Page:United States Statutes at Large Volume 39 Part 1.djvu/759

 738 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 451. 1916. eral jmisdiction of a State, Territory, District, or possession of the United States havmglgurisdiction 0 the parties, a petition or suit setting forth busily t causes for which he claims damages and the { had order of the board m the premises. m“‘°§',"3,,,£.;,,.,,,,.,; In the district court the findings and order of the board shall be gf prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs, nor shall he be liable for costs at any subse nent stage of the proceedings unless they accrue upon his appeal. If a petitioner in a district court finally prevails, e shall be allowed a reasonable attorney’s fee, to be taxed and collected J., .. as artof thecostsof thesuit. maa°I°:$'}°¤t°[,¤§’$°i m X11 parties in whose favor the board has made an award of reparation bpa single order may be joined as plaintiffs, and all other parties to suc order may be joined as defen ts in a single suit m any _ 0, district in which airy one such plaintiff could maintain a suit against ,,,,_S°"”°° P’°°°sS’ any one such defen ant. Service of process against any such defendant not found in that district may be made in an district in which is located any office of, or point of call on a reguliir route. operated I“°"""‘°"‘ by, such de endant. Judgment may be entered in favor of any p aintiff against the defendant liable to that plaintiff. ¥·i=¤i'¤¤¤¤ °* uma- No petition or suit for the enforcement o an order for the pay- nplegirti of mpnleiy shtrill be maintained unless filed within one year rom t ate o t or er. ,,,X“"‘° "'“ ""°°"' Sec. 31. That the venue and procedure in the courts of the United States in suits brought to enforce, suspend, or set aside, in whole or in part, any order of the board sh, except as herein otherwise plrovided, be the same as in similar smts in regard to orders of the terstate Commerce Commission, but such suits may also be maint { tamed m an'ylg1strict co1u·t  gunsdiction of the pgsrties.  Pm Y °" Sec. 32._ t whoever violates any provision of t Act, except where a different penalty is provided, shall be guilty of a misdldmeanor, punishable bg fine of not to exceed $5,000. _ Sec. 33. That this ct shall not be construed to affect the power or ¤¤¤¤¤¤¤· jurisdiction of the Interstate Commerce Commission, nor to confer upon the board concurrent power or jprisdiction over any matter ¤§gm*‘“’“°°°° *P¤“· mthm the power or jurisdiction of suc commission; nor shall this Act be construed to apply to intrastate commerce. ,,,*{,,,'°‘,§"g,{*¤;,,°‘_1;'_{',}’{,'·,__ Sm. 34. That if any provision of this Act, or the application of mmwww. such proyision to certam circumstances, is held unconstitutional, the remainder of the Act, and the a plication of such provision to circumstances other than those as to wlliich it is held unconstitutional, shall not be afected thereby. ,x$§g;;¤}'*·***°¤ '°’ Sec. 35. That for the Hscal year ending June thirtieth, nineteen hundred and seventeen, the sum of $100 000 is hereby appropriated, out of any moneys in the Treasury of the Ilnited States not otherwise aplplropnate for  piupose of defraying the expenses of the estabhs nt and maintenance of the board, including the pay- mmm to be W ment of salaries herein authorized. rmrn vessel declining Sec. 36. The Secretary of the   is authorized to refuse a destined for a fo1'8l% or domestic port whenever he shall have satisfactory reason to heve that the master owner, or other officer of such vessel or other vehicle refuses or declines to accept or receive iipégg; (gi-f(cla1ég)oI1rning;•i%or¢Irl :&)il;(tl;li10I1 tendered for such port of desti- _ _ port of call, together with the proper freight or transportation charges therefor, by any citizen of the United States, unless the same is fully laden and has no space accommodations for the fre ht or cargo so tendered, due regard being for the proper loal§m_ g of suc vessel or vehicle, or imless such freight or cargo consists of merchandise for which such vessel or vehicle is not adaptable. Approved, September 7, 1916. A
 * °§*’° “°m my °” clearance to any yessel or other vehice laden with merchandise