Page:United States Statutes at Large Volume 49 Part 1.djvu/716

 74TH CONGRESS. SESS. I. CH. 597. AUGUST 21, 1935 . 671 SEC. 2. The Secretary of War is authorized, either upon com- Secretary of war to plaint or upon his own initiative, to conduct an inquiry at any in vestig ate com plaint s. time for the purpose of de termi ning whether any toll charged for passage or transit over any bridge to which this Act applies is in vi olation of the p rovision s of sec tion 1, and if he finds, after full opportunity for hearing, that such toll is in violation of such provisions he is authorized and empowered to determine and b Authorit y to pr o- cribsreasonable toll. order to prescribe what will be the just and reasonable toll to be thereafter charged, and after such order takes effect it shall be unlaw- ful to collect a toll for such passage or transit in excess of that so prescribed. Any such order shall take effect upon the expiration of thirty d ays afte r its is suance. SEC. 3 . Any order issued under section 2 may be reviewed by the Court of Appeals of the District of Columbia, or the circuit court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order was issued. The judg- ment of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon cer- tiorari, in the manner provided in section 240 of the Judicial Code, as amended. The review by such courts shall be limited to questions of law, and the findings of fact by the Secretar y of Wa r, if su pported by substantial evidence, shall be conclusive. Upon such review, such courts shall have power to affirm or, if the order its 1 not in acc orda nce with law, to modify or to reverse the order, with or without remand- ing the case for a rehea ring as justice may requ ire. SEC. 4. In the execution of his functions under this Act the Sec- retary of War, or any officer or employee designated by him, is authorized to hold hearings, examine witnesses, and receive evidence at any place designated by him, and to administer oaths and affirma- tions, and require by subpena the attendance and testimony of wit- nesses and the production of books, papers, and documents from any place in the United States. In any case 1 disobedience to any such subpena the Secretary of War may invoke the aid of any court of the United States in requiring the attendance and testimony of wit- nesses and the production of books, papers, and documents. No per- son shall be excused from attending and testifying or from producing bo oks, p apers, and d ocumen ts in any in quiry under this A ct, or in obedience to any such subpena, or in any cause or proceeding, crim- ~n al or ot herwise, based u pon or a rising u nder thi s Act, on the g round or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture ; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after havi ng claim ed his p rivilege against self-in crimina tion, to testify or pro duce e videnc e, doc umenta ry or otherw ise, e xcept that a ny ind i- vidual so testifying shall not be exempt from prosecution and pun- ishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or documents, if in his power to do so, in obedience to a subpena or lawful requirement under this Act, shall, upon conviction thereof, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. I So in original. Effective date o f or- der. Appeals; review of orde r. Petitio n. Jud gme nt final; re- view by Supre me Court. Vol. 36, p. 1157; Vol. 43, p.938. U. S. C.,p. 1272. Jurisdiction of courts. Hearings . Atte nda nce of wi t- nesses, etc. Evidence. Witness refusing to te sti fy.