Page:United States Statutes at Large Volume 44 Part 1.djvu/1680

 \. ,. _ \ . 1 o 1621   —. 1 TITLE 49.—TRAN j coutmctgs, agroggmehts;-°aud arrangements betweeiit common 1 1 carriers tiled witlx tbo ¢·0mmis.$ion" as herein provided, and the 1 -sta1istic·s, tfables, and iigurespontainc-d in the annual or othér _1 r report}; of carrieré inadc to tI1€'C01Illl1iSSi0l1 as. required under 1 °1hc `pxzovisions of tlgis ohapter shali bei preserved as public 1 ’ records in the custody- of the secrétary of the- comrhissionh, and- 2 'snall_bc received us prima facie evidéucé of what théy purporf 1 to be foratbo purpose of investigations by the commi§ion and 1 jri all_judioial .pi·p<:c<=diugs¤; andwopies of and extractsfrom ‘1 zany of said‘sol1odulo$,_ classifications, tariifs, contracts; agree- 1 " umnnts, arrauéomonts, or 1‘0p0r1;s,` msgde public records as afore- 1 saig,Qcc·rtii1éd·by the secretary, under 1150 commissioxis seal, < shall be ;·cc<·ivod·.in evidence with iike effect as the originals; - (Feb. _4,_ 1887, c. 104, 5 16, 24 Stat. 384; Mar. 2, 1889._c.` 382. I §`5._ 25 _St:1t.lS59; June 29, 1906, C. 3591, _§ 5, B4 Stat.‘·590; 1 _'Qh1ngz·1$,‘ 1910,1:. 399, '§ .13, 36 Stat. 554; Mar: 3, 1911, c. @1,- 1 § 291, 36 -Stat:_ 1167; Oct. 22, 1913, c. ·32, 38 Stat.'219;'Feb. 28, 1 1920. 9. _91,` §§ 423-429, _41 Stat." 491, 492; and Juné 7f 192-1, s `c. 325, 43 Stat. 633,) " ‘ V ‘ _· A _· · _ 1 116;. Rehearings by_ jcommissiony stay; deoisioqS.·-After a da déqiégm, order. or requirement hasbéoin mode by the commi§· .s sion **111 any pro<·e·cdipg_ any peirty‘tli¢rcto may at'a_1iy`timo ¤1 _ make application ‘foI"'1‘9h9hlTil]g ot the samé; or any matter 1 determined therein; and it shall be lawful for the oomuiissiou s ii its discretion to gran_t· $11011.8. rehearing. it sniiiicieut reason ·_1 tlaorefor; be made to appear. Applications for rehearing shall ._be governed by such géhcral rules Qs thdcommissjon may es-‘ • tqhlish, Ncrsucix application Shall e·xcuse`la11y,czu·rier from 1 complying yvith or obeying. any. decision', order, orrequirémgnt of tin-: co:u;ui¤nsiz£uQ or operate in any mqnner to's(a·y or post-? 1 porno the euforconieut thereof, without the. special order_oj;the 1 commission. In case aqxjelnépring is granted nthe; proceedings s thereupon shdll conform as méarly as mai be Ito the proceed- .1 ]i1}g.<;_-in gu original hearing, exgccpt as the commission may_ l otherwise direct; and if, in its j1u1gi1i0pt,,;1ftcr such rehearing 'I and the consideration of all facts, including those arising `E since tho former hoarfrig, 1c‘s1m11 appear} that the original, 1 decision, order; or requirement is in any réggpect-unjust or un- I ·warrputed,‘the commissiory may reverse; change, or modify tho ( some accordingly. Any·‘decision,` order, or req(1iré1u¢¤nt'niade I afterisuch rehearing, rcvemfg, changing, or modifying the 1 original determination sha! subject ·_to the Shmc·_provisi6`ns I as an original order. (June 2%},1906, c. 3591, § ‘6, 34 Stat. 5§2.) 1 · 17; Proceedings of oomngission; diviqons and 'operation tmremedcr.·———·(1) Conduct of procccdinyameal; oaths; quorum; 1 rules} r¢¤coy;ds.—--The oommissiou may ,C011di1Qt its proceedings 4 . pa such- manner as will best conduce `to thq proper (u8[)3tC1\” of J __ buaiums and to the ends or justice. ·Th<g commission shall 4 above on omclal soil, jwhich shall be judicially noticed. _ Anyf »§ member ot the pommtmion may administer oatbswund awwwtions and sign sqbpcéuas. A majority of the commimion shall 1 _»¢ou$tit11to·a quorum, for the transaction of business, except- up 1 r mh} bej otherwise; herein 9 provided, {bu do commissioner. shall` 5 participate. in any hearing or  in which he ‘has 1 mxyin pocunidry intmgqst. _Tbe'.com¤gjssio¤ may. from fir e to 1 quid, make· or `aménd 'sucii gcpora1.rules_ or ordérs as `·m!Iy= be .1 neqdmto for the order and regulation of proceedings betoko ig, 1 or before any division ol tho pommissiom including forms o!· 4 notiées and the service theréot; which; shall conform, as nearly 1 as uiay be, to tkiwo in use —i¤ tho oourts ot. tbc·U¤ited States. _: Any imrty may appear boforéo tlyo cougmission or a,ny;division g ` therdof and be beard i1;»p<=·x\Q0¤ or by attorney. 'Evcry rotp 1 _ and ——o¤cia1 act of the com idsidn, lor of any division thereof; - 1 · ~ shull1be entered of rmord,`md 113 hrooeedihgs shall- be public upon xhoroquest of.h.ny_ phi·t$2 interested;. . ; ” · . 1 1(2)j Division: otmgamiaswgétqséignagsent Nherotog cmd  1 Th»f,"‘i’€‘!&N·.—--—Th€ commissioxr is q§horiz¤d by sp order. to divide. 1 on the m€·hibers_ttnore0f_‘ipt0 as mng_1_y.divlsions»~1(each to "*consisf“o§” 1

> SPQRQQEATION e  \ .1666 mot less than three mein rs) as it may deern necessary;_wl1l<·h ` may be changed from ti e_ to time. Such divisions shall bg ienominated, respectlyeggivision one, divlsion.two,· and sol forth. Any commissioner rnay`·be assigned to and- may serv€· upon such division or diyisions as the conignission may direct, andthe senior in service of the commissioners constituting any is of said divisions shall act as thairman thereof. In case of vacancy in any division, or ot absence or. inability to serve thereon of any commissioner thereto assigned, the chairman or the commission _0r’any· commissioner desrgnatéd by him for I that purpose, may temporarily serve on said dlvlsionfupntil the
 * 0mmlSsion_shall'0the1;xy‘ise order. l - , - `_

(3) Rcrerenee ojimistiera to, divisions;-—The commission may Z by order direct that any of its work, businem, or functions ' arising under this chapter or ·em1er‘ any statutory provisions _ amendatory thereof. or snpplementall thereto, -· or` nnder any · amendment which may be made to this chapter or to any of ` said statutory provisions, or antler any othernstatnte or joint , resolution which has been or may be approved; or"in* respect ol _ any matterewhich l1as}been,or inay begreferred to theicominission by Congress or by` either branch theréci, be assigned or- by order at anytime amend; modify, supplement, or rescind any F such direction. ·A·ll such orders: shall talseeffect forthwithiand remain in effect until otherwise ordered by the commission. “_ (4*) -~Pou·ers or divisions; effects of orders, decisions, or l· ·epor·ts; rehearings.-—In conformity with- and subject to the ' mrdér or orders oi the commission in the premises, each division so constituted shall have pewter and authority by a ”majority` thereof to heafand determine, order, certify, `report, or otherwise-act_ as to any of said work, business; or functions so assigned or_ referred to it for action by the cominissi'on,,and in. cespect thereof the di.vi_sion' shall have all the jurisdiction and wovgers new or then conferred by law upon the commission, and oesubject to the szune duties and obligations. Any order, de- élsion, or report made or other action taken by any ofsaid livisions `in respect of any matters so assigned or referred to Ltshall have the same torceggand effect, and they be made,_`eyliencede and enforced in the same manner as it made, or taken _ uy the commission, subject to rehearing by the commission, as provided in section 16a hereof for rehearing cases decided by cheiwiommission. The secretary and seal oi the commission » I shall be the secretary and seal of each division thereof. · ’ - · (5) Powers of commission not diveaIéd.·—--Nothing_ in this ` section contained, or done pursuant thereto, shall be deemed to liyest the commission ot any of its powers; (Feb. 4, 1887, c. l04. I 17, 24 Stat. 385; Mar. 2, 1889,-c. 382,} 6, 25 Stat. 861I " aug. 9, 1917; c. 50, I Q, 40 Stat. 270: and Feb. 28, 1920, c. -91, §§.430¥432, 41'StntL492,493.) _» f i {8. Employees; appointment and compensation} `witness Fees; · expenses.--(1) i‘.G0mmi88§0*N87`:8°` calories ;1 secretary _ and employees; compcmotian} witotega fec•.·-—Is;ach commissioner shall receive an annual saiary¤ot_$12,000, myable in the same manner. as the judges ot the courts ot the United States. The gzornrnission ‘ shall appoint a secretary, who shall- receive an snnnal salary° of $7.500, payable in like manner. The cognmission ahall have agnthorlty to employ such other employees as it may dnd necessary to the proper performance of its duties. Until otherwise` provided by law, the cornrnission.`1nay.Jhirc _
 * ·eferred to any of said divisions for action thereon, aud. may
 * uitnble,omcesii'or its une, and shall have authority to procure

all necessary office supplies. .Witnesses summoned before the _ zomrnimlon shall be midthefsame fees and mileage; that are-- pald witnessw in the coixrts of the United States. ‘ _ (2) Ewpemer of comml·as_lon.—=Al1 ot the. expenses- ot the zommimen, inclndlng all necessary expenses for transportation incurred by thecommiwioners, or by their exnployees under their ordersyin making-any investlgntl<>n,_or`upon officlal bnsimess in any other places than in the city ot Washington, shall