Page:United States Statutes at Large Volume 49 Part 1.djvu/595

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74TH CONGRESS . SESS. I. CH. 498. AUGUST 9, 1935. Powers of joint "(e) So far as may be necessary for the purposes of this part, boards . the Commission and the members and examiners thereof and joint boards shall have the same power to administer oaths, and require by subpena the attendance and testimony of witnesses and the pro- duction of books, papers, tariffs, contracts, agreements, and docu- ments, and to t ake testimony b y deposition, r elating to any matter under investigation, as the Commission has in a matter arising under part I ; and any person subpenaed or testifying in connection with any matter under investigation under this part shalll have the same rights, pr ivileges, and i mmunities and b e subject to t he same duties, liabilities, and penalties as though such matter arose under part I, unless otherwise provided in this part . Notice in connection a (f) In accordance with rules prescribed by the Commission, rea- with proceedings . sonable notice shall be afforded, in connection with any proceeding under this part, to interested parties and to the board of any State, or to the governor if there be no board, in which the motor-carrier operations involved in the proceeding are or are proposed to be conducted, and opportunity for hearing and for intervention in connection with any such proceeding shall be afforded to all inter- ested parti es . Cooperation with

" State authorities . (g) The Commission is authorized to confer with or to hold joint hearings with any authorities of any State in connection with any matter aris ing in any proc eedings under t his part . Th e C om - mission is also authorized to avail itself of the cooperation, services, records, and facilities of such State authorities as fully as may be practicable, in the enforcement or administration of any provision spac e for use of na- of this art. From an space in the Interstate Commerce Commis- tional organization of

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y State commissions .

sion Building not required by the Commission, the Government authority controlling the allocation of space in public buildings shall assign for the use of the nati onal organizati on of the Stat e com- missions and of their representatives suitable office space and facili- Availability ties which shall be at all times available for the use of joint boards created under this part and for members and representatives of such boards cooperating with the Commission or with any other Federal commission or department under this or any other Act ; and if there be no such suitable space in the Interstate Commerce Commission Building, the same shall be assigned in some other building in con- venient proximity thereto . Appeals . "(h) Any final order made under this part shall be subject to the same right of relief in court by any party in interest as is now provided in respect to ord ers of the Comm ission made und er part I Negative order based Pro vid ed, That, where the Commission, in respect of any matter on su pposed lack of arising under this part, shall have issued a negative order solely power of Commission . because of a supposed lack of power, any such party in interest may file a bill of complaint with the appropriate District Court of the vol. 38, p. 212 . United States, convened under the Urgent Deficiency Appropria- tions Act, October 22, 1913, and such court, if it determines that the Commission has such power, may enforce by writ of mandatory Vol. 24, p. 285

u . S. injunction the Commission's taking of jurisdiction . C.,p.'

"(i) All the provisions of section 17 of part I shall apply to all proceedings under this part . "(j) No member or examiner of the Commission or member of a joint board shall hold a ny off icial relatio n to, or own any s ecurit ies of, or be in any manner pecuniarily interested in, any motor carrier or in anv carrier by railroad, water, or other form of transportation . Experts, examiners, "(k) The Commission is authorized to employ, and to fix the etc .

employment and compensation. compensation of, such experts, assistants, special agents, examiners, attorneys, and other employees as in its .judgment may be necessary or advisable for the convenience of the public and for the effective administration of this part.