Page:United States Statutes at Large Volume 48 Part 1.djvu/1099

 73d C ONGRESS. SESS. II. CH. 652. JUNE 19, 1934. RECOVERY OF DAMAGES SEC. 207 . Any person claiming to be damaged by any common carrier subject to the provisions of this Act may either make com- plaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this Act, in any district court of the United States of competent jurisdiction ; but such person shall not have the right to pursue both such remedies. COMPLAINTS TO THE COMMISSION SEC. 2 08 . Any person, any body p olitic or mu nicipal organ izatio n, or State commission, complaining of anything done or omitted to be done by an y comm on car rier s ubject to thi s Act, in co ntrave ntion of the provisions thereof, may apply to said Commission by peti- tion which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the com- plaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus com- plained of. If such carrier or carriers shall not satisfy the com- plaint within the time specified or there shall appear to be any reasona ble gr ound f or inv estiga ting s aid com plaint, it s hall b e the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. ORDER S FOR PA YMENT OF MONEY SEC. 209 . If, after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. FRANKS AND PASSES SEC. 210. Nothing in this Act or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to, or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this Act, for the use of their officers, agents, employees, and their families. The term "employees", as used in this section, shall include furloughed, pensioned, and super- annuated employees. COPIES OF CONTRACTS TO BE FIT YT) SEC . 211 . (a) Every carrier subject to this Act shall file with the Commission copies of all contracts, agreements, or arrangements with other carriers, or with common carriers not subject to the pro- visions of this Act, in relation to any traffic affected by the provi- sions of this Act to which it may be a party . 86637'-31 -G8 1073 Recovery of damages. Co mplaint t o Com- mission . Jurisdiction of dis- tric t courts . Complaints to Com- mission. St atement o f com- plaint . Commission to for- ward to carrier . Answer to be filed within time specified . Carrier relieved if reparation made . I nvest igati on of com- plaint by Commission . Orders for payment of money . Commission to make, when finding for com- plainant. Franks and passes. Right of carriers to exchange . "Employees", con- s trued . Contracts, agree- ments, and arrange- ments between car- riers. Copies filed wit h Commission.