Page:United States Statutes at Large Volume 40 Part 1.djvu/472

 454 SIXTY-FIFTH CONGRESS. Sess. II. Ch. 25. 1918. ,0uigf§§gg_°¤ °m°““‘ claimed to the remedies (provided in section three hereof. Any amount thereafter found ue such_carr1er above the amount plaid xtc;-,“0°;’Ur‘:;aPy’;{_},';s*“‘ shall bear interest at the rate of six per centum per annum. e ` acceptance of tafliy benefitsf qqdqr this section phglls ppqstitiétehaaa acce tance e carrier o the rovisrons 0 t c an s obligate the garrier to pay to the Unlited States, with interest_at the rate of six per centum pp? annum from a date or dates Hxed m proceedings nmder section thee, the amount by which the sums_ received under this section exceed the sum found due in such proceedings. °*¤*,f1¥{,S¤‘°'j,§,§°m,°{’t',}}; Sec. 3. That all claims for just compensation not adjusted (as mxseimrsrm. provided in section one) shall, on the application of the President or of any carrier, be submitted to boards, eac consisting of three referees to be a pointed by the Interstate Commerce Commission, members of which and the official force thereof being eligible for service on PWM °°¤*¤'¤°— such boards without additional compensation. Such boards of referees are hereby authorized to summon witnesses, require the pro·- duction of records, books, correspondence, documents, memoranda and other pzpers, view prqpertres, admm1ster_ oaths, and may hol _ hearmgs rn ashington an elsewhere, as their duties and the con- "’f§§l venience of the parties may require. In case of disobedience to a m¤¤y.¤¤¤- subpoena the board may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, corporation, partnership, or association, issue an order requiring appearance before the board, or the production of documentary evidence if so ordered, or the giving of evidence touching the matter in question; and any failure to obey such order of the court may be H°"'“‘“· pumshed by such court as a contempt thereof. Such cases may be eard separately or together or by classes, by such boards as the Interstate Commerce Commission in the first instance, or any board of referees to which any such cases shall be referred may determine. dmR§’°“ *° “‘° P’°“' Said boards shall give full hearings to such carriers and to the United States; shall consider all the facts and circumstances, and shall report as soon as practicable in each case to the President the just compensation, calculated on an annual basis and otherwise in such form as to be convenient and available for the maldng of such agreement as ,“’§‘°°"°°“° °““‘°"‘ is authorized in section one. 'I`he President is authorized to enter into an agreement with such carrier for just compensation upon a basis not in excess of that reported by such board, and may include Dmmimm b therem provisions similar to those authorized under section one. com ezciaimsuaging Failing such agreement, either the United States or such carrier may ’“°°“°“’· file a petition in the Court of Claims for the purpose of determining the amount of such just compensation, and in the proceedings in said court the report of said re erees shall be prima facie evidence of the amount of `ust compensation and of the facts therein stated. Proceedings in the Court of Claims under this section shall be given, _ precedence and expedited in every practicable way. ,,,f},Qf"{,§{‘,f,°n,f§f,,gf°g’gj Sec. 4. That the just compensation that may be determined as ¥¤¤$i¤¤5»¤*¢· hereinbefore provided by agreement or that may be adjudicated by the Court of Claims, shall be increased by an amount reckoned at a reasonable rate per centum to be Hxed by the President upon the cost of anfy additions and betterments, less retirements, and upon the cost o road extensions to the property of such carrier made by such carrier with the aplproval of or bv order of the President while DW dam www such property is under ederal control. m,,,S_ ‘ Sec. .5. That no carrier while under Federal control shall, without the prior approval of the President, declare or pay any dividend in excess of its regular rate of dividends during the three years ended