during and at the end of Federal control as may be requisite in order that the property of each carrier may be returned to it in substantially as good repair and in substantially as complete equipment as it was in at the beginning of Federal control, and also that the United States may, by deductions from the just compensations or by other proper means and charges, be reimbursed for the cost of any additions, repairs, renewals, and betterments to such property not justly chargeable to the United States; in Band of so
counting. making such acccounting and adjustments, due consideration shall be given to the amounts expended or reserved by each carrier for maintenance, repairs, renewals, and depreciation during the three years ended June thirtieth, nineteen hundred and seventeen, to the condition of the property at the beginning and at the end of Federal control and to any other pertinent facts and circumstances.
The President is further authorized in such agreement President may to make all other reasonable provisions, not inconsistent visions. with the provisions of this Act or of the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes," approved August twenty-ninth, nineteen hundred and sixteen, that he may deem necessary or proper for such Federal control or for the determination of the mutual rights and obligations of the parties to the agreement arising from or out of such Federal control.
If the President shall find that the condition of any Compensation carrier was during all or a substantial portion of the other basis than period of three years ended June thirtieth, nineteen average income. hundred and seventeen, because of nonoperation, receivership, or where recent expenditures for additions or improvements or equipment were not fully reflected in the operating railway income of said three years or a substantial portion thereof, or because of any undeveloped or abnormal conditions, so exceptional as to make the basis of earnings hereinabove provided for plainly inequitable as a fair measure of just compensation, then the President may make with the carrier such agreement for such amount as just compensation as