of the provisions of this Act or the order or direction of the Secretary made in pursuan e thereof, may be enforced by injunction, mandamus, or other summary proces upon application to the district court of the district in which such struc ture tony, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary; and in case of any litigation arising under this Act, or under any order of the Secretary made in pursuance thereof, the cause or question arising may be tried before the district court of the United States in any district which any portion of said bridge touches. HEVIEW OF FINDINGS AND ORDERS SEC. 610 Any finding or order made or isued under this Act may be reviewed by 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 free months after the date such order is issued. The judgment of any such cout shall be final except that it shall be subject to review by the Supreme Court of the United States upon ceriorari, in the manner provided in section 347 of title 2% of the United States Code. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Pending the final determination of any such court review no liability for penalties under section 669 of this Act shall be incurred and the powers thereby conferred upon the Secretary to remove or cause the removal of bridges shali be stayed. CONGRESSIONAL APPROVAL UNNECESSARY SEC. 611. No approval or authorization by Act of Congress under the Act of March 3, 1889 (ch. 425, 30 Stat. 1151), shall be required to authorize any construction, reconstruction, or alteration of any bridge as required by any order of the Secretary pursuant to this Act. SEC. 612. The provisions of this Act shall apply to all bridges, the construction, reconstruction, or alteration of which had not begun before January 1. 1939, notwithstanding any prior order of the Secretary authorizing or requiring any such construction, reconstruction, or alteration, and compliance with the terms of this Act shall be compliance with any such authorization or requirement of the Secretary under prior laws hereby repealed. REPEAL SEC 613. Section 4 of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906 (34 Stat. 85, see, 4; 3. U. 8. C. 494), and section 18 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,” approved March 3, 1899 (30 Stat. 1153, sec. 18; 33 U. S. C. 502), insofar as inconsistent with the provisions of this Act, and all other laws or parts of laws inconsistent with any of the provisions of this Act, are hereby repealed. TITLE VII AMENDMENTS OF RECONSTRUCTION FINANCE CORPORATION ACT SEC 701. (a) That portion of the third sentence of the third paragraph of section 5 of the Reconstruction Finance Corporation Act, as amended (USC, 1964 edition. Supp. HII, title 15, sec. 605), which precedes the last proviso in such sentence is amended to read as follows: "Within the foregoing limitations of this section, the Corporation, notwithstanding any limitation of law as to maturity, with the approval of the Interstate Commerce Commission, including approval of the price to be paid, may, to aid in the financing, reorganization, consolidation, maintenance, or construction thereof, purchase for itself, or for account of a railroad obligated thereon, the obligations of railroads engaged in interstate commerce, or guarantee the payment of the principal of, and or interest on, such obligations, or, when in the opinion of the Corporation, funds are not available on reasonable terms through private channels, make loans to such railroads or to receivers or trustees thereof for the purpose aforesaid: Provided, That in every case of such a loan, or purchase or guaranty of obization, the Interstate Commerce Commission and the Corporation shall, in cor nection with the approval and/or authorization thereof. find that the prospective earning power of such railroad, together with the character and value of the security offered, furnish, in the opinion of the Interstate Commerce Commission and the Corporation, respectively, reasonable assurance of the retirement of repayment of such loan or obligation, and reasonable protection to the Corporation :". (b) The Reconstruction Finance Corporation Act (U. S. C., 1934 edition. titie, 15, ch. 14; Supp. III, title 15, ch. 14) is amended by adding two new sections after section 5e to read as follows: "SEC. 5f. To provide for the public safety, to preserve transportation faciăties, and to encourage the employment of labor, the Corporation, notwithstanding any other provision of law, may, with the approval of the Interstate Com-merce Commission and subject to the provisions hereof on such terms, colitions, and restrictions as the Corporation may determine (1) make loans to railroads engaged in interstate commerce, or to receivers or trustees theref to aid in financing track and equipment maintenance and replacements, (2) purchase the obligations of such railroads, or of receivers or trustees thered. or guarantee the payment of the principal of and/or interest on such oblig tions to aid in such financing: Provided, That in the case of each loan made under this section the railroad shall agree that the proceeds of the loan shall be used for the employment of employees who have been furloughed or se arated from employment or given partial employment, and for the purchas of, or in reimbursement of the purchase of, materials to be used for the track and equipment maintenance and replacements in connection with which sub employees will be employed, provided further that the railroad shall agree that the employment herein provided for shall be at the wage rates and in accordater with the working conditions covered by agreements between the employers and the carriers prevailing at the time the loan is disbursed by the railroad Any such railroad, or receiver or trustee thereof, may become obligated i such form as shall be prescribed by the Corporation, and may otherwise compi? with the requirements of the Corporation, with respect to the deposit or assig ment of security hereunder, without the authorization or approval of a authority, State or Federal, and without compliance with any requirement State or Federal, as to notification, other than such as may be imposed by the Interstate Commerce Commission and the Corporation under the provisions of this section: Provided further. That agreements entered into under th section shall provide that during such period as the railroads or trustees of receivers thereof shall make no expenditures for the payment of dividends stock nor interest on obligations, where the payment of such interest is c tingent upon earnings, no payment shall be required upon the principal obligations incurred uder this section, nor shall the railroads or trustees or receivers thereof be required during such period to furnish security for such obligations over and beyond the promise to pay as provided in the agreement and sach liens as may arise by operation of law. "SEC. 5g. For the purpose of enabling railroads to discharge their day to the public more efficiently, notwithstanding any other provision of law, the Corporation may, with the approval of the Interstate Commerce Commissie make loans to railroads engaged in interstate commerce or to trustees it receivers thereof to enable them to construct or acquire new equipment 124 the loans so provided for shall cover the entire cost of such new equipme and be secured by the issuance of trust certificates or other appropriate eri dences of obligation without other security. Such loans shall be at a rat of interest not in excess of 2 per centum per annum, payable semianema through the life of the loan, and the agreement for such loans shall provid that payments on the principal shall be optional with the borrower within the first five years of the life of the said loans and that after the period of five years, such parts of the principal as remain unpaid shall be paid in eq semiannual installments over a period of not more than ten years from s after the expiration of said five-year period." TITLE VIII-CITATION OF THIS ACT This Act may be cited as the "Transportation Act, 1939”. Jones-- McGrath Splawn... Adjustment board decisions, court review of (Bell). Agricultu e, interest of, in transportation (Brenckman). Air carriers, regulation of: Eastman_ Gorrell Air transportation (Gray). Airway carriers, subsidized competitors (Shatford). Pago 348 222 1777, 1781 1293, 1297 59 1392 997 1559 1483, 1491-1494 154 552 Ames, Harry C., representative, Mississippi Valley Barge Line Co. and New Testimony relative to— Flood control_. -- 885-889, 1178-1187 1180 Interstate Commerce Commission, views of practitioners before.. 1184 Rates.. Tolls. 1180 Ashburn, Thomas Quinn, president and chairman of board, Inland Water- 1220, 1221, 1231, 1235, 1237, 1238, 1239, 1242, 1249, 1278 Legislation, proposed, effect on development of water transporta- tion Motor Carrier Act, 1935, amendment to Rates Subsidies Tolls Transportation board. Water carriers, regulation of 1064, 1075, 1078, 1086, 1089 Bartley, Guy, secretary-treasurer, Inland Waterways Corporation and Warrior River Terminal Co. (See Ashburn).... 1219, 1252-1259 1269 1236 1230, 1247 1234 1240 309 1311-1313 1063-1092 1081 1076 1066 1088 1064, 1087 1084 1069 1086 1071, 1072 Bayless, Herman A., counsel, Mississippi River System Carriers' Associa- Page 1092-1105 1092 1096 1101 1094 1092, 1097 1095 1099 1095 1100 1093 Beall, J. Ninian, counsel for the American Trucking Associations, Inc.. 417-493 Testimony relative to- Cummins amendment_ 480 422 463, 471, 480 432.436 Reorganization of.. Motor Carrier Act, 1935, amendment to.. Motor carriers, temporary permits for interstate operations... Motor carrier. Reconstruction Finance Corporation Act, amendment to.. Taxation___. Transportation administrator. Water carriers, regulation of.... Bee, C. B., Corporation Commission of the State of Oklahoma 441,468 425 472 440 451.471 441 630 820-829 Rates... Bell, Marcus L., general counsel, Chicago, Rock Island & Pacific Rail- 827 820-822, 824-829 1384-1395 1392 1390 Reorganization court. Reorganization cases, pending.. Railroads, capitalization of Regulation, Interstate Commerce Commission, as medium of 1393 1393 1304 1390 Transportation board.. 1384 Transportation policy, declaration of 1390 Testimony relative to- Benton, John E., general solicitor, National Association of Railroad and Utilities Commissioners.. 1394 1636-1669 Codification_. Cole bill.. 1637 1661 1665 Rates.... Reorganization court.. 1639, 1649 1639, 1650-1658, 1659, 1660, 1662 163 Bills pending: McIntyre. Bowen, Ivan, attorney for the National Association of Motor Bus Oper- Page 843 849 830, 831, 833, 840 1405-1443 1420 1411 1406 1413 1420 1420 1420 1418 1417 1413 997-1003 997 1000 1000 998 1001 999 1000 Brent, Theodore, president, Coast Transportation Co. 1219, 1270 1272, 1333-1341 Cady, Samuel H., vice president and general counsel, Chicago & North 1144 Chaffee, L. D., general traffic manager, Inland Waterways Corp. and 1219 |