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dred and twenty, and of the independence of the United States the one hundred and forty-fourth.

Thereafter on March 18, 1920, the Commission issued rules as follows:

The Commission having under consideration Section 206 of the Transportation Act, 1920, and the Proclamation of the President, dated March 11, 1920, wherein he designated Walker D. Hines, Director-General of Railroads, as the agent referred to in said Section 206; and said Walker D. Hines having consented to and requested the substitution of himself as such agent for himself as Director-General of Railroads in all reparation claims of the character described in subdivision (c) of said Section 206, pending at the termination of federal control as provided in subdivision (d) of said section, or upon which complaints praying for reparation may have been or may be filed with the Commission within one year after the termination of federal control as provided in subdivision (c) of said section.

"It is ordered, That in all proceedings before the Commission upon complaint praying for reparation for any cause set forth in subdivision (c) of said Section 206, which were pending at the termination of federal control, or which have been or may be filed with the Commission within one year after the termination of federal control, as provided in Section 206, whether said complaints be formal or informal, or filed as applications upon the special docket, wherein said Walker D. Hines, Director-General of Railroads, as agent, be and he hereby is substituted as a defendant in place of himself as Director-General of Railroads, for all intents and purposes of said Section 206.

"It is further ordered, That this order be and it hereby is made a part of each such proceeding, and that a copy of this order be filed in the docket for each such proceeding.'

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The second order, concerning procedure to be followed as to causes of action arising out of federal control, is as follows:

(1) Except as hereinafter provided, proceedings upon causes of action arising out of federal control will be governed by the Commission's Rules of Practice, in so far as applicable.

(2) Attention is directed to subdivisions (a), (c), (d), (e), and (f) of Section 206 of the Transportation Act, 1920:

(a) Actions at law, suits in equity and proceedings in admiralty, based on causes of action arising out of the possession, use, or operation by the President of the railroad or system of transportation of any carrier (under the provisions of the federal control Act, or of the Act of August 29, 1916), of such character as prior to federal control could have been brought against such carrier, may after the termination of federal control, be brought against an agent designated by the President for such purpose, which agent shall be designated by the President within thirty days after the passage of this Act. Such actions, suits, or proceedings may, within the periods of limitation now prescribed by the state or federal statutes but not later than two years from the date of the passage of this Act, be brought in any court which but for federal control would have had jurisdiction of the cause of action had it arisen against such carriers.

(c) Complaints praying for reparation on account of damage claimed to have been caused by reason of the collection or enforcement by or through the President during the period of federal control of rates, fares, charges, classifications, regulations, or practices (including those applicable to interstate, foreign, or intrastate traffic) which were unjust, unreasonable, unjustly discriminatory, or unduly or unreasonably prej udicial, or otherwise in violation of the Interstate Commerce Act, may be filed with the Commission, within one year after the termination of federal control, against the agent designated by the President under subdivision (a), naming in the petition the railroad or system of transportation against which such complaint would have been brought if such railroad or system had not been under federal control at the time the matter complained of took place. The Commission is hereby given jurisdiction to hear and decide such complaints in the manner provided in the Interstate Commerce Act, and all notices and orders in such proceedings shall be served upon the agent designated by the President under subdivision (a).

(d) Actions, suits, proceedings, and reparation claims, of the character above described pending at the termination of federal control shall not abate by reason of such termination,

but may be prosecuted to final judgment, substituting the agent designated by the President under subdivision (a).

(e) Final judgments, decrees, and awards in actions, suits, proceedings, or reparation claims, of the character above described, rendered against the agent designated by the President under subdivision (a), shall be promptly paid out of the revolving fund created by Section 210.

(f) The period of federal control shall not be computed as a part of the periods of limitation in actions against carriers or in claims for reparation to the Commission for causes of action arising prior to federal control.

(3) On March 11, 1920, the President, under the provisions of Section 206 of the Transportation Act, 1920, designated Walker D. Hines, Director-General of Railroads, and his successor in office, as the agent provided for in that section. The Commission, by General Order dated March 18, 1920, substituted Walker D. Hines, Director-General of Railroads, as Agent, for Walker D. Hines, Director-General of Railroads, in all proceedings before the Commission upon complaints praying for reparation for any cause set forth in subdivision (c) of said Section 206, which were pending at the termination of federal control, or which have been or may be filed with the Commission within one year after the termination of federal control, as provided in said Section 206, wherein said Walker D. Hines, Director-General of Railroads, was or is named as a defendant.

(4) If in any complaint so pending the complainant alleges that the rates, fares, charges, classifications, regulations, or practices complained of are (or) (and) will be in violation of any provision of the Interstate Commerce Act and seeks relief therefrom for the future, and the carriers over whose lines the rates, fares, charges, classifications, regulations or practices complained of apply are not already defendants, the complainant should promptly file with the Commission a supplemental complaint containing appropriate allegations and naming said carriers as additional defendants, together with copies of the supplemental complaint in sufficient number for service upon all parties to the proceedings, including the new defendants named, and also three additional copies for the use of the Commission. Service thereof will be made by the Commission.

If

within twenty days after such service the new defendants do not notify the Commission of their desire for resetting of a hearing already set, or for further hearing if hearing has already been had, it will be understood that no resetting or further hearing is desired.

(5) Where the complaint seeks only reparation for a cause of action arising prior to federal control the participating carrier or carriers must be made parties defendant, but neither the Director-General nor the agent designated by the President is a necessary party.

(6) Where the complaint seeks only reparation for any cause set forth in subdivision (c) the agent designated by the President is the only necessary party defendant, but the carriers whose railroads or systems of transportation were under federal control and over which the rates, etc., applied, should be specified in an appropriate place in the body of the complaint. (See Form 6, Rules of Practice.)

(7) Where the complaint seeks only the establishment of rates for the future the individual carriers must be named as defendants. Neither the Director-General nor the agent designated by the President should be so named.

(8) Where the complaint seeks reparation for any cause set forth in subdivision (c) and also the establishment of rates for the future, both the agent designated by the President and the carriers should be named as defendants.

GEORGE B. McGINTY,

Secretary.

Railway Labor Act.

(44 Stat. 577; 45 U. S. C. A., Sec. 151 et seq.)

An Act to provide for the prompt disposition of disputes between carriers and their employees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

Section 1. When used in this Act and for the purposes of this Act:

First. The term "carrier" includes any express company, sleeping-car company, and any carrier by railroad, subject to the Interstate Commerce Act, including all floating equipment such as boats, barges, tugs, bridges and ferries; and other transportation facilities used by or operated in connection with any such carrier by railroad, and any receiver or any other individual or body, judicial or otherwise, when in the possession of the business of employers or carriers covered by this Act: Provided, however, That the term "carrier” shall not include any street, interurban, or suburban electric railway unless such a railway is operating as a part of a general steam railroad system of transportation, but shall not exclude any part of the general steam railroad system of transportation now or hereafter operated by any other motive power;

Second. The term "Adjustment Board" means one of the boards of adjustment provided for in this Act;

Third. The term "Board of Mediation" means the Board of Mediation created by this Act;

Fourth. The term "commerce" means commerce among the several states or between any state, territory, or the District of Columbia and any foreign nation, or between any territory or the District of Columbia and any state, or between any territory and any other territory, or between any territory and the District of Columbia, or within any territory or the District of Columbia, or between points in the same state but through any other state or any territory or the District of Columbia or any foreign nation.

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