Public Law 14.

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(/us/pl/74/13).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River.Time es tended for bridging, at Saint Charles. Mo.Vol. 46, p. 64; Vol. 47, p. 779. That the time for completing the construction of a bridge across the Missouri River at or near Saint Charles, Missouri, authorized to be built by the Wabash Railway Company, its successors and assigns, by an Act of Congress approved February 7, 1930, and extended to February 7; 1935, by an Act of Congress approved January 27, 1933, is hereby further extended to February 7, 1937.

Sec. 2. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 21, 1935. To regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes. 1935-02-22 18 Chapter 49 Stat. 30 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2025-01-07 public [CHAPTER 18.] AN ACT To regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes. February 22, 1935.[[S. 1190](/us/bill/74/s/1190).][[Public, No. 14](/us/pl/74/14).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Petroleum and its products; regulation of interstate and foreign commerce in.Policy of Congress declared.*Post*, pp. 574, 1760.

That it is hereby declared to be the policy of Congress to protect interstate and foreign commerce from the diversion and obstruction of, and the burden and harmful effect upon, such commerce caused by contraband oil as herein defined, and to encourage the conservation of deposits of crude oil situated within the United States. Sec. 2. Definitions. As used in this Act—

(1)“Contraband oil.” The term “contraband oil” means petroleum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum. 31

(2)The term “products” or “petroleum products” includes any“Products” or “petroleum products.” article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manufacturing, or otherwise.

(3)The term “interstate commerce” means commerce between“Interstate commerce.” any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States.

(4)The term “person” includes an individual, partnership, corporation,“Person.” or joint-stock company. Sec. 3. The shipment or transportation in interstate commerceInterstate commerce in contraband oil prohibited. from any State of contraband oil produced in such State is hereby prohibited. For the purposes of this section contraband oil shall not be deemed to have been produced in a State if none of the petroleum constituting such contraband oil, or from which it was produced or derived, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of such State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State. Sec. 4. Whenever the President finds that the amount of petroleumSuspension of provision if luck of parity between supply and demand. and petroleum products moving in interstate commerce is so limited as to be the cause, in whole or in part, of a lack of parity between supply (including imports and reasonable withdrawals from storage) and consumptive demand (including exports and reasonable additions to storage) resulting in an undue burden on or restriction of interstate commerce in petroleum and petroleum products, heProclamations to issue. shall by proclamation declare such finding, and thereupon the provisions of section 3 shall be inoperative until such time as the President shall find and by proclamation declare that the conditions which gave rise to the suspension of the operation of the provisions of such section no longer exist. If any provision of this section orSaving clause. the application thereof shall be held to be invalid, the validity or application of section 3 shall not be affected thereby. Sec. 5.

(a)The President shall prescribe such regulations as heRegulations for enforcing provisions. finds necessary or appropriate for the enforcement of the provisions of this Act, including but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petroleum and petroleum products, and providing for the keeping of Books and records, and for the inspection of such books and records and of properties and facilities.

(b)Whenever the President finds it necessary or appropriate forCertificates of clearance. the enforcement of the provisions of this Act he shall require certificates of clearance for petroleum and petroleum products moving or to be moved in interstate commerce from any particular area, and shall establish a board or boards for the issuance of such certificates.Establishment of issuing boards.Issue of certificate; when. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not constitute contraband oil. Denial of any such certificate shall be by order of theDenial; hearing. board, and only after reasonable opportunity for hearing. WheneverShipment from particular area without certificate unlawful. a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. 32

(c)Review, by district court, permitted. Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board Petition to be filed.is sitting by filing in such court within thirty days after the entry of such order a written petition praying that the order of the board be Service of copy.modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon Jurisdiction of court.which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or Objections to order of board.set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection Finding of facts by board.shall have been urged before the board. The finding of the board as Finality of decree; review.to the facts, if supported by evidence, shall be conclusive. The [U. S. C., pp. 1259, 1272](/us/usc/1259/1272).judgment and decree of the court shall be final, subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 225 and 347). Sec. 6. Punishment for violation. Any person knowingly violating any provision of this Act or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment. Sec. 7. Seizure and forfeiture of contraband oil.

(a)Contraband oil shipped or transported in interstate commerce in violation of the provisions of this Act shall be liable to be proceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for Discretionary return.forfeiture to the United States by a process of libel for condemnation; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would Nature of proceedings.result from such forfeiture. The proceedings in such cases shall conform as nearly as may be to proceedings in rem in admiralty, except that either party may demand a trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit Disposition of forfeited oil.of and in the name of the United States. Contraband oil forfeited to the United States as provided in this section shall be used or disposed of pursuant to such rules and regulations as the President shall prescribe.

(b)No forfeiture If possessing valid certificate. No such forfeiture shall be made in the case of contraband oil owned by any person (other than a person shipping such contraband oil in violation of the provisions of this Act) who has with respect to such contraband oil a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 5, certifying that the shipment in question is not contraband oil, and such person had no reasonable ground for believing such certificate to be invalid or to have been issued as a result of fraud or misrepresentation of fact. Sec. 8. Liability of common carriers. No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this Act, by reason of the failure of the shipper to deliver such a certificate to such carrier, or who shall refuse to accept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products constitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under section 6 in any case where

(1)such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 5, certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for believing33 such certificate to be invalid or to have been issued as a result of fraud or misrepresentation of fact, or

(2)such carrier, as respects any shipment originating in any area where certificates of clearance are not required under authority of this Act, had no reasonable ground for believing such petroleum or petroleum products to constitute contraband oil. Sec. 9.

(a)Any board established under authority of section 5, andHearings, proceedings, etc., authorized. any agency designated under authority of section 11, may hold and conduct such hearings, investigations, and proceedings as may be necessary for the purposes of this Act, and for such purposes those provisions of section 21 of the Securities Exchange Act of 1934Vol. 48, p. 899. relating to the administering of oaths and affirmations, and to the attendance and testimony of witnesses and the production of evidence (including penalties), shall apply.

(b)The members of any board established under authority ofBoard members; appointment. section 5 shall be appointed by the President, without regard to the civil service laws but subject to the Classification Act of 1923, as amended; and any such board may appoint, without regard to theVol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.[U. S. C., p. 85](/us/usc/85). civil service laws but subject to the Classification Act of 1923, as amended, such employees as may be necessary for the execution of its functions under this Act. Sec. 10.

(a)Upon application of the President, by the AttorneyMandatory injunctions. General, the United States District Courts shall have jurisdiction to issue mandatory injunctions commanding any person to comply with the provisions of this Act or any regulation issued thereunder.

(b)Whenever it shall appear to the President that any person isRestraining orders. engaged or about to engage in any acts or practices that constitute or will constitute a violation of any provision of this Act or of any regulation thereunder, be may in his discretion, by the Attorney General, bring an action in the proper United States District Court to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond.

(c)The United States District Courts shall have exclusive jurisdictionExclusive jurisdiction of United States District Courts. of violations of this Act or the regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this Act or the regulations thereunder. Any criminal proceeding may be brought inProceedings. the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty createdVenue of actions. by this Act or regulations thereunder, or to enjoin any violation of this Act or any regulations thereunder, may be brought in any such district or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees soJudgments subject to review.[U. S. C., pp. 1259, 1272](/us/usc/1259/1272). rendered shall be subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (U. S. C., title 28. secs. 225 and 347). Sec. 11. Wherever reference is made in this Act to the PresidentDelegation of powers, etc. such reference shall be held to include, in addition to the President, any agency, officer, or employee who may be designated by the President for the execution of any of the powers and functions vested in the President under this Act. Sec. 12. If any provision of this Act, or the application thereofSaving provision. to any person or circumstance, shall be held invalid, the validity of the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Sec. 13. This Act shall cease to be in effect on June 16, 1937.Duration of Act. Approved, February 22, 1935. Authorizing the use of public parks, reservations, and other public spaces in the District of Columbia; and the use of tents, cots, hospital appliances, flags, and other decorations, property of the United States, by Washington, D. C., 1935 Shrine Committee, Incorporated, and for other purposes. 1935-02-28 19 Chapter 49 Stat. 34 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 34 [CHAPTER 19.] JOINT RESOLUTION Authorizing the use of public parks, reservations, and other public spaces in the District of Columbia; and the use of tents, cots, hospital appliances, flags, and other decorations, property of the United States, by Washington, D. C., 1935 Shrine Committee, Incorporated, and for other purposes. February 28, 1935.[[S. J. Res. 49](/us/bill/74/sjres/49).][[Pub. Res., No. 5](/us/bill/74/pubres/5).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Washington, D. C., Mystic Shrine session.Permits granted for use of parks, etc. That the Secretary of the Interior, the Secretary of the Treasury, the Commissioners of the District of Columbia, the Board of Education of the District of Columbia, and the Architect of the Capitol are hereby severally authorized to grant permits to the Washington, D. C., 1935 Shrine Committee, Incorporated, a body corporate organized pursuant to the provisions of chapter 5 of title V of the Code of the District of Columbia (hereinafter referred to as the “Committee”) for the use of any buildings, parks, rivers, waterways, reservations, sidewalks, or other public spaces in the District of Columbia, under his, their, or its control, respectively on the occasion of the sixty-first annual session of the Imperial Council Ancient and Arabic Order of the Nobles of the Mystic Shrine, in the month of June *Provisos*.Condition.1935: *Provided*, That such use will inflict no serious or permanent injury upon any such buildings, parks, rivers, waterways, reservations, sidewalks, or other public spaces, or any portion or the contents thereof, in the opinion of the person granting any such permit, in Supervision, plans, etc., of stands, etc.accordance with this authority: *Provided further*, That all stands, arches, or platforms that may be erected on the public spaces aforesaid, including such as may be erected in connection with any display of fireworks, shall be under the supervision of the said Washington, D. C., 1935 Shrine Committee, Incorporated, and in accordance with plans and designs to be approved by the Architect of the Capitol, the Engineer Commissioner of the District of Columbia, and the Superintendent of National Capital Parks, and that no person or corporation shall be authorized to erect or use any such stands, arches, or Restoration after use.platforms without permission of said committee: *And provided further*, That any such buildings, parks, reservations, or other public spaces which shall he used or occupied, by the erection of stands or other structures, or otherwise, shall be promptly restored to their condition before such occupancy, and the said committee shall indemnify the United States or the District of Columbia, as the case may be, for all damage of any kind whatsoever sustained by reason of any such use or occupation. Sec. 2. Special traffic regulations. That the Commissioners of the District of Columbia arc hereby authorized to designate, set aside, and regulate the use of such streets, avenues, and sidewalks in the District of Columbia, under their control, as they may deem proper and necessary, for the purpose of said session, and to make and enforce such special regulations regarding standing, movement, and operation of vehicles of whatever kind or character, and all reasonable regulations necessary to secure the preservation of public order and the protection of life and property, from the 8th day of June 1935 to the 17th day of June 1935, both inclusive. Such regulations shall be in force during said period, and shall be published in one or more daily newspapers *Proviso*.Arrests.published in the District of Columbia: *Provided*, That the expiration of said period shall not prevent the arrest or trial of any person for any violation of such regulations committed during the time same were Effective date of prescribed penalties.in force and effect: *Provided, however*, That no penalty prescribed for the violation of any such regulations shall be in force until five days after the date of publication. 35 Sec. 3. That the Public Utilities Commission of the District ofVehicles of conveyance; regulations. Columbia is hereby granted authority to make such special regulations as in the opinion of said Commission may be necessary or desirable, regulating the standing, movement, and operation of taxi-cabs, street cars, busses, and other vehicles of conveyance under the regulation or control of said Commission, for the period commencing the 8th day of June 1935 and ending on the 15th day of June 1935, both inclusive. Sec. 4. That the Secretary of War and the Secretary of the NavyLoan of tents, camp appliances, etc. are hereby authorized to loan to said committee such tents, camp appliances, trucks, motor equipment, benches, chairs, hospital furniture and utensils of all description, ambulances, horses, drivers, stretchers, Red Cross flags and poles, and other property and equipment, belonging to the United States, as in their judgment may be spared at the time of said session, consistent with the interests of the United States: *Provided*, That the said committee shall indemnify*Provisos*.Indemnity for loss, etc. the United States for any loss or damage to any and all such property not necessarily incidental to such use: *And, provided further*, ThatBond. the said committee shall give approved bond to do the same. Sec. 5. That the Secretary of War and the Secretary of the NavyLoan of Government flags, etc. are authorized to loan to the said committee such ensigns, flags, decorations, lighting equipment, and so forth, belonging to the United States (battle flags excepted) as are not then in use, and may be suitable and proper for decorations and other purposes, which may be spared without detriment to the public service, such ensigns, flags, decorations, lighting equipment, and so forth, to be used by the committee under such regulations and restrictions as may be prescribed by the said Secretaries, or either of them: *Provided*, That*Proviso*.Return after session. the said committee shall, within five days after the close of said session, return to the said Secretaries all such ensigns, flags, decorations, lighting equipment, and so forth, thus loaned; and said committee shall indemnify the United States for any loss or damage not necessarily incident to such use. Sec. 6. That the Superintendent of National Capital Parks, subjectUse of public spaces for stands, etc. to the approval of the Director of National Parks Service, is hereby authorized to permit the use of any or all public parks, reservations, or other public spaces in the District of Columbia, including the Monument Grounds and the Ellipse, for use by said committee for the erection of grand stands, reviewing stands, platforms, and other structures for reviewing parade or other purposes; and said committee is hereby authorized to charge reasonable fees for the use of the same provided such fees are used to aid in meeting the necessary expenses incident to the said session. Sec. 7. That the Superintendent of National Capital Parks, subjectReservations for automobiles. to the approval of the Director of National Parks Service, is hereby authorized to permit the use of such public parks, reservations, or other public spaces in the District of Columbia, under the control of the said Superintendent of National Capital Parks, as in the opinion of said Superintendent of National Capital Parks may be necessary, for the use by said committee for the parking of automobiles, the temporary erection of tents for entertainment, hospitals, and other purposes; and the said committee is hereby authorized toCharge allowed; condition. charge reasonable fees for the use of the same provided such fees are used to aid in meeting the expenses incident to the said session. Sec. 8. That the Commissioners of the District of Columbia areOverhead conductors for special illumination. hereby authorized to permit said committee to stretch suitable overhead conductors, with sufficient supports, wherever necessary and in the nearest practicable connection with the present supply of light,36 *Provisos*.Time limit for use.for the purpose of effecting special illumination: *Provided*, That the said conductors shall not be used for the conveying of electrical currents after June 15, 1935, and shall, with their supports, be fully and entirely removed from the public spaces, streets, and avenues of the said city of Washington on or before June 25, 1935: Placing and removing wires. *Provided further*, That the stretching and removing of the said wires shall be under the supervision of the Commissioners of the District of Columbia, who shall see that the provisions of this resolution are enforced ; that all needful precautions are taken for the protection of the public; and that the pavement of any street, avenue, or alley disturbed is replaced in as good condition as before entering upon the work No Government liability.herein authorized: *And provided further*, That no expense or damage on account of or due to the stretching, operation, or removing of the said temporary overhead conductors shall be incurred by the United States or the District of Columbia, and that if it shall be Wires over parks, etc.necessary to erect wires for illuminating or other purposes over any park or reservation in the District of Columbia, the work of erection and removal of said wires shall be under the supervision of the officer in charge of said park or reservation. Sec. 9. Licenses to peddlers, etc. That the Commissioners of the District of Columbia are hereby authorized to grant, subject to approval of said committee and under such conditions as they may impose, special licenses to peddlers, merchants, and vendors to sell goods, wares, and merchandise on the streets, avenues, and sidewalks in the District of Columbia during said session, and to charge for such privileges such fees as they may deem proper. Sec. 10. Overhead wires. That the Commissioners of the District of Columbia are hereby authorized to permit the telegraph and telephone companies to extend overhead wires to such points as shall be deemed necessary by the said committee, the said wires to be taken down within ten days after the conclusion of the session. Sec. 11. Use of unoccupied public buildings. That the Secretary of the Interior and the Secretary of the Treasury are hereby authorized to assign to said committee for use and occupancy during said session such unoccupied public buildings or portions thereof in the District of Columbia as, in its *Provisos*.Surrender of, after session closes.Bond.discretion, may appear advisable: *Provided*, That any and all buildings so assigned shall be surrendered within ten days after the close of the said session: *Provided further*, That the said committee shall furnish a bond or other satisfactory assurance of indemnity against damage to said property while in its possession, incidental wear and tear excepted. Approved, February 28, 1935. To extend the times for commencing and completing the construction of a bridge across the Ohio River between Rockport, Indiana, and Owensboro, Kentucky. 1935-03-02 20 Chapter 49 Stat. 36 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 20.] AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River between Rockport, Indiana, and Owensboro, Kentucky. March 2, 1935.[[H. R. 3982](/us/bill/74/hr/3982).][

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