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52 Stat. L. 1020.

Chairmen to designate members.

Through service and joint rates, air and other carriers.

Classifications.

Divisions.

Rates shown in tariffs filed.

200

CIVIL AERONAUTICS ACT OF 1938

The following is contained in Civil Aeronautics Act of 1938, approved June 23, 1938:

JOINT BOARDS

DESIGNATION OF BOARDS

SEC. 1003. [U. S. Code, Sup. V, title 49, sec. 643.] (a) The [Civil Aeronautics] Authority and the Interstate Commerce Commission shall direct their respective chairmen to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection (c) of this section.

THROUGH SERVICE AND JOINT RATES

(b) Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers. In case of through service by air carriers and common carriers subject to the Interstate Commerce Act or the Motor Carrier Act, 1935, it shall be the duty of the carriers parties thereto to establish just and reasonable joint rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such joint rates, fares, or charges, or the value of the service thereunder, and just, reasonable, and equitable divisions of such joint rates, fares, or charges as between the carriers participating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act or the Motor Carrier Act, 1935, which is participating in such through service and joint rates, fares, or charges, shall include in its tariffs, filed with the Authority or the Interstate Commerce Commission, as the case may be, a statement showing such through service and joint rates, fares, or charges.

NOTE.-Transfer of functions of Civil Aeronautics Authority to the Department of Commerce, and consolidation of functions of Air Safety Board therewith, to be known as Civil Aeronautics

Sec. 1003

Board, effected by Reorganization Plan No. IV of the President, April 11, 1940, effective June 30, 1940, Public Resolution No. 75, 76th Congress, approved, June 4, 1940.

JURISDICTION OF BOARDS

plaints to joint

board

(c) Matters relating to such through service and joint rates, fares, or charges may be referred by the Authority or the Interstate Commerce Commission, upon complaint Reference of comor upon its own initiative, to a joint board created as provided in subsection (a). Complaints may be made to the Interstate Commerce Commission or the Authority with ated by Authority respect to any matter which may be referred to a joint board under this subsection.

POWER OF BOARDS

-matters initi

or Commission.

Finding of undiscrimination,

reasonableness

or prejudice.

(d) With respect to matters referred to any joint board as provided in subsection (c), if such board finds, after notice and hearing, that any such joint rate, fare, or Notice; hearing. charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the Action taken by same action with respect thereto as the Authority is empowered to take with respect to any joint rate, fare, or charge, between air carriers, or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder.

JUDICIAL ENFORCEMENT AND REVIEW

joint board.

(e) Orders of the joint boards shall be enforceable and reviewable as provided in this Act with respect to orders Enforcement, reof the Authority.

view of orders.

27 Stat. L. 443.

Immunity.

Perjury may be punished.

202

COMPULSORY TESTIMONY ACT:

IMMUNITY OF WITNESSES

The following are the provisions of "An Act in relation to testimony before the Interstate Commerce Commission, and in cases or proceedings under or connected with an Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, and amendments thereto," approved February 11, 1893, commonly known as the Compulsory Testimony Act:

[U. S. Code, title 49, sec. 46.] That no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the act of Congress, entitled, "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the subpœna or lawful requirement of the Commission shall be

guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment.

NOTE.-The legislative, executive, and judicial appropriation act for the fiscal year 1904, approved Feb. 25, 1903, provided: "No person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said Acts: Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying." (U. S. Code, title 49, sec. 47.)

Under the provisions of an act defining the right of immunity of witnesses, etc., approved June 30, 1906, 34 Stat. L. 798, U. S. Code, title 49, sec. 48, "under the immunity provisions in the Act * approved February eleventh, eighteen hundred and ninety-three [the Compulsory Testimony Act, supra, this compilation], * * * and in the Act *

*

approved Febru[the Elkins Act, approved

*

ary nineteenth, nineteen hundred and three
supra, this compilation], and in the Act
February twenty-fifth, nineteen hundred and three [set out above
in this note], immunity shall extend only to a natural person
who, in obedience to a subpoena, gives testimony under oath or
produces evidence, documentary or otherwise, under oath."

Penalty.

54 Stat. L. 952. U. S. Code, title 49, note preceding sec. 1.

Board of inves-
tigation and
rescarch.

Appointment.
Qualification.

Officers.

Quorum.

Vacancies.

Compensation.

204

TRANSPORTATION ACT OF 1940

NOTE. The provisions of titles I and II of the Transportation Act of 1940, entitled "An Act to amend the Act to regulate commerce," approved February 4, 1887, as amended, so as to provide for the unified regulation of carriers by railroad, motor vehicle, and water, and for other purposes, approved September 18, 1940, have been carried into the text or accompanying notes of the Interstate Commerce Act, ante. Title III-Miscellaneous, contains certain references to the Interstate Commerce Act. Part I, Investigation of Various Modes of Transportation [U. S. Code, title 49, note preceding sec. 1], and part II, Rates on Government Traffic, of that title [U. S. Code, title 49, secs. 66 and 67], are set out below. Part III, amendments to [sections 3 and 5 of] the Reconstruction Finance Corporation Act, is omitted from this compilation. See U. S. Code, title 15, sec. 605, third paragraph, and sec. 605 m, for text of these omitted provisions as amended.

TITLE III-MISCELLANEOUS

PART I-INVESTIGATION OF VARIOUS MODES OF
TRANSPORTATION

SEC. 301. There is hereby established a board of investigation and research (hereinafter referred to as the "Board") to be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, for the period of the existence of the Board as hereinafter provided. Not more than two members of said Board shall be members of the same political party. The President shall designate the member to act as Chairman of the Board and the Board may elect another of its members as Vice Chairman, who shall act as Chairman in the case of absence or incapacity of the Chairman. A majority of the Board shall constitute a quorum and the powers conferred upon the Board by this section may be exercised by a majority vote of its members. A vacancy on the Board shall not affect the powers of the remaining members to execute the functions of the Board, and shall be filled in the same manner as the original selection. The members of the Board shall receive compensation at the rate of $10,000 per annum, and in addition shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in

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