Page:United States Statutes at Large Volume 44 Part 1.djvu/1549

 1535 TITLE 46.- to or from ports ofsuch foreign country or to or from ports of other foreign countries. It shall bc the duty of the board to report therésults of its; investigation to the President with its recommendations hud tho President is authorized band cmpowcrcd to secure by diplomatic. action- equal privileges for vessels of- the United States engaged in such foreign trade. And if by such diplomatic action the Presidentsball bc. unable to sccurc such- equal pririlcgcs than the President shall advise qjtmgress as to the facts and his conclusions by special mcssagc, if deemed important in the public interest, in order that p1·0pn1·_‘action` may bc taken thereon`. (Sept. 7, 1916, ·c. 451,1 § 26,.39 Stat. 737.) ~ ‘ ‘ _ · r .. 4 - 826. Attendanccof witnesses and production of books and { papcrs.—-—For the purpose of ·invostigating_nllcgcd .violntions‘ of this chapter, the board may by subpoena compel; the attendance of witnesses and the production of books, papers, d0cnmcut;s,` and other cvidencc from any place in the United States at any designated place of hearing. Subpmnns maybe signed by any] l commissioner, hndionths —or aiilrmations, maybe administered, ` witnesses examined, and evidence received by any commissioner or examiner, or, under the direction of the board, by any per- J son authorized nndcr the laws of the United Statcgor `ot any Il State, Territory, District, or ‘ possession thereof to administer 4 oaths.- Persons so acting undcrithe direction of the board and 1 ivltucsscs shall, unless oniployccs of the bonrd, bc entitled to the same tees and mileage as in th‘c..cou1jts oi the. United, States. Obcdicncc to any such hnbpumn shall, onapplication by i the hoard, bc cntorccd as arc orders ot tho board other than for the payment of money. (Sept. 7, 1916, c. 451, {27, 39 Stat. 737.),. ‘ ., _ · r 827. Immunity of ‘witncancs.·~·-No person shall -bo excused, on the ground that itmay tend to incriminntc him or subject him to 'a penalty or forfeiture, from attending and testifying, or producing books,. papers, documents, and othorfcvidenco, in A ohcdicncc to tho anbpwna jot the board or ot any court in any proceeding based nnon or growing out ot any alleged violation ot this chapter; 'but no natural person shall`. bc prosecuted or subjected to any pcnalty or forfeiture for or `ou account or any tranqaction; matter, or thing as to which, ln obcdlcncc to :a r subpcpna and under oath, ha may so testify or produce cvlq dence,. cxgccm that no person shall bc exempt from prosecution and pnnlahmnt for perjury corxmittcd in so testifying. _.(Sept. 828. hforcciat of orders or board.-—-fn casc ot violation j ot any order not the hoard, other than an order for the payment l of money, the board,,or any party injured by rnch violation, or n the Attorney General, gmay applyj to a district court hula; jurisdiction ot the, rtica ;_ and lt,. attcr hcaring, the court do-Q tcrmlnca that the o _. was regularly made and duly leaned, Y it shall wiorcc ;obcd thereto by a‘ writ ot injunction or} other propcr proccaa, andatory or otherwise. (Sept. 7, 1916, 1 0.451, {-29,39'~·8tatQr737.) · _ ‘ °‘ · “V ` 1 829. Violawn of ada: of board for payment of money.-- In case of violation `ot any ordcr ot the board for the payment { or money jtho person to. whoxninnch. aymrd.waa.m.gAe may mc ln the. diurict court tor. tho district in which such person rcqldca,  or in which la located any o¤cc or the carrier or other person y to whom fthe ordor was dlrmtcd, or in évhlch is locatcd any  point ot call on a rcgular route opcratod by tho carrier, or in { any court ot {ERG11] jurisdiction of a Qtata, Territory, District, j or possession or the United Statcs having jurisdiction of the  partlm, a pcdtion or anlt setting forth brlcdy the causes for - which hc claims damages rnd the ordcr of tha board in tho I prcmlsca., ’ ‘ I . In the district court tho dndlnza and ordor ot the honrd·nha1l` bc prirna tools evidence or the facts` thereln stated, and mol __ pctitioncr shall not hc llahlo for costs; nor shall hc be liable for costa at any·snhocqncnt stage of tho proccodingn xinlcsa they ` accrue 'upon This appeal. It ·a potitioncrln a district court
 * 7. 1916, c, 451, { 5, & Stat. 737.) . _ ‘ ‘ . Q

-.s#111r1>ING § 335. t finally [prevails; he shall be allowed n reasonable nttorncy’s fee, to be taxed and collected as port of the costs of the suit. ‘ - All parties in whose favor the board hoe rnnde en nwnrd of reparation by a single order may be joined as plaintiffs, and all other parties to such order maybe joined as defendants, in "
 * 1 single suit in any district in which any one such plaintiff

could maintain n suit against any one such defendant. Service ` of process against any such defendant not found in that district may be made in any district in which is located any office `of, or point of cull on n regular rbute operated by, such defendant. Judgment maylbe entered ln favor of any plaintiff against the defendant linble tolthnt plaintiff. `_ - ~ · ' _ No petition or suit for the enforcement of on order for the payment of money- shall be maintained unless Bled within one year from the date of the order. (Sept. 7, 1916, ti 451, § 30, 39 Stat. 737.) · “ ‘ ’ _ ‘ 830. Venue- and procedure in suits to enforce, suspend, or —set aside orders.-—-The venue and procedure in the courts of the United. States in suits brought. to enforce, suspend, or set aside, in whole or in port, any order of thelboerd shall, except as otherwise provided, be the sarne as in similar suite in regard to orders of the Interstate Commerce Commission, but such suits may also be maintained in any district court having jurisdiction of the parties. (Sept. 7, 1916, c. 451, Q 31,. 39 Stet. 738.) “ -. · . . » 831. Penalty for violation of chapter.-·~Whwver violates eny provision of this chapter,. except where a different penalty is provided, shall be tguilty of n misdemeanor, punishable by fine of not to exceed $5.000. (Sept., 7, 1916, `ic. 451, § 32, 39 Stet,738.) - ,‘ Q _; » ‘ ` · 832. Powers of Intergtate Cornmeru Cblmission not offected; intrastate commerce.--·-This chapter shall not be construed to ndect the power or jurisdiction of the Interstate _Cornmerce Commission, nor to confer upon the board c0ncurrent power or jurisdiction over any matter within the power or jurisdiction of such commission; nor shall this chapter be construed to apply, to lntrnstete commerce. (Sept. 7,1916, c. 451, {-33, 39 Stat, 738.) _. l ’. 883. Partial invalidity of chapter es not  re-· ·.m•i¤der.—-·If nnyprovlaion of this chapter, or the np ation of ‘ such provision to certain circumstance, is held unconstitutional, the remqinder of the chapter, and the application of p such provision to circumstances other than those as to which ‘lt is held _ _ unconstitutional, shell not be nHected_ thereby- _ (Sept 7, 1916, c. 451, { 34, 39 Stat. 78$.)` _ ~ - 834. Refusal, of cleoronee to vessel refusing to accept trade.-·-=·The Secretary of the Treasury is nntmrlsed to refuse fo clearance to any 'veesel or other vehicle lederf vvith merchandise destined for ai forelgn or domestic port whenever he shall here satisfactory reason to believe, thet _, the `moster, owner, ‘or other omeer of such vusel or other vehicle retusee or declines to accept or receive freight or cargo in good condition tendered for snch port of destination or for some intermediate port of mll, together `with the `proper freight or. trdnsportntion charges therefor, by Ah! citizen of the United Staten, unless He wme. is fully laden end has no space accommodations for the freight or cargo so tendered, due regard being had for the proper lading of such vwsel or vehicle, or unless such freight or cargo consists of merchandise for which. such veesel or vehicle is not adaptable. 1(Sept. 7, 191_6, c. 451, lsmwsstntves.) — ‘ p I ·, Q _ 835. Rwrictions on transfer of shipping facilities during wor or national, emergency.--When the United _Smtes is ot wer or during nnynntionnl emergency, the existence of which ls declared hi proclamation of the President, it shell be nnlnwful, without first obtaining the approval of the hoard: ‘ (n) To transfer to or place under any foreign registry or eta: nnjrvesscl owned in wholcorin part by any person a “ citizen of the United Stores or hy at corporation orgnnfzcd under -