« PředchozíPokračovat »
also, to carry the supplies necessary to maintain said employees and the other property of the United States actually used on said railroad in said work of valuation. The service above required shall be regarded as a special service and shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission and as will insure an accurate record and account of the service rendered by the railroad, and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission.
Amendment of Aug. 1, 1914 to act March 1, 1913, Section 8591a United States Compiled Statutes, 38 Stat. 627.
§ 432. Annual Reports Required and What They Shall Contain. Penalties for Failure to Make. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, and from the owners of all railroads engaged in interstate commerce as defined in this act, to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class ; [the accidents to passengers, employees, and other persons, and the causes thereof); the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operation of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to rates
regulations concerning fares freight agreements, arrangements, or contracts affecting the same as the Commission may require; and the Commission may, in its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.
Said detailed reports shall contain all the required statistics for the period of twelve months ending on the thirtieth day of June in each year, or on the thirty-first day of December in each year if the Commission by order substitute that period for the year ending June thirtieth, and shall be made out under oath and filed with the Commission at its office in Washington within three months after the close of the year for which the report is made, (on or before the thirtieth day of September then next following), unless additional time be granted in any case by the Commission; and if any carrier, person, or corporation subject to the provisions of this act shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission, for making and filing the same or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such party shall forfeit to the United States the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto. The Cominission shall also have authority by general or special orders to require said carriers, or any of them, to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matters about which the Commission is authorized or quired by this or any other law to inquire or to keep itself informed or which it is required to enforce; and such periodi. cal or special reports shall be under oath whenever the Commission so requires; and if asy such carrier shall fail to make and file any such periodical or special report within the time fixed by the Commission, it shall be subject to the forfeitures last above provided.
Said forfeiture shall be recovered in the manner provided for the recovery of forfeitures under the provisions of this Act.
The oath required by this section may be taken before any person authorized to administer an oath by the laws of the State in which the same is taken.
Paragraph 1 to 4 of Section 20 as amended by Act June 18, 1910. The words added by the amendment are italicized. The Act June 29, 1906 required an annual report to be made “not later than the 30th day of September.” The words enclosed in brackets in this Section were in the Act of 1906 but repealed by Act 1910.
The original law read:
“That the Commission is hereby authorized to require annual reports from all commen carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such repcrts shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid. the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises and equipment; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freight, or agreements, arrangements, or contracts with other common carriers, as the Commission may require; and the said Commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the Commission it is practicable to prescribe such uniformity and methods of keeping accounts), a period of time within which
all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.”
The Commission formerly required an apportionment of expenses between freight and passenger business, this being found to be arbitrary and valueless was discontinued. Con. solidated Forwarding Co. v. So. Ry. Co., 10 I. C. C. 590, 600. The old law did not apply to a carrier doing purely intrastate business. Int. Com. Com. v. Bellaire, Z. & C. Ry. Co., 77 Fed. 942: United States v. Chicago, K & S. R. Co., 81 Fed. 783. But does apply when the state carrier joins in a through rate of charges. United States ex. rel. Int. Com. Com. v. Seaboard Ry. Co., 82 Fed. 563, but mandamus should not issue to compel a report by an officer who has resigned. Same case, 85 Fed. 955. Act applies when state carrier engages in transporting interstate commerce, even though not through bill of lading and charging its full locaļ charges. United States v. Colorado & N. W. R. Co., 157 Fed. 321, 342, 85 C. C. A. 27. Language from this section quoted as showing the scope of the Commission's power to make investigations. Int. Com. Com. v. Harriman, 157 Fed. 432, 438. Reversed. Harriman v. Int. Com. Com., 211 U. S. 407, 53 L. Ed. 253, 29 Sup. Ct. 115. Federal courts prior to June 29, 1906, had no jurisdiction by original proceeding in mandamus to compel filing of reports. United States v. Lake S. & M. S. Ry. Co., 197 U. S. 536, 49 L. Ed. 870, 25 Sup. Ct. 538. States may require reports not inconsistent with act of Congress. People v. Chicago, I. & L. Ry. Co., 223 Ill. 581, 79 N. E. 144.
Notes of Decisions Rendered Since 1909.
Regulations prescribed relating to separation of operating expenses. Re Separation of Operating Expenses, 30 1. C. C. 676. Power of the Commission stated as to hours of service of employees. B. & 0. R. Co. v. Int. Com. Com., 221 U. S. 612, 55 L. Ed. 878, 31 Sup. Ct. 621. As to Water Carriers. Int. Com. Com. v. Goodrich Transit Co., 224 U. S. 194, 56 L. Ed. 729, 32 Sup. Ct. 436; The statute held valid and the powers of the Commission discussed. Kansas City So. Ry. Co. v. United States, 231 U. S. 423, 58 L. Ed. 296, 34 Sup. Ct. 125. Affirming, same styled case, 204 Fed. 641, Opin. Com. Ct. No. 56, p. 641.
Notes of Decisions Rendered Since 1915.
An honest mistake will not subject a carrier to the penalty. United States v. N. P. Ry. Co., 242 U. S. 190, 61 L. Ed. 240, 37 Sup. Ct. 22. Section discussed. Smith v. Int. Com. Com., 245 U. S. 33, 62 L. Ed. 135, 37 Sup. Ct. 30.
§ 433. Commission May Prescribe Form of Keeping ACcounts and Inspect Same.—The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to the provisions of this Act, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of moneys. The Commission shall, as soon as practicable, prescribe, for carriers subject to this Act, the classes of property for which depreciation charges may properly be included under operating expenses, and the percentages of depreciation which shall be charged with respect to each of such classes of property, classifying the car
it inay deem proper for this purpose. The Commission may, when it deems necessary, modify the classes and percentages so prescribed. The carrier subject to this Act shall not charge to operating expenses any depreciation charges on classes of property other than those prescribed by the Cominission, or charge with respect to any class of property a percentage of depreciation other than that prescribed therefor by the Commission. No such carrier saall in any case include in any form under its operating or other expenses any depreciation or other charges or expenditure included elsewhere as a depreciation charge or otherwise under its operating or other expenses. The Commission shall at all times have access to all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept by carriers subject to this Act, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto, and it shall be unlawful for such carriers to keep any other accounts, records, or