Page:United States Statutes at Large Volume 37 Part 1.djvu/726

SIXTY-SECOND CONGRESS. Sess. III. Ch. 92. 1913. 703 give notice b letter to the said carrier the Attorne General of the gmted States, the governor of an State in whildh the property so valued is located, and to such adehtional parties as the commission may prescribe, stating the valuation placed upon the several classes of property of said carrier, and shall allow thirty days m which to file scp;-otest of the same with the commission. If no uglglfig if ¤¤ PW pSro(:.pstii1gsdfi"lts’dt]1v16rwf thirty days, said valuation shall become final "If notice of protest is filed the commission shall fix a time for "¤•"'*¢'°'P*°*••°•· hearing the same, and shall pi-oeeedasprom tl mma betohear ` and consider any matter relative and thereto which may be presented m support of anfv such protest so filed as aforesaid. If °'“‘“’*°‘· after heanngisani protest o such tentative valuation under the provisions of ct the commission shall be of the 0 inion that its valuation should not become final, it shall make such asxanges as may be necessary, and shall issue an order making such wrrected tentative valuation Enal as of the date thereof. All final valuations by ,,,E,°°};’,§ "§•’,..,',,'·',°‘. the commission and the classification thereof shall be published an ¤*¤¤· shall be prima facie evidence of the value of the property in all proceedmgs under the_Act to regulate commerce as of the date of the tixmithereof, and m all judicial proceedings for the enforcement of the ct approved February fourth, eighteen hundred and eight - "°L "·.l’·’”- seven, commonly known as "the Act to regulate commerce," an the various Acts amendatory thereof and m all judicial proceedings l:s·l<%;1(gl1(sm·to0s131¢;mIhs;;sz;geé°mnul, or (souspend, in whole or in part, mmerce mmission. u n the trial of any action involving a final value iixed b the MEM, M ·*¤¤¤= commisgion, evidence shall be introduced regarding such value ghich dmumizuugi _ °° is foimd by the courtto be diferent from that ofered upon the hear- § before the commission, or additional therete and substantially ecting said value, the court, before proceeding to render judgment shall transmit a cop of such evidence to the commission, an shall “’ sta further proceeihngs in said action for such time as the court shall determine from the date of such transmission. Upon the ,,§§“°° °‘ °°“""‘ receipt of such evidence the commission shall consider the same and ma fix a final value different from the one fixed in the first instance, and, may alter, modify, amend or rescind any order which it has made involving said final value, and shall report its action thereon to said court within the time fixed by the court. If the commission shall ,,§',2f“"°""°“ "‘ alter, modifyfor amend its or er, such altered modified, or amended order shall take the place of the original order complained of and judgment shall be rendered thereon as thoxh made by the commis- mdnm on mn sion in the nist instance. If the original o er shall not be rescmded nn order u not or by the commission, judgment shall be rendered upon such °"‘“'°"· o n o er. rlglfhe provisions of this section shall apply te receivers of carriers ¤¤i°i°il?°m°'°r°°°"` and operating trustees. In case of failure or refusal on the part of ,,,{’f},';,"§,§“,,§“,‘;'g,?°_,;'; apyéhsarrier, receiger, cz; trustee to compatsvilsh tsl] the requirement; meme o 's section an in e manner rescribe commission suc carrier, receiver, or trustee shall fdjrfeit to the {lnited States the sum of Eve hundred dollars for each such offense and for each and every day of the continuance of such offense, such forfeitures to recoverable in the same manner as other forfeitures provided for m section sixteen of the Act_to regulate commerce. _ _ _ Juwcmu 0, M "Tl1at the district courts of the United States shall have jurisdic- Utcteourutoeompel tion, upon the application of the Attorrtsgy General of the United °°¤‘P“*¤°* States at the request of the commission, a failure to comply with or a violation of any of the provisions o this section by any common carrier, to issue a writ or write of mandamus commanding such common carrier te comply with the provisions of this section. Approved. March 1, 1913.