Chapter 451. To establish a United States Shipping Board for the purpose of encouraging, developing, and creating a naval auxiliary and naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its Territories and possessions and with foreign countries; to regulate ca
7,353 words·~33 min read·
/statutes-at-large/vol-39/chapter-451-3153292·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 451.— An Act To establish a United States Shipping Board for the purpose of encouraging, developing, and creating a naval auxiliary and naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its Territories and possessions and with foreign countries; to regulate carriers by water engaged in the foreign and interstate commerce of the United States; and for other purposes. September 7, 1916[[H. R. 15455](/us/bill/64/hr/15455)][[Public, No. 260](/us/pl/64/260)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Shipping Act, 1916.
That when used in this Act: Meaning of terms.“Common carrier by water in foreign commerce.”The term “common carrier by water in foreign commerce” means a common carrier, except ferryboats running on regular routes, engaged in the transportation by water of passengers or property between the United States or any of its Districts, Territories, or possessions and a foreign country, whether in the import or export trade: *Proviso*.Ocean tramps not included.*Provided*, That a cargo boat commonly called an ocean tramp shall not be deemed such “common carrier by water in foreign commerce.
” “Common carrier by water in interstate commerce.”The term “common carrier by water in interstate commerce” means a common carrier engaged in the transportation by water of passengers or property on the high seas or the Great Lakes on regular routes from port to port between one State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or possession.
“Common carrier by water.”The term “common carrier by water” means a common carrier by water in foreign commerce or a common carrier by water in interstate commerce on the high seas or the Great Lakes on regular routes from port to port. “Other person subject to this Act.”The term other person subject to this Act” means any person not included in the term “common carrier by water,” carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier by water. 729 The term “person” includes corporations, partnerships, and associations,“Person.” existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
Sec. 2. That within the meaning of this Act no corporation, partnership,Citizenship requirement. or association shall be deemed a citizen of the United States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president and managing directors are citizens of the United States and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or possession thereof.
The provisions of this Act shall apply to receivers and trustees ofReceivers and trustees. all persons to whom the Act applies, and to the successors or assignees of such persons. Sec. 3. That a board is hereby created, to be known as the UnitedUnited States Shipping Board.Created; appointment, etc. States Shipping Board, and hereinafter referred to as the board. The board shall be composed of five commissioners, to be appointed by the President, by and with the advice and consent of the Senate; said board shall annually elect one of its members as chairman and one as vice chairman.
The first commissioners appointed shall continue in office for termsTenure of office. of two, three, four, five, and six years, respectively, from the date of their appointment, the term of each to be designated by the President, but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. The commissioners shall be appointed with due regard to theirQualifications, etc. fitness for the efficient discharge of the duties imposed on them by this Act, and to a fair representation of the geographical divisions of the country.
Not more than three of the commissioners shall be appointed from the same political party. No commissioner shall beOther employment restricted. in the employ of or hold any official relation to any common carrier by water or other person subject to this Act, or own any stocks or bonds thereof, or be pecuniarily interested therein. No commissioner shall actively engage in any other business, vocation, or employment. Any commissioner may be removed by the President for inefficiency,Removal, vacancies, etc. neglect of duty, or malfeasance in office.
A vacancy in the board shall not impair the right of the remaining members of the board to exercise all its powers. The board shall have an official seal, which shall be judicially noticed. The board may adopt rules and regulations in regard to its procedureRules, etc. and the conduct of its business. Sec. 4. That each member of the board shall receive a salary ofSalaries of officials, etc. $7,500 per annum. The board shall appoint a secretary, at a salary of $5,000 per annum, and employ and fix the compensation of such attorneys, officers, naval architects, special experts, examiners, clerks, and other employees as it may find necessary for the proper performance of its duties and as may be appropriated for by the Congress.
The President, upon the request of the board, mayDetails from Army, Navy, etc. authorize the detail of officers of the military, naval, or other services of the United States for such duties as the board may deem necessary in connection with its business. With the exception of the secretary, a clerk to each commissioner,Employees from civil service eligibles.Exceptions. the attorneys, naval architects, and such special experts and examiners as the board may from time to time find necessary to employ for the conduct of its work, all employees of the board shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the civil-service law.
The expenses of the board, including necessary expenses for transportation,Payment of expenses. incurred by the members of the board or by its employees under its orders, in making any investigation, or upon official business 730in any other place than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the board. Rent of offices.Until otherwise provided by law the board may rent suitable offices for its use.
Auditing accounts.The Auditor for the State and Other Departments shall receive and examine all accounts of expenditures of the board. Sec. 5. Authority to build vessels. That the board, with the approval of the President, is authorized to have constructed and equipped in American shipyards and navy yards or elsewhere, giving preference, other things being Purchase, charter, etc.equal, to domestic yards, or to purchase, lease, or charter, vessels suitable, as far as the commercial requirements of the marine trade Use designated.of the United States may permit, for use as naval auxiliaries or Army transports, or for other naval or military purposes, and to make necessary *Proviso*.Purchases, etc., excluded.*Post*, p. 731.repairs on and alterations of such vessels: *Provided*, That neither the board nor any corporation formed under section eleven in which the United States is then a stockholder shall purchase, lease, or charter any vessel—
(a)Engaged in active commerce. Which is then engaged in the foreign or domestic commerce of the United States, unless it is about to be withdrawn from such commerce without any intention on the part of the owner to return it thereto within a reasonable time;
(b)Of belligerent country. Which is under the registry or flag or a foreign country which is then engaged in war;
(c)Unsuitable. Which is not adapted, or can not by reasonable alterations and repairs be adapted, to the purposes specified in this section;
(d)Unseaworthy. Which, upon expert examination made under the direction of the board, a written report of such examination being filed as a public record, is not without alteration or repair found to be at least seventy-five per centum as efficient as at the time it was originally put in commission as a seaworthy vessel. Sec. 6. Transfers of Government owned vessels to Board. That the President may transfer either permanently or for limited periods to the board such vessels belonging to the War or Navy Department as are suitable for commercial uses and not required for military or naval use in time of peace, and cause to be transferred to the board vessels owned by the Panama Railroad Company and not required in its business. Sec. 7. Charters, etc., to citizens. That the board, upon terms and conditions prescribed by it and approved by the President, may charter, lease, or sell to any person, a citizen of the United States, any vessel so purchased, constructed, or transferred. Sec. 8. Sale, etc., of unserviceable vessels. That when any vessel purchased or constructed by or transferred to the board as herein provided, and owned by the United States, becomes, in the opinion of the board, unfit for the purposes of this Act, it shall be appraised and sold at public or private competitive sale after due advertisement free from the conditions and restrictions of this Act. Sec. 9. American registry and enrollment allowed. That any vessel purchased, chartered, or leased from the board may be registered or enrolled and licensed, or both registered and enrolled and licensed, as a vessel of the United States and entitled *Proviso*.Coastwise trade permitted.to the benefits and privileges appertaining thereto: *Provided*, That foreign-built vessels admitted to American registry or enrollment and license under this Act, and vessels owned, chartered, or leased by any corporation in which the United States is a stockholder, and vessels sold, leased, or chartered to any person a citizen of the United States, as provided in this Act, may engage in the coastwise trade of the United States. Operation as American merchant vessels.Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and 731liabilities governing merchant vessels, whether the United States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein. No such vessel, without the approvalTransfers restricted. of the board, shall be transferred to a foreign registry or flag, or sold; nor, except under regulations prescribed by the board, be chartered or leased. When the United States is at war, or during any national emergencyIn time of war transfers, etc., restricted to citizens.*Post*, p. 1814. the existence of which is declared by proclamation of the President, no vessel registered or enrolled and licensed under the laws of the United States shall, without the approval of the board, be sold, leased, or chartered to any person not a citizen of the United States, or transferred to a foreign registry or flag. No vessel registered or enrolledVessels for sale to be offered to Board before to a foreigner. and licensed under the laws of the United States, or owned by any person a citizen of the United States, except one which the board is prohibited from purchasing, shall be sold to any person not a citizen of the United States or transferred to a foreign registry or flag, unless such vessel is first tendered to the board at the price in good faith offered by others, or, if no such offer, at a fair price to be determined in the manner provided in section ten. Any vessel sold, chartered, leased, transferred, or operated inForfeiture for violation. violation of this section shall be forfeited to the United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or toPunishment imposed. imprisonment of not more than five years, or both such fine and imprisonment. Sec. 10. That the President, upon giving to the person interestedPossession by the President for military or naval use. such reasonable notice in writing as in his judgment the circumstances permit, may take possession, absolutely or temporarily, for any naval or military purpose, of any vessel purchased, leased, or chartered from the board: *Provided*, That if, in the judgment of the President,*Proviso*.Without notice. an emergency exists requiring such action he may take possession of any such vessel without notice. Thereafter, upon ascertainment by agreement or otherwise, thePayment to be made. United States shall pay the person interested the fair actual value based upon normal conditions at the time of taking of the interest of such person in every vessel taken absolutely, or if taken for a limited period, the fair charter value under normal conditions for such period. In case of disagreement as to such fair value it shall be determined byAscertainment of value. appraisers, one to be appointed by the board, one by the person interested, and a third by the two so appointed. The finding of such appraisers shall be final and binding upon both parties. Sec. 11. That the board, if in its judgment such action is necessaryShipping corporation.Charter and purposes. to carry out the purposes of this Act, may form under the laws of the District of Columbia one or more corporations for the purchase, construction, equipment, lease, charter, maintenance, and operation of merchant vessels in the commerce of the United States. The totalCapital stock.Majority to be held by United States. capital stock thereof shall not exceed $50,000,000. The board may, for and on behalf of the United States, subscribe to, purchase, and vote not less than a majority of the capital stock of any such corporation, and do all other things in regard thereto necessary to protect the interests of the United States and to carry out the purposes of this Act. The board, with the approval of the President, may sell anySales of stock. or all of the stock of the United States in such corporation, but at no time shall it be a minority stockholder therein: *Provided*, That no*Proviso*.To operate vessels only when citizen unobtainable. corporation in which the United States is a stockholder, formed under the authority of this section, shall engage in the operation of any vessel constructed, purchased, leased, chartered, or transferred under the authority of this Act unless the board shall be unable, after a bona fide effort, to contract with any person a citizen of the United States for the purchase, lease, or charter of such vessel under such terms and conditions as may be prescribed by the board. 732 Notice of offer.The board shall give public notice of the fact that vessels are offered and the terms and conditions upon which a contract will be made, Declaration by the President for operation by corporation.and shall invite competitive offerings. In the event the board shall, after full compliance with the terms of this proviso, determine that it is unable to enter into a contract with such private parties for the purchase, lease, or charter of such vessel, it shall make a full report to the President, who shall examine such report, and if he shall approve the same he shall make an order declaring that the conditions have been found to exist which justify the operation of such vessel by a corporation formed under the provisions of this section. Dissolution of corporation.At the expiration of five years from the conclusion of the present European war the operation of vessels on the part of any such corporation in which the United States is then a stockholder shall cease and the said corporation stand dissolved. The date of the conclusion of Disposal of property.the war shall be declared by proclamation of the President. The vessels and other property of any such corporation shall revert to the board. The board may sell, lease, or charter such vessels as provided in section seven and shall dispose of the property other than vessels on the best available terms and, after payment of all debts and obligations, deposit the proceeds thereof in the Treasury to its credit. Redemption of privately owned stock.All stock in such corporations owned by others than the United States at the time of dissolution shall be taken over by the board at a fair and reasonable value and paid for with funds to the credit of the board. In case of disagreement, such value shall be determined in the manner provided in section ten. Sec. 12. Investigations by the Board.Subjects designated. That the board shall investigate the relative cost of building merchant vessels in the United States and in foreign maritime countries, and the relative cost, advantages, and disadvantages of operating in the foreign trade vessels under United States registry and under foreign registry. It shall examine the rules under which vessels are constructed abroad and in the United States, and the methods of classifying and rating same, and it shall examine into the subject of marine insurance, the number of companies in the United States, domestic and foreign, engaging in marine insurance, the extent of the insurance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies, and ascertain what steps may be necessary to develop an ample marine insurance system as an aid in the development of an American merchant marine. It shall examine the navigation laws of the United States and the rules and regulations thereunder, and make such recommendations to the Congress as it deems proper for the amendment, improvement, and revision of such laws, and for the development of the American merchant marine. It shall investigate the legal status of mortgage loans on vessel property, with a view to means of improving the security of such loans and of encouraging investment in American shipping. Annual reports.Details of.It shall, on or before the first day of December in each year, make a report to the Congress, which shall include its recommendations and the results of its investigations, a summary of its transactions, and a statement of all expenditures and receipts under this Act, and of the operations of any corporation in which the United States is a stockholder, and the names and compensation of all persons employed by the board. Sec. 13. Liabilities limited. That for the purpose of carrying out the provisions of sections five and eleven no liability shall be incurred exceeding a total of Bond issue authorized.$50,000,000 and the Secretary of the Treasury, upon the request of the board, approved by the President, shall from time to time issue Vol. 36, pp. 117, 192, 1013.and sell or use any of the bonds of the United States now available in the Treasury under the Acts of August fifth, nineteen hundred and nine, February fourth, nineteen hundred and ten, and March second, nineteen hundred and eleven, relating to the issue of bonds for the 733construction of the Panama Canal, to a total amount not to exceed $50,000,000: *Provided*, That any bonds issued and sold or used under*Proviso*.Payable within 50 years. the provisions of this section may be made payable at such time within fifty years after issue as the Secretary of the Treasury may fix, instead of fifty years after the date of issue, as prescribed in the Act of August fifth, nineteen hundred and nine. The proceeds of such bonds and the net proceeds of all sales,All receipts to be credited to the board. charters, and leases of vessels and of sales of stock made by the board, and all other moneys received by it from any source, shall be covered into the Treasury to the credit of the board, and are hereby permanentlyPermanent appropriation made.*Ante*, pp. 730, 731. appropriated for the purpose of carrying out the provisions of sections five and eleven. Sec. 14. That no common carrier by water shall directly or indirectly—Common carriers by water. First. Pay, or allow, or enter into any combination, agreement, orSpecified restrictions.Allowing deferred rebates.Definition. understanding, express or implied, to pay or allow, a deferred rebate to any shipper. The term “deferred rebate” in this Act means a return of any portion of the freight money by a carrier to any shipper as a consideration for the giving of all or any portion of his shipments to the same or any other carrier, or for any other purpose, the payment of which is deferred beyond the completion of the service for which it is paid, and is made only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement or arrangement. Second. Use a fighting ship either separately or in conjunctionUsing fighting ships.Definition. with any other carrier, through agreement or otherwise. The term “fighting ship” in this Act means a vessel used in a particular trade by a carrier or group of carriers for the purpose of excluding, preventing, or reducing competition by driving another carrier out of said trade. Third. Retaliate against any shipper by refusing, or threateningRetaliating, etc. against shippers. to refuse, space accommodations when such are available, or resort to other discriminating or unfair methods, because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment, or for any other reason. Fourth. Make any unfair or unjustly discriminatory contract withMaking discriminatory shipping contracts.Details. any shipper based on the volume of freight offered, or unfairly treat or unjustly discriminate against any shipper in the matter of
(a)cargo space accommodations or other facilities, due regard being had for the proper loading of the vessel and the available tonnage;
(b)the loading and landing of freight in proper condition; or
(c)the adjustment and settlement of claims. Any carrier who violates any provision of this section shall bePenalty for violations. guilty of a misdemeanor punishable by a fine of not more than $25,000 for each offense. Sec. 15. That every common carrier by water, or other person subjectStatement of all rate agreements, etc., to be filed with Board.Details. to this Act, shall file immediately with the board a true copy, or, if oral, a true and complete memorandum, of every agreement with another such carrier Or other person subject to this Act, or modification or cancellation thereof, to which it may be a party or conform in whole or in part, fixing or regulating transportation rates or fares; giving or receiving special rates, accommodations, or other special privileges or advantages; controlling, regulating, preventing, or destroying competition; pooling or apportioning earnings, losses, or traffic; allotting ports or restricting or otherwise regulating the number and character of sailings between ports; limiting or regulating in any way the volume or character of freight or passenger traffic to be carried; or in any manner providing for an exclusive, preferential, or cooperative working arrangement. The term “agreement” in this section includes understandings, conferences, and other arrangements. 734 Authority of Board to approve, disapprove, etc.The board may by order disapprove, cancel, or modify any agreement, or any modification or cancellation thereof, whether or not previously approved by it, that it finds to be unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or ports, or between exporters from the United States and their foreign competitors, or to operate to the detriment of the commerce of the United States, or to be in violation of this Act, and shall approve all other agreements, modifications, or cancellations. Status of existing agreements.Agreements existing at the time of the organization of the board shall be lawful until disapproved by the board. It shall be unlawful to carry out any agreement or any portion thereof disapproved by the board. Agreements unlawful without approval of Board.All agreements, modifications, or cancellations made after the organization of the board shall be lawful only when and as long as approved by the board, and before approval or after disapproval it shall be unlawful to carry out in whole or in part, directly or indirectly, any such agreement, modification, or cancellation. Lawful agreements not subject to antitrust laws.Vol. 26, p. 209.Vol. 28, p. 570.Every agreement, modification, or cancellation lawful under this section shall be excepted from the provisions of the Act approved July second, eighteen hundred and ninety, entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” and amendments and Acts supplementary thereto, and the provisions Vol. 37, p. 667; Vol. 38, p. 730.of sections seventy-three to seventy-seven, both inclusive, of the Act approved August twenty-seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” and amendments and Acts supplementary thereto. Penalty for violations.Whoever violates any provision of this section shall be liable to a penalty of $1,000 for each day such violation continues, to be recovered by the United States in a civil action. Sec. 16. Preferences forbidden. That it shall be unlawful for any common carrier by water, or other person subject to this Act, either alone or in conjunction with any other person, directly or indirectly— As to persons, localities. or descriptions of traffic.First. To make or give any undue or unreasonable preference or advantage to any particular person, locality, or description of traffic in any respect whatsoever, or to subject any particular person, locality, or description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Lower rates by unfair means.Second. To allow any person to obtain transportation for property at less than the regular rates then established and enforced on the line of such carrier, by means of false billing, false classification, false weighing, false report of weight, or by any other unjust or unfair device or means. Inducing discriminating insurance rates.Third. To induce, persuade, or otherwise influence any marine insurance company or underwriter, or agent thereof, not to give a competing carrier by water as favorable a rate of insurance on vessel or cargo, having due regard to the class of vessel or cargo, as is granted to such carrier or other person subject to this Act. Sec. 17. Common carriers in foreign commerce.Unjust rates, etc., by, forbidden. That no common carrier by water in foreign commerce shall demand, charge, or collect any rate, fare, or charge which is unjustly discriminatory between shippers or ports, or unjustly prejudicial to exporters of the United States as compared with their Correction by Board.foreign competitors. Whenever the board finds that any such rate, fare, or charge is demanded, charged, or collected it may alter the same to the extent necessary to correct such unjust discrimination or prejudice and make an order that the carrier shall discontinue demanding, charging, or collecting any such unjustly discriminatory or prejudicial rate, fare, or charge. Just regulations for receiving, delivering, etc., goods, required.Every such carrier and every other person subject to this Act shall establish, observe, and enforce just and reasonable regulations and practices relating to or connected with the receiving, handling, storing, 735or delivering of property. Whenever the board finds that any suchCorrection by Board. regulation or practice is unjust or unreasonable it may determine, prescribe, and order enforced a just and reasonable regulation or practice. Sec. 18. That every common carrier by water in interstate commerceCommon carriers in interstate commerce.Just and reasonable rates, etc., by, required.Details. shall establish, observe, and enforce just and reasonable rates, fares, charges, classifications, and tariffs, and just and reasonable regulations and practices relating thereto and to the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the carrying of personal, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with the receiving, handling, transporting, storing, or delivering of property. Every such carrier shall file with the board and keep open to publicTariffs to be filed and displayed. inspection, in the form and manner and within the time prescribed by the board, the maximum rates, fares, and charges for or in connection with transportation between points on its own route; and if a throughThrough routes. route has been established, the maximum rates, fares, and charges for or in connection with transportation between points on its own route and points on the route of any other carrier by water. No such carrier shall demand, charge, or collect a greater compensationRestriction on increasing charges. for such transportation than the rates, fares, and charges filed in compliance with this section, except with the approval of the board and after ten days’ public notice in the form and manner prescribed by the board, stating the increase proposed to be made; but the board for good cause shown may waive such notice. Whenever the board finds that any rate, fare, charge, classification,Correction of unjust rates, etc. tariff, regulation, or practice, demanded, charged, collected, or observed by such carrier is unjust or unreasonable, it may determine, prescribe, and order enforced a just and reasonable maximum rate, fare, or charge, or a just and reasonable classification, tariff, regulation, or practice. Sec. 19. That whenever a common carrier by water in interstateRestriction on increasing reduced rates. commerce reduces its rates on the carriage of any species of freight to or from competitive points below a fair and remunerative basis with the intent of driving out or otherwise injuring a competitive carrier by water, it shall not increase such rates unless after hearing the board finds that such proposed increase rests upon changed conditions other than the elimination of said competition. Sec. 20. That it shall be unlawful for any common carrier by waterUnauthorized giving or receiving information of shipments unlawful. or other person subject to this Act, or any officer, receiver, trustee, lessee, agent, or employee of such carrier or person, or for any other person authorized by such carrier or person to receive information, knowingly to disclose to or permit to be acquired by any person other than the shipper or consignee, without the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such common carrier or other person subject to this Act for transportation in interstate or foreign commerce, which informationConditions. may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor, or which may be used to the detriment or prejudice of any carrier; and it shall also be unlawful for any person to solicit or knowingly receive any such information which may be so used. Nothing in this Act shall be construed to prevent the giving of suchAuthorities entitled to receive information. information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States, or of any State, Territory, District, or possession thereof, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of per-736sons charged with or suspected of crime, or to another carrier, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers. Sec. 21. Reports, etc., to be filed with Board. That the board may require any common carrier by water, or other person subject to this Act, or any officer, receiver, trustee, lessee, agent, or employee thereof, to file with it any periodical or special report, or any account, record, rate, or charge, or any memorandum of any facts and transactions appertaining to the business of Form, etc.such carrier or other person subject to this Act. Such report, account, record, rate, charge, or memorandum shall be under oath whenever the board so requires, and shall be furnished in the form and within Penalty for failure.the time prescribed by the board. Whoever fails to file any report, account, record, rate, charge, or memorandum as required by this section shall forfeit to the United States the sum of $100 for each day of such default. Punishment for falsifying reports, etc.Whoever willfully falsifies, destroys, mutilates, or alters any such report, account, record, rate, charge, or memorandum, or willfully files a false report, account, record, rate, charge, or memorandum shall be guilty of a misdemeanor, and subject upon conviction to a fine of not more than $1,000, or imprisonment for not more than one year, or to both such fine and imprisonment. Sec. 22. Complaints of violation. That any person may file with the board a sworn complaint setting forth any violation of this Act by a common carrier by water, or other person subject to this Act, and asking reparation for Copy to carrier.the injury, if any, caused thereby. The board shall furnish a copy of the complaint to such carrier or other person, who shall, within a reasonable time specified by the board, satisfy the complaint or answer Investigation.it in writing. If the complaint is not satisfied the board shall, except as otherwise provided in this Act, investigate it in such manner and Reparation.by such means, and make such order as it deems proper. The board, if the complaint is filed within two years after the cause of action accrued, may direct the payment, on or before a day named, of full reparation to the complainant for the injury caused by such violation. Investigations initiated by Board.The board, upon its own motion, may in like manner and, except as to orders for the payment of money, with the same powers, investigate any violation of this Act. Sec. 23. Orders of the Board.Full hearings, etc. Orders of the board relating to any violation of this Act shall be made only after full hearing, and upon a sworn complaint or in proceedings instituted of its own motion. Continuance of, except for payment of money.All orders of the board other than for the payment of money made under this Act shall continue in force for such time, not exceeding two years, as shall be prescribed therein by the board, unless suspended, modified, or set aside by the board or any court of competent jurisdiction. Sec. 24. Record, etc., of investigations. That the board shall enter of record a written report of every investigation made under this Act in which a hearing has been held, stating its conclusions, decision, and order, and, if reparation Copies to parties.is awarded, the findings of fact on which the award is made, and shall furnish a copy of such report to all parties to the investigation. Publication of re ports.The board may publish such reports in the form best adapted for public information and use, and such authorized publications shall, Received as evidencewithout further proof or authentication, be competent evidence of such reports in all courts of the United States and of the States, Territories, Districts, and possessions thereof. Sec. 25. Modification, etc. That the board may reverse, suspend, or modify, upon such notice and in such manner as it deems proper, any order made Rehearings.by it. Upon application of any party to a decision or order it may grant a rehearing of the same or any matter determined therein, but no such application for or allowance of a rehearing shall, except by special order of the board, operate as a stay of such order. 737 Sec. 26. The board shall have power, and it shall be its dutyInvestigations of unequal treatment of American vessel by foreign Government. whenever complaint shall be made to it, to investigate the action of any foreign Government with respect to the privileges afforded and burdens imposed upon vessels of the United States engaged in foreign trade whenever it shall appear that the laws, regulations, or practices of any foreign Government operate in such a manner that vessels of the United States are not accorded equal privileges in foreign trade with vessels of such foreign countries or vessels of other foreign countries, either in trade to or from the ports of such foreign country or in respect of the passage or transportation through such foreign country of passengers or goods intended for shipment or transportation in such vessels of the United States, either to or from ports of such foreign country or to or from ports of other foreign countries. It shall be the duty of the board to report the results of its investigationReport to the President, etc. to the President with its recommendations and the President is hereby authorized and empowered to secure by diplomatic action equal privileges for vessels of the United States engaged in such foreign trade. And if by such diplomatic action the President shallMessage to Congress if equal privileges not secured. be unable to secure such equal privileges then the President shall advise Congress as to the facts and his conclusions by special message, if deemed important in the public interest, in order that proper action may be taken thereon. Sec. 27. That for the purpose of investigating alleged violationsAuthority to secure testimony, etc. of this Act, the board may by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence from any place in the United States at any designated place of hearing. Subpoenas may be signed by any commissioner,Subpoenas, depositions, etc. and oaths or affirmations may be administered, witnesses examined, and evidence received by any commissioner or examiner, or, under the direction of the board, by any person authorized under the laws of the United States or of any State, Territory, District, or possession thereof to administer oaths. Persons so acting under the directionFees, etc. of the board and witnesses shall, unless employees of the board, be entitled to the same fees and mileage as in the courts of the United States. Obedience to any such subpoena shall, on application by theEnforcement. board, be enforced as are orders of the board other than for the payment of money. Sec. 28. That no person shall be excused, on the ground that itTestimony, etc., compulsory. may tend to incriminate him or subject him to a penalty or forfeiture, from attending and testifying, or producing books, papers, documents, and other evidence, in obedience to the subpoena of the board or of any court in any proceeding based upon or growing out of any alleged violation of this Act; but no natural person shall be prosecutedCriminal immunity. or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which, in obedience to a subpoena and under oath, he may so testify or produce evidence, exceptPerjury excepted. that no person shall be exempt from prosecution and punishment for perjury committed in so testifying. Sec. 29. That in case of violation of any order of the board, otherJurisdiction of district courts.Orders other than for paying money. than an order for the payment of money, the board, or any party injured by such violation, or the Attorney General, may apply to a district court having jurisdiction of the parties; and if, after hearing, the court determines that the order was regularly made and duly issued, it shall enforce obedience thereto by a writ of injunction or other proper process, mandatory or otherwise. Sec. 30. That in case of violation of any order of the board for theFor payment of money. payment of money the person to whom such award was made may file in the district court for the district in which such person resides, or in which is located any office of the carrier or other person to whom the order was directed, or in which is located any point of call on a regular route operated by the carrier, or in any court of gen-738eral jurisdiction of a State, Territory, District, or possession of the United States having jurisdiction of the parties, a petition or suit setting forth briefly the causes for which he claims damages and the order of the board in the premises. Findings of board prima facie evidence of facts.In the district court the findings and order of the board shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs, nor shall he be liable for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If a petitioner in a district court finally prevails, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as part of the costs of the suit. Joining of parties in suits for reparation.All parties in whose favor the board has made an award of reparation by a single order may be joined as plaintiffs, and all other parties to such order may be joined as defendants, in a single suit in any district in which any one such plaintiff could maintain a suit against Service of process etc.any one such defendant. Service of process against any such defendant not found in that district may be made in any district in which is located any office of, or point of call on a regular route operated Judgments.by, such defendant. Judgment may be entered in favor of any plaintiff against the defendant liable to that plaintiff. Limitation of time.No petition or suit for the enforcement of an order for the payment of money shall be maintained unless filed within one year from the date of the order. Sec. 31. Venue and procedure. That the venue and procedure in the courts of the United States in suits brought to enforce, suspend, or set aside, in whole or in part, any order of the board shall, except as herein otherwise provided, be the same as in similar suits in regard to orders of the Interstate Commerce Commission, but such suits may also be maintained in any district court having jurisdiction of the parties. Sec. 32. General penalty for violations. That whoever violates any provision of this Act, except where a different penalty is provided, shall be guilty of a misdemeanor, punishable by fine of not to exceed $5,000. Sec. 33. Interstate Commerce Commission powers not affected. That this Act shaH not be construed to affect the power or jurisdiction of the Interstate Commerce Commission, nor to confer upon the board concurrent power or jurisdiction over any matter No intrastate application.within the power or jurisdiction of such commission; nor shall this Act be construed to apply to intrastate commerce. Sec. 34. Invalidity of any provision not to affect remainder of Act. That if any provision of this Act, or the application of such provision to certain circumstances, is held unconstitutional, the remainder of the Act, and the application of such provision to circumstances other than those as to which it is held unconstitutional, shall not be affected thereby. Sec. 35. Appropriation for expenses. That for the fiscal year ending June thirtieth, nineteen hundred and seventeen, the sum of $100,000 is hereby appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, for the purpose of defraying the expenses of the establishment and maintenance of the board, including the payment of salaries herein authorized. Sec. 36. Clearance to be refused vessel declining freight from any citizen. The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise destined for a foreign or domestic port whenever he shall have satisfactory reason to believe that the master, owner, or other officer of such vessel or other vehicle refuses or declines to accept or receive freight or cargo in good condition tendered for such port of destination or for some intermediate port of call, together with the proper freight or transportation charges therefor, by any citizen of the United States, unless the same is fully laden and has no space accommodations for the freight or cargo so tendered, due regard being had for the proper loading of such vessel or vehicle, or unless such freight or cargo consists of merchandise for which such vessel or vehicle is not adaptable. Approved, September 7, 1916.