Page:United States Statutes at Large Volume 40 Part 1.djvu/471

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SIXTY-FIFTH CONGRESS. Sess. II. Ch. 25. 1918- 453 of each carrier may be returned to it in substantially as good repair and in substantially as complete equipment as it was in at the beginning of Federal control, and also that the United States may, by 8d?§,$’§$,j°g§{'g‘j°°°* '°' deductions from the `ust compensations or by other proper means ' and charges, be reimbursed for the cost of any additions, re airs, renewals, and betterments to such property not justly chargeable to _ _ the United States; in making such accounting and a justments, due Bm °’°°°°“”“”€· consideration shall be given to the amounts expended or reserved by each carrier for maintenance, repairs, renewals, and depreciation during the three yea.rs ended Jime thirtieth, nineteen hundred and seventeen, to the condition of the property at the beginning and at the end of Federal control and to any other pertinent facts and circumstances. The President is further authorized in such agreement to make all other reasonable provisions, not inconsistent with the provisions of *>°v°,_3,, P 6,5 this Act or of the Act entitled "An Act ma propriations for ’ ` the support of the Army for the iiscal year en June thirtieth nineteen hundred and seventeen and for other purposes " approved August twenty-ninth, nineteen hundred and sixteen, that 0 may deem necessary or pro for such Federal control or for the determination of the mutudlciights and oblgations of the parties to the agreement arising from or out of such F eral control. If the President shall find that the condition of any carrier was ,,m°§"‘§,‘}““£ “$ during all or a substantial portion of the period of three years ended ¢¤¤¤¤v¤¤¤¤i¤¤¤¤¤¤· June thirtieth, nineteen hundred and seventeen, because of nonoperation, receivership, or where recent expenditures for additions or improvements or equipment were not in the operating railway income of said three ears or a su tantial portion thereof, or because of any imdevelopeci or abnormal eondrtions, so excep- _ tional as to make the basis of earnings hereinabove provided for

 inequitable as a fair measure of just compensation, then the

Pre-si ent may make with the carrier such agreement for such amount as just com nsation as under the circumstances of the particular case he shallwfind just. That every railroad not owned, controlled, or operated by another ,,,P’°,,,?,,°"’c,,°,,,,"‘,g‘;‘,_‘§ carrier compaliigoand which has heretofore competed for trafiic with gitgwwgssugéy ¤v¤‘ a ra1h·oad or r ads of which the President has taken the possession, Y ‘ use, and control, or which connects with such railroads and is engaged as a common carrier in general transportation, shall be held and considered as within "Federal control," as herein defined, and necessary for the prosecution of the war, and shall be entitled to mm. the benefit of all the provisions of this Act: Provided, however, That ,,f;§°;_§, nothing in this aragraph shall be construed as including any street or interurban eiizctric railwagf which has as its principal source of operating revenue urban, su urban, or interurban passenger traffic, or sale o power, heat and light, or both. The agreement shall also rovide that the carrier shall accept all tef,jg'*§§w§g,Qg$_gP:,;“ the terms and conditions of Act and any regulation or order made ' ` by or through the President under authority of this Act or of that por- V°1`3°’ P' °°5' tion of the Act entitled "An Act makingueppropriations for the support of the Army for the fiscal year en g June thirtieth, nineteen undred and seventeen, and for other purposes," approved August twentyninth, nineteen hundred and sixteen, which authorizes the President in time of war to take possession, assume control, and utilize systems of translportation. Sec. 2. That no such agreement is made, or pending the execution ,,g¢_,'§,%‘f §,f‘{"’,,§§d§f of 811 agreement, the President may nevertheless pay to any carrier swwhile under Federal control an annual amount, payable in reasonable installments, not exceeding ninety per centum of the estimated annual amount of just_ compensation, 1-emitting such carrier, in 0886 new mmm 0, where no agreement is made, to its legal rights for any balance uummiumed.