Page:United States Statutes at Large Volume 44 Part 1.djvu/1678

 § 16 TITLE 49.-r12.4 tions of the United States or deposited in authorized deposi-Q taries of "the United States subject to the rules promulgatedp from time to timeiby the Secretary ot the Treasury re1atl¤g` to Government deposits. ‘ ’ - s _ (11) Loan to carrier from contingent lfund; application fe·r.——A carrier may at any time make application to the commissioxrfor a loan from we general railroad contingent fund, setting forth the amount of the loan and the term for which it is desired, the purpose of the loan and the uses to which it_ will be applied; the present and prospective ability of the applicant to repay the loan- and meet the requirements lot its obligations in. that regard, the character and yalne of- the security ·oH’ered, and the extent to which the- public o` conl venience and necessity will be served; The appllcationlshall be aecompanied by statements showing `s`i1ch facts and details as the. commission may require with respect to the physical situation, » ownership, capitalization, · dndebtedneas, contract' = obligatiousg operation, and earning power of the applicanp .t0i gether with spch. other facts relating to the propriety and expediency of granting-the loan applied for_. and the ability of the applicant to make good` the obligation, aa the `éommission niay deem pertinent to the lnqtiiry. W _ _ l (12) Terms and condition! of gmntina loan to carrier;.-— If the commission, after siibh hearing and investigation; with or without notice, as it may direct, Buds that the mahng, in whole or in part, of the proposed loan from the general rail? road contingent fund is necessary to enable the applicant eproperly to meet the- transportation needs ot the public, and that the prospective earning power of the applicant and "the character and; value of the security offered are `Qsuch” as to furnish reason’able_ assurance ot the applicants ability to repay the loan within the time Hxed therefor, and to- meet its other’ obligations we in connection with such loan, the commis-, esiou may make- a loan to the applicant from such railroad contingent fund, in such axpotuit, for auch length of time, and under, such terms, and conditions as it Tmay deem proper.; The; commission shall %al§0` prescribe the security to "be tur·" nlshed which shall be adequate toi·seeure'the loan. All 'such loans sha1l_ bear lnterest at the rate of M6· per centuxnt-per annum, payable semiammally to the commission. Such loans when repaid, and all interest paid thereon, ‘ shall be placed in the genetalrailroad contingent fund. · . 1 _ ·(13) Lease to carrier of equipbnmt purchased from cantingcnt {said} a;>pMcat£0i•_ for.-—-A carrier may at any time fmake _ application to the commission for the lease to it .»ei transportation equipment or facilities, purchased jrom the general railroad contingent. fund, setting forth the kind and amount of such equipment or facilities and the term for which it is desired to be lmaed, the ~ usa. to which ltggia propwed to put meh equipment dr tacllltiea, the prevent and prospec= tive ability ot the applicant to pay the rental chargm thereon and to meet the requirements of its ebligationa 'under the leaw, and the extent to which I the public convenience and necessity will- {be nerved. application shall be accompanied by statements chewing auch facts. and details as the commission may require with respect to the physical situation, ownership, capitalization, lndebtednwé, contract ebusitionsg operationh and ~—ear¤lm power of the applicant. tntéther with auch other facts relating to the prepriety  e%1ency pt leasing such equipment nr· tacilltiea to the applicant aatbe eommlealen may deem pertinent to the inquiry. ‘ " _ ` I- (14) Terms and condilinae of   ; rentals.-- It the commission, after snch hmrlng and investigation, with or 'without‘n0tl_Z.·e, as it may direct, Ends that the leaslngio the applléant of auch equipment for facllitw, in whale er in part, is necessary to enable the applicant properly to meet the trans-· portation needs. of the public; andtbatthe prenpectlve earniue power or the applicant lseuch as to turnlali rumnable aasnr-

LNSPORTATION 1664 ek r ance of the applicanfs ability to pay promptly- the rental charges and meet its other obligations under such lease, the commission may lease such, equipment or facilities purchased by it from the general railroad contingent fund, to the appli, cant for such length of time; and under such terms; and conditions as it ma} deem proper. The rental charges provided sin every rsuch lease shall be at least sufhcieut to pay e. return of 6 percentum per annum, plus allowance for depreciation de~ termfned as provided·~ in paragraph »(5)- of section 20 lot this chapter; upon the value 0£,__the equipment or facilities lw thereunder. All rentgzl charges and other payments recei;3 by the commission in connection with such equipment and facilities, inclgding amounts received `under may sale thereof, shell be placed in the general railroad contingent fund. _ (15) -Pw·cha.se, maintenance, disposition, ’etc._, of ecjuépment bv  commission may from time to time pur- _ chase, p contract for the construction, repair- and repl_z1cement~ of,_ "and sell! equipment end; facilities, and enter into hud carry out contracts and other obligations in connection there- _ with, to the extent that `moneye included hr the general rallfroad contingent fund- are available therefor, and in so for as pnecesstiry to enable it to secure and supply `equipment end facilities to carriers whxe epplicntions therefor are amroved 'under the provisioné»of—‘this section, and to lmnintnln and die pose of such equipment and facilities. ‘ - 4 ’ ., (16) Ruler ahd regulattom.-—-The commission may from time to timefmrescribe such `rules and regulations as it deems necessary to ’cnrry__out the provisions of this tgectionjrespecttng the making of loans and the lease ot equipment and facilities.- section shall not be construed as depriving shippers of their eright to reparation in case of overcharg@ unlawfully excwsive or discriminatory ratw, or rates exoemive in their relation toother rates,. but no shlppawhall he entitled to recover upon the sole ground that any particular rate may redect n propor- _ tion of excess incojne to he paid by the —cdrrler to the commission in the public interest under the provisions ot this section (18) tltctentton or all common from new wsse conahwctocl.-——Any_ carrier, or any corporation orggnized to comstruct nnd operate a` railroad, proposing to undertake the construction nnd operation ot a new line otfrailrond maj apply ,r to the commission for permission to retain for a  not to exceed ten years all or any part of its   duived {rom l such new construction in- heroes ot the unonntteretofore. in this section providedytor such di@ition as·lt may lawfully _ nuke of the Qsame, and the commission may, `ln ltn;`d1sm·etien, greet och permlmion, ”conaditioned,‘_howeéer, hpm the completion ot the work of construction .prithfn e period to he dw:-' ` noted by the commission in jts omer granting mh pernniasion. ·(Feb._%, 1920,1:. 91, S 422, 41 8tat.—é88.)Q r l g` ~ ` 16. Orders of eoémkion uid cnforcemmt. t f;‘ forfeitures.-·—(1) Orders by  for payment of danicpesw- Ii',— after hearing on a complaint made 58 provided in section 13 ot this chapter; the co 1on· shell determine. that p _nny party complainant is entitled to anrward ohdemases under the "provmone of this chapter for a vlolntion thereof,, the commission shall make an? order directing the carrier to pay to the complainant the sum to whlch he le entitled. on or hetore sdeynemed. ·_ ,· _‘ __ - \ _ (2) Prooeedtnaa in courts to enlorw orders; costa; cttnnteyw fee.¥——-Ji ahcnxjrler does not comgi fith an order for the pay- ment of money within the `tinme limit in such order, the com- d plalxiant, or any person for whose heheh: snob order V was made; may nie in the district court of the United `States for the district in which he 'ruldw or in which is   the e · prinelml operating omce ot the carrier, or through irhlch the A road "of the carrier runs, et ln. any State court of general ’_ jurisdiction having jurisdiction of the parties, at petition
 * 717) E1Tec¢_ on debts of chipper;.-The provbions ot this