of the provisions of this Act or the order or direction of the Secretary made in pursuance thereof, may be enforced by injunction, mandamus, or other summary process upon application to the district court of the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may beinstituted under the direction of the Attorney General of the United States at the request of the Secretary; and in case of any litigation arising under this Act, or under any order of the Secretary made in pursuance thereof, the cause or question arising may be tried before the district court of the United States. in any district which any portion of said bridge touches. REVIEW OF FINDINGS AND ORDERS SEC. 610. Any finding or order made or isued under this Act may be reviewed by the circuit court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon ceriorari, in the manner provided in section 347 of title 28 of the United States Code. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reversethe order, with or without remanding the case for a rehearing as justice may require. Pending the final determination of any such court review no liability for penalties under section 609 of this Act shall be incurred and the powers thereby conferred upon the Secretary to remove or cause the removal of bridges shall be stayed. CONGRESSIONAL APPROVAL UNNECESSARY SEC. 611. No approval or authorization by Act of Congress under the Act of March 3, 1889 (ch. 425, 30 Stat. 1151), shall be required to authorize any construction, reconstruction, or alteration of any bridge as required by any order of the Secretary pursuant to this Act. SEC. 612. The provisions of this Act shall apply to all bridges, the construction, reconstruction, or alteration of which had not begun before January 1, 1939, notwithstanding any prior order of the Secretary authorizing or requiring any such construction, reconstruction, or alteration, and compliance with the terms of this Act shall be compliance with any such authorization or requirement of the Secretary under prior laws hereby repealed. REPEAL SEC. 613. Section 4 of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906 (34 Stat. 85, sec. 4; 33 U. S. C. 494), and section 18 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," approved March 3, 1899 (30 Stat. 1153, sec. 18; 33 U. S. C. 502), insofar as inconsistent with the provisions of this Act, and all other laws or parts of laws inconsistent with any of the provisions of this Act, are hereby repealed. TITLE VII-AMENDMENTS OF RECONSTRUCTION FINANCE SEC. 701. (a) That portion of the third sentence of the third paragraph of section 5 of the Reconstruction Finance Corporation Act, as amended (U. S. C., 1934 edition, Supp. III, title 15, sec. 605), which precedes the last proviso in such sentence is amended to read as follows: "Within the foregoing limitations of this section, the Corporation, notwithstanding any limitation of law as to maturity, with the approval of the Interstate Commerce Commission, including approval of the price to be paid, may, to aid in the financing, reorganization, consolidation, maintenance, or construction thereof, purchase for itself, or for account of a railroad obligated thereon, the obligations of railroads engaged in interstate commerce, or guarantee the payment of the principal of, and/or interest on, such obligations, or, when in the opinion of the Corporation, funds are not available on reasonable terms through private channels, make loans to such railroads or to receivers or trustees thereof for the purpose aforesaid: Provided, That in every case of such a loan, or purchase or guaranty of obligation, the Interstate Commerce Commission and the Corporation shall, in connection with the approval and/or authorization thereof, find that the prospective earning power of such railroad, together with the character and value of the security offered, furnish, in the opinion of the Interstate Commerce Commission and the Corporation, respectively, reasonable assurance of the retirement or repayment of such loan or obligation, and reasonable protection to the Corporation :". (b) The Reconstruction Finance Corporation Act (U. S. C., 1934 edition, title 15, ch. 14; Supp. III, title 15, ch. 14) is amended by adding two new sections after section 5e to read as follows: "SEC. 5f. To provide for the public safety, to preserve transportation facilities, and to encourage the employment of labor, the Corporation, notwithstanding any other provision of law, may, with the approval of the Interstate Commerce Commission and subject to the provisions hereof on such terms, conditions, and restrictions as the Corporation may determine (1) make loans to railroads engaged in interstate commerce, or to receivers or trustees thereof, to aid in financing track and equipment maintenance and replacements, (2) purchase the obligations of such railroads, or of receivers or trustees thereof, or guarantee the payment of the principal of and/or interest on such obligations to aid in such financing: Provided, That in the case of each loan made under this section the railroad shall agree that the proceeds of the loan shall be used for the employment of employees who have been furloughed or separated from employment or given partial employment, and for the purchase of, or in reimbursement of the purchase of, materials to be used for the track and equipment maintenance and replacements in connection with which such employees will be employed, provided further that the railroad shall agree that the employment herein provided for shall be at the wage rates and in accordance with the working conditions covered by agreements between the employees and the carriers prevailing at the time the loan is disbursed by the railroad. Any such railroad, or receiver or trustee thereof, may become obligated in such form as shall be prescribed by the Corporation, and may otherwise comply with the requirements of the Corporation, with respect to the deposit or assignment of security hereunder, without the authorization or approval of any authority, State or Federal, and without compliance with any requirement, State or Federal, as to notification, other than such as may be imposed by the Interstate Commerce Commission and the Corporation under the provisions of this section: Provided further. That agreements entered into under this section shall provide that during such period as the railroads or trustees or receivers thereof shall make no expenditures for the payment of dividends on stock nor interest on obligations, where the payment of such interest is contingent upon earnings, no payment shall be required upon the principal obligations incurred uder this section, nor shall the railroads or trustees or receivers thereof be required during such period to furnish security for such obligations over and beyond the promise to pay as provided in the agreement and such liens as may arise by operation of law. "SEC. 5g. For the purpose of enabling railroads to discharge their duty to the public more efficiently, notwithstanding any other provision of law, the Corporation may, with the approval of the Interstate Commerce Commission, make loans to railroads engaged in interstate commerce or to trustees or receivers thereof to enable them to construct or acquire new equipment and the loans so provided for shall cover the entire cost of such new equipment and be secured by the issuance of trust certificates or other appropriate evidences of obligation without other security. Such loans shall be at a rate of interest not in excess of 2 per centum per annum, payable semiannually through the life of the loan, and the agreement for such loans shall provide that payments on the principal shall be optional with the borrower within the first five years of the life of the said loans and that after the period of five years, such parts of the principal as remain unpaid shall be paid in equal semiannual installments over a period of not more than ten years from and after the expiration of said five-year period." TITLE VIII-CITATION OF THIS ACT This Act may be cited as the "Transportation Act, 1939". INDEX Eastman.. Gorrell Abandonments: Fletcher_ Harrison. Jones_ McGrath... Splawn. Adjustment board decisions, court review of (Bell). Agricultu e, interest of, in transportation (Brenckman). Air carriers, regulation of: Air transportation (Gray) Page 348 222 1777, 1781 1293, 1297 59 1392 997 1559 1483, 1491-1494 154 Airway carriers, subsidized competitors (Shatford). 552 Ames, Harry C., representative, Mississippi Valley Barge Line Co. and New England Governors' Freight Rate Conference.... 885-889, 1178-1187 Testimony relative to Flood control. 1180 Interstate Commerce Commission, views of practitioners before. 1184 Ashburn, Thomas Quinn, president and chairman of board, Inland Water- 1220, 1221, 1231, 1235, 1237, 1238, 1239, 1242, 1249, 1278 Legislation, proposed, effect on development of water transporta- Bartley, Guy, secretary-treasurer, Inland Waterways Corporation and Warrior River Terminal Co. (See Ashburn) 1219, 1252-1259 Page Bayless, Herman A., counsel, Mississippi River System Carriers' Associa- 1092-1105 Beall, J. Ninian, counsel for the American Trucking Associations, Inc. 417-493 Testimony relative to- Cummins amendment. 480 Motor Carrier Act, 1935, amendment to 471, 480, 483 Motor carriers, temporary permits for interstate operations___ 427 National Recovery Administration code for motor-transportation industry. 421 Beaver-Mahoning Canal (Fletcher) 630 Bee, C. B., Corporation Commission of the State of Oklahoma. 820-829 Testimony relative to- Costs, transportation_ 827 Rates 820-822, 824-829 Bell, Marcus L., general counsel, Chicago, Rock Island & Pacific Rail- Benton, John E., general solicitor, National Association of Railroad and 1901 Bills pending: Page 843 849 Bowen, Ivan, attorney for the National Association of Motor Bus Oper- 830, 831, 833, 840 1405-1443 1420 1411 1406 1413 1420 1420 1420 1418 : 1417 1413 997-1003 997 1000 1000 998 1001 999 1000 Brent, Theodore, president, Coast Transportation Co_1219, 1270-1272, 1333-1341 1337 1339 1336 1336 1338 1337 1334 1081 964 1453 1586 645 160 1144 1395-1403 Chaffee, L. D., general traffic manager, Inland Waterways Corp. and 1127 1219 |