Page:United States Statutes at Large Volume 44 Part 1.djvu/1691

 1677 ‘ ‘ - c ,1*11*LE 4s.-1i1=z.·1 Titlc'10, Aint; cr under the Fcdelfal Gqutrol Act; amld the term "C0mmissl011 "` means; thé interstate. Qcmmcrcc C0l!1¥D.lSSi0Il. (yeb;_2S, 1920, c. 91, 5 2, 41 Stht. 457.) _, _ v A · v _- 72_ Funds available.-—Thc President shall, as soon as prac; tiehblc aftcr the7tci•minati0¤ of · Federal coutrcl, gdjugt, settle, liquidate, wd wlnd°°up_aHr.mattcrs, ihcluding compensation, and all questions ~ and disputes ‘0f Yvhatsocvér nature, arislng · out of vm- incident to_Feqcral control. Forthesc qurpcscs and fog the wrpcsc of ’ makixig the payments spcciiicd in- subdivislqp (a) uf amctlcu 141, all imcxpcndcd balahcm in the revolving fund cmitcd by the Federal Control Act, `cr of uic moneys hppmpriatcd by the Act entitled “A¤ Act to- supplyla .d<-zhclcncy in · the gppmpriaticu for carrying out the Act entitled ‘Au ;`Act to prméidc for the operation 0£_tra11sp0rtation_systé1;1s{ whllc under lécdcral control, @10: the ’ just compensation of their owners, mul fur other p sycs,’ approved. March 21, l918,"_ qpprovcd June 30, 1919, (crc rcapproptiatcd and ·mhdc availablc until. t·xpe·ndcd; and all moneys, derived from the operation dt ·.thé` i‘H1`l'i{’I‘S cr otherwise arising but of Federal control, and all mpxzcyc that have been or may be received ih payment ct the ludcbtcducss of a_n& carrier toithe United States 'qrltsiug ouf of {Fcdcral*’é0»z1t1·0l, shall be and remain available until-_cx4· pcudcd for the nafqresaid purposes; and_ there is ai>preprl&tcd_ mr the acforesgiq purposes, mit of any money in the =T1·ZauSury rmt otherwise appropriated, .$200g000,000 ·lu addition tp the almvc, to be available un-til cxpcndcdi (Feb. .28,1920, 0; 91, §202Q 41`i_Stat.l459Q) = . . j · ..  `·_ / A ¤· 73. Reimbursement of -dc6ci.t9 during Federal cont·r6l2-¤— ul ; · “CtZ7“?`{C1°;’ mid " test period "·?dc;2u.cd.—·-—Wh—cn pscd in this ¢¤~¢·t_icn_the term “—Ctll°1'i6f?’ means a carrier by railroad which; eluringg any pmrt_.of the period ot "Fedeml coutrolycxigagcd as a yilmmon ccrricr in ggancraltxiausportation, audjcompetcd for tmiiic, or cozmcctcd, with a railroad under Federal control, arid which sustained. u dchcit in its railway opératlng income` for that portion {as a— wh5l`é)`c£"the`;1crlqd ccf Federal control during which it cpcmtedits owé railroad or. system of transportation ; but docs not include, any cstrcct or intcrui·bg_n Electric milwuy which haslas its principal source of operating revenue i1:i·lmn,·subi1rban, ‘0r_ intemrbau passenger ttumc 01.·_` sale *0t power, hmt, and light, or both`; and the tcxim ·" tést period ”· mcazals the three years ending J unc 30,1917. · · ·/ · ` (la) Computatiem of railway opcrating incémc or. dejlcit for x;»0ci1‘ied périods.-—-·F'0r the  of this gectiou railway Opcrhting mcomc br ani dchcit therein fur t_l;c:pc1*lod of Federal control shall bc computed ixifan manner similar to that provided in ccctich 77 with respect to Such income. or dcilcit fm; the gusmmty period.; and railway operating laconic or °é.xxy_ tlchéit xhcrcin for the tcst period zslmllfbe computed in thdmuuncr provided in gscctiou _1‘ of théFc8cra1,C0ntr01 Act. _ _. ‘ M , (cp Asccrtainimcut of amounts! of 1*ail~way—0j2érat£ng income meld d,<·}7cm the1·éin_,· lest period i·ctu;j1;.:———·As soon ag practicable lhc¤ commhdou shall ascertain {cr cvcry`cm•riel·, for lcvcry mlmtll of the period ct Federal control during which its mall-·c mad or sylftcm qt truhsportaticn was unt nmdcr Federal épcrw tll»n,_its tlcmit ixrrailway ;>pcx·atl11g·iuc0ma, if any, audtlts 1‘a¤iivgz1y cpc;·utl¤g~ income, if may (h{3l’€iI1&f]ZéIj_ called "F€d: cm! compel return").; and the avctagc of its dcdclt; in` milway cpcrliting income, it hay, audi of its »rhllway_0pe1¥atli1g iuccpzc; if wry, fmt the threw c0rresp»0udl¤g mouths bt the test pvriod taken tcgcthex· (hereinafter called -"‘tcst' ,pcri0d rctupu ") ;‘Pr0vfd6d, Thnflt "tcst pcricd x·ctum_," in the c¤sc,0f·a_ <:ufrit·x· which cpcmtcd its railroad or sistem of tkaxispcrtation for at least cnc ycmr dm·lug,_ but not for thé whale cf, the tact period, means its rail·.";1y cpc:.·z1ti¤g`incom¢. orfthe dchclt there? iu, fdr the corresponding zmolgtlll during the test period, 0: the avcmgc tlxcrcof for tl1c‘·correspcndlh$ mouths .dm·i;¤g the tent D¤ri0d_t1lkc11 tcgcthei, during- which the =cpm·lcr .cpcrgtad its ralltoaq or systcm of tmusportation. " *. s

LNSPO/RTATION § 74. (dl) SQHNJ to be credited to `cmfrier.——For everylmonth of thee period of Federal control during which the railroad or system of transportation of the carrier wtas not under Federal opera- .tion, the; commdssion shall then ascertain 4 (1) the diierente between its Federal control return, ii a deiicitf and tits test ` period return, if a smaller dehcit, or `(Q) the difference~he— tween -its test period return, if an income, and its Federal scontrol return, if a smallefincome, or ‘(3`),' the sum of its Federal control return, if a delicit, plus Qits test period retum,’ ifan income. l The sum of such amounts shall be credited tow the_cai‘rier, _' _ · '. ‘ _ _ . · l Y (e)‘ Sumé to bccrcdttcd to United Stotc.s.————For‘ every such month the commission shall then ascertain; (1) the diierence between the carriers Federal control rctnru, ifan income, and its test period return, if a smaller inconxe, or (2) die diderence between its test period return,. if ‘a detlcit, and its `ederak control return, if a smaller deficit, or (3) the stun of its }:`edernl~ control. return, if an ·iucome,."plus its test period retm·n,* if a deficit'. Thesuxn "ot such amounts shall, be-_ crediteds, to The ‘United States.` A} 2 · l _      ‘ ’ .4 · _ GT) Payments of diffewace to .cari~icr.——If the ssum_ of the `amountsso credited to the. carrlernuder_subdivfsion td) of this section exceeds the sum of the amounts so credited to`the jUnited lStates under subdiyision (e) of this section, the diffcril ence shall he payable to the carrier. ln the case of ·a 'oarrier· ` rvhich operated its railroad or system of, transportation for less ‘ than a-Jyear during, or for none of, the test period, the fore'! _go1ug~e0mputat1o¤¤s shall not be used, but there shall `bepsiyntxlc to such carrier its deficit in_rallwa,y operating income for that iportion (as s`w1m1e) of the period of Federal control during ~ which it operated itsown railroad orsystcm "of·transportatio11. (g) Certification of amounts. payable to ‘corricrs; ‘_ecor·ronts and payment thereof.——·—'1‘he commission shall promptly certify to the Secretary ot the Treasury the seyeral amounts payable to carriers under paragraph (f). The Secretary, of the Treas- ’ pry is authorized, and directed thereupon to draw warrants in ·fav0i• ·of_·each· such carrier upon the Treasury of the United `States, {or the amount shown in such certificate as, payable _thereto.· _An amount sumcient_to bay such warrants is approj jpriated. (Feb. 28, 1920, cf- 91, {204, 41 Stat. -569.) ” - 74. Causes .of_ action Yarising ·ont of Federal control.-~»(a> Against whom` broayhtplimitation:.-s-Actions at ·law,‘ suits ~in equity and proceedings in admiralty, based on causes oraétion arising ontof the po 1on, use or operation by the president of the railroad- or systeml ot transportation ,o£ any carrier = (,ui1der‘ the provisions of the Federal Control Act, or ot section 1361‘0i'»chaptor Q1, Title 10, Ansar) of such character as prior to Federal control could have been brought against such carrier, may, a£fer the termination ot Federal controlpbe brought against an agent designated by the President for such. ptxrpose. » Such acnons, suits, or proceedings may, evithtn. the periods otllrnitation now prescribed by State or Federal- statutes but not later than February 28, °19%,. he brought, in any court which but, for Federal controhwould have had jnrisdictioen sr the cause ot action hadlt arisen against such carrier; except that Lactions to enforce awards rnade by the co lon· under the provisions of subdivision (¢) iof this section against the agent so dmignated by the President niay be brought within one year after the date ot the comrnissiotfs as-sro; \. `(b) 8ert>t'oe_ of prooesa,~·—-Proeess may he served upon any agent or omcer of the carrier operating such railroad or isystmn of transportation, lt suclr agent or omccr is authorized hy lan to he served with process in proceedlngsfbrought- against such, carrler and ltacontractlhas been made with such cax·x·icrh by or through the President for the conduct of litigation arising out or operation during Federal control. If no such contract has been made process may (bo served upon such agents or
 * prlated out of any money. in the Treasury not otherwise appro?