Page:United States Statutes at Large Volume 34 Part 1.djvu/620

 590 FIFTY-NINTH CONGRESS. Sess. I. Ch. 3591. 1906. u n the apportionment or division thereof, the Commission may afar hearing make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto, which order shall take effect as a part o the original order. ‘ ,¤£*y:g_*¤°¤'•¤ •¤** "The Commission may also, after hearing on a compglint, establish through routes and joint rates as the maximum to be c ged and prescribe the division of such rates as hereinbefore provided, and the terms and conditions under which such through routes shall be ograted, when that may be necessar to `ve effect to any provision of is Act, and the carriers complained! of hive refused or neglected to voluntarily establish such through routes and joint rates, provided no reasonable or satisfacto through route exists, and this provision shall apply when one of the connecting carriers is a water line. mcwmce ro: in- “If the owner of property transported nmder this Act directly or {K,,‘§f,‘Q,f§§§£“°“ °' indirectly renders any service connected with such transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be no more than is just and reasonab e, and the Commission may, after hearing on a complaint, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the service so rendered or for the use of the instrumentalit so furnished, and fix the same by appropriate order, which order shall have the same force and effect and be enforced in like manner as the orders " above provided for in this section. I, P¤*¤¤¤¤*·¤°*¤¤¤*- "The foregoing enumeration of powers shall not exclude any power which the Commission would otherwise have in the making of an order under the provisions of this Act. ” . {>,¤;f{=¤¤¢;¤g¤¤;; 859 Sec. 5. Phat section sixteen of said Act, as amended March second, mended. ’' eighteen hundred and eight —nine, be amended so as to read as follows: ,0****** M *¤¤¤°¥ “Sec. 16. That if, after hearing on a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the Commission shall make an order directing the carrier to y to the complainant the sum to which he is entitled on or before a dlliy named. cj; "If a carrier does not comply with an order for the payment of not pam. Y money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may ble in the circuit court of the United States for the district in which he resides or in which is located the principal operating olhce of the carrier, or throu h which the road of the carrier runs, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission gglsggégcgggglgg in the premises. Such suit shall proceed in all respects like other civil gr mm. suits for dama es, except that on the trial of such suit the findings and order of the Commission shall he prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs iwé] the circjiit colprt nor for costs JE: any subsequent stage of the Allowance tc neu- rocec °n s un ess they accrue u n is a al. If the titioner °°°"" °"°°°°°m` Shall finalgv revail he shall be alldwed a realdghable attoi·neE fee, to 1‘¤¤e·>f¤c¤c¤· be taxed and) collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court within one year from the f¤•g’"‘fg,cmms_ date of the order, and not after: Provided, That claims accrued prior to the passage of this Act may be presented within one year. mms; or wm. “In such suits all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiifs, and all of the carriers rties to such order awarding such damages may be joined as defendiihts, and such suit may be maintained by