Page:United States Statutes at Large Volume 49 Part 1.djvu/601

 556 74TH CONGRESS. SESS. I. CH. 498 . AUGUST 9, 1935. such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe : Provided, however, That if a carrier other than a motor carrier is an applicant, or any person which is controlled by such a carrier other than a motor carrier or affiliated therewith within the meaning of section 5 (8) of part I, the Commission shall not enter such an order unless it finds that the transaction proposed will promote the public interest by enabling such carrier o ther than a mot or carrier to u se service by motor vehicle to public advantage in its operations and will not unduly restr ain competitio n. Jurisdiction over, "(2) Whenever a person which is not a moto r carrier is au thor- when order permitting merger, et c ., entered . ized, by an order entered under subparagraph (1) of this section, to acquire control of any such carrier or of two or more such carriers, such person thereafter shall, to the extent provided by the Commis- Ante, p. 646. sion, for the purposes of section 204 (a) (1, and section 220 (a) and (b), relating to accounts, records, and reports, and to the inspection of facilities and records, including the penalties applicable in the case of violations thereof, be subject to the provisions of this part. "(b) (1) It shall be unlawful for any person, except as provided in paragraph (a), to accomplish or effectuate, or to participate in accomplishing or effectuating, the control or management in a com- mon inte rest of any two or more motor carriers which are not also ca rriers by rai lroad, howev er suc h resu lt is a ttaine d, whe ther d irectly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or companies, a voting trust or trusts, or in any other manner whatsoever. It shall be unlawful to continue to maintain control or management accomplished or effectuated after the enactment of this part and in violation of this paragraph. As used in this paragraph, the words " control or man- agement " shall be construed to include the power to exercise control or management. Investigation by "(2) The Com missio n is he reby a uthori zed, up on com plaint or commission. upon its own initiative without complaint, but after notice and hear- ing, to investigate and determine whether any person is violating the provisions of paragraph (b ) (1) of this s ection . If t he C om - mission finds after such investigation that such person is violating the provisions of such paragraph, it shall by order require such person to take such action con sistent with th e provisions o f this part as may be necessary, in the opinion of the Commission, to pre- vent further violation of such provisions . "control' con- "(3) For the purposes of this section, wherever reference is made strue d . to control, it is immaterial whether such control is direct or indirect . United States dis- "( c) The district courts of the United States shall have jurisdic- trict courts ; jurisdic- tion of. tion upon the a pplication of t he Commission, alleging a vio lation of any of the provisions of this section or disobedience of any order issued by the Commission thereunder by any person, to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order. Supplemental orders. "( d) The Commission may from time to time, for good cause shown, make such orders, supplemental to any order made under paragraphs (a) or (b), as it may deem necessary or appropriate . "(e) Except where a carrier other than a motor carrier is an appli- cant or any person which is controlled by such a carrier or carriers by railroad or affiliated therewith within the meaning of section 5 (8) of part I, the provisions of this section requiring authority from the Commission for consolidation, merger, purchase, lease, operating contract, or acquisition of control shall not apply where the total number of motor vehicles involved is not more than twenty. Proviso. When carrier other than motor carrier is applicant. Vol.24,p.380;U.S. C ., p. 2217. Unlawful acts. Orderof. Limitation on au- thority of Commission ; inapplica bility of pro- visions when not more than twenty motor veh icles invol ved.