Chapter 50. To amend the Act to regulate commerce, as amended, and for other purposes
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CHAP. 50.— An Act To amend the Act to regulate commerce, as amended, and for other purposes. August 9, 1917.[[S. 1816](/us/bill/65/s/1816).][[Public, No. 38](/us/pl/65/38).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Interstate Commerce Commission. That section twenty-four of an Act entitled “An Act to regulate commerce,” approved February fourth eighteen hundred and eighty-seven, as amended, be further amended to read as follows:
" “Sec. 24. Membership enlarged.Vol. 34, p. 595, amended.That the Interstate Commerce Commission is hereby enlarged so as to consist of nine members, with terms of seven years, and each shall receive $10,000 compensation annually. The qualifications of the members and the manner of the payment of their Appointment of new members.salaries shall be as already provided by law. Such enlargement of the commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, one for a term expiring December thirty-first, nineteen hundred and twenty-one, and one for a term expiring December thirty-first, nineteen hundred and Expiration of terms.twenty-two.
The terms of the present commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present commissioners, shall expire as heretofore Successors to serve seven years.provided by law. Their successors and the successors of the additional commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the commissioner Political selection.whom he shall succeed.
Not more than five commissioners shall be appointed from the same political party.” " Sec. 2. That section seventeen of said Act, as amended, be further amended to read as follows: " “Sec. 17. Conduct of proceedings, etc.Vol. 25, p. 861, amended. That the commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. The commission shall have an official seal, which shall be judicially noticed. Any member of the commission may Quorum.administer oaths and affirmations and sign subpoenas.
A majority of the commission shall constitute a quorum for the transaction of business, except as may be otherwise herein provided, but no commissioner shall participate in any hearing or proceeding in which he has General rules, orders, etc.any pecuniary interest. The commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division of the commission, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in Appearances, etc.the courts of the United States.
Any party may appear before the commission or any division thereof and be heard in person or by attorney. Every vote and official act of the commission, or of any 271division thereof, shall be entered of record, and its proceedings shall be public upon the request of any party interested. “The commission is hereby authorized by its order to divide the Divisions of Commission authorized.members thereof into as many divisions as it may deem necessary, which may be changed from time to time.
Such divisions shall be denominated, respectively, division one, division two, and so forth. Any commissioner may be assigned to and may serve upon such division Assignment of members thereto.or divisions as the commission may direct, and the senior in service of the commissioners constituting any of said divisions shall act as chairman thereof. In case of vacancy in any division, or of Temporary service.absence or inability to serve thereon of any commissioner thereto assigned, the chairman of the commission, or any commissioner designated by him for that purpose, may temporarily serve on said division until the commission shall otherwise order.
“The commission may by order direct that any of its work, business, Assignment of work to divisions.or functions arising under this Act, or under any Act amendatory thereof, or supplemental thereto, or under any amendment which may be made to any of said Acts, or under any other Act or joint resolution which has been or may hereafter be approved, or in respect of any matter which has been or may be referred to the commission by Congress or by either branch thereof, be assigned or referred to any of said divisions for action thereon, and may by order at any time amend, modify, supplement, or rescind any such direction.
All such orders shall take effect forthwith and remain in effect until otherwise ordered by the commission. “In conformity with and subject to the order or orders of the commission Full Jurisdiction conferred on divisions.in the premises, each division so constituted shall have power and authority by a majority thereof to hear and determine, order, certify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to it for action by the commission, and in respect thereof the division shall have all the jurisdiction and powers now or then conferred by law upon the commission, and be subject to the same duties and obligations.
Any order, decision, or Enforcement of orders.report made or other action taken by any of said divisions in respect of any matters so assigned or referred to it shall have the same force and effect, and may be made, evidenced, and enforced in the same manner as if made, or taken by the commission, subject to rehearing Rehearings.Vol. 34, p. 592.by the commission, as provided in section sixteen-a hereof for rehearing cases decided by the commission. The secretary and seal of the commission shall be the secretary and seal of each division thereof.
“In all proceedings before any such divisions relating to the reasonableness Number required.Rate, etc., questions.of rates or to alleged discriminations not less than three members shall participate in the consideration and decision; and in Physical valuation proceedings.Vol. 37, p. 701.all proceedings relating to the valuation of railway property under the Act entitled ‘An Act to amend an Act entitled “An Act to regulate commerce,” approved February fourth, eighteeen hundred and eighty-seven, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their stocks, bonds, and other securities, approved March first, nineteen hundred and thirteen, not less than five members shall participate in the consideration and decision.
“The salary of the secretary of the commission shall be $5,000 per Salary of secretary.annum. “Nothing in this section contained, or done pursuant thereto, shall Powers of Commission not affected.be deemed to divest the commission of any of its powers.” " Sec. 3. So much of section eighteen of the Act to regulate commerce Secretary.Former pay repealed.Vol. 25, p. 861, amended.as fixes the salary of the secretary of the commission is hereby repealed. 272 Sec. 4. New rates, etc.Vol. 36, p. 552, amended.
That paragraph two, section fifteen, of the Act to regulate commerce approved February fourth, eighteen hundred and eighty seven, as amended, be further amended by adding the following: Restriction on filing increased rales, etc.“*Provided further*, until January first, nineteen hundred and twenty, no increased rate, fare, charge, or classification shall be filed except Approval by Commission.after approval thereof has been secured from the commission. Such approval may, in the discretion of the commission, be given without formal hearing, and in such case shall not affect any subsequent proceeding relative to such rate, fare, charge, or classification.
” Approved, August 9, 1917.