Page:United States Statutes at Large Volume 48 Part 1.djvu/241

 73d CONGRESS. SESS. I. CH. 91. JUNE 16, 1933. 215 petition and any answer or answers thereto, finds reason to believe that the order may be unjust to the petitioner or inconsistent with the public interest, the Commission is hereby authorized to gr ant such review and, in its discretion, the Commission may suspend the Review by commis- order if it finds immediate enforcement thereof would result in o rder, sus pensi on of irreparable da mage to the p etitioner or work grave inj ury to the public interest, but if the Commission suspends an order, it sh all expedite the hearing and decision on that order as much as possible. Thereu pon th e Comm issio n shal l, aft er due noti ce and a pub lic hearing, review the order and take such action in accord with the purposes of this title as it finds to be just and consistent with the public interest, either confirming the order or setting it aside or reissuing it in modified form, and any order so confirmed or reissued shall thereafter remain in effect until vacated or modified by the Commission. C SEC. 10. (a) The carriers or subsidiaries subject to the Interstate Suspension of the ommerce A ct, as amended, affected by any order of the Coordinator a~'oi 38,laws, a etc. otc. or Commissio n made pursua nt to this ti tle shall, so long as such order is in effect, be, and they are hereby, relieved from the operation of the antitrust laws, as designated in section 1 of the Act entitled "An Act to supplement existing laws against unlawful restraints and mono poli es, and for othe r pu rpos es ", a ppro ved Octo ber 15, 1914 , and of all other restraints or prohibitions by law, State or Federal, other than such as are for the protection of the public health or Protection of public safety, in so far as may be necessary to enable them to do anything health or safety except authorized or required by such order made pursuant to this title Provided, however, That nothing herein shall be construed to repeal, rroriso . amend, suspe nd, or modify any of the r equirements of the Railway Dot aiifeced Labor act Labor Act or the d uties and o bligat ions i mpose d thereunder or Vol 44, p. 577. through contracts entered into in accordance with the provisions of said Act. (b) The Coordinator shall issue no order which shall have the N otifi cati on to stat e of intention to relieve effect of reli eving a ny car rier or subsid iary f rom the operat ion of the carrier from operation law of any State or of any order of any State commission until he of State law. has advised the State commission of said State, or the Governor of said State i f there be no such commiss ion, that such order is in cont empl atio n, a nd s hall aff ord the Stat e co mmis sion or Gove rnor so Hearings. notified reasonable opportunity to present views and information bearing upon such contemplated order, nor unless such order is necessary, in his opinion, to prevent or remove an obstruction to or a burden upon interstate commerce. SE C. 11. Nothing in this title shall be construed to relieve any obligations coonntnract a carrier from any contractual obligation which it may have assumed, in force. prior to the enactment of this Act, with regard to the location or maintenance of offices, shops, or roundhouses at any point. SEC. 12. The willful failure or refusal of any carrier or subsidiary Penal provisions. Violation of Coordi- or of any officer or employee of any carrier or subsidiary to comply nator's, etc., order. with the terms of any order of the Coordinator or of the Commission made pursuant to this title shall be a misdemeanor, and upon con- viction thereof the carrier, subsidiary, or person offending shall be subject to a fine of not less than $1,000 or more than $20,000 for Penalty . each offense, and each day during which such carrier, subsidiary. Each day a separate y, offense or person shall willfully fail or refuse to comply with the terms of such order shall constitute a separate offense. It shall be the Prosecution proceed- duty of any district attorney of the United States to wh om the ing s Coordinator or the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the