Public Law 74–597

That hereafter tolls for passage or transit over any bridge over any of the navigable waters of the United States, if such bridge is used for purposes of travel or transportation in interstate or foreign commerce, shall

Not applicable to bridges subject to Act of 1906.

Vol. 34, p. 84; U. S. C., p. 1474.

Built by State authority on intrastate streams.

be just and reasonable; but the provisions of this Act shall not apply to any bridge subject to the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, as amended, nor to any bridge built under the authority of the legislature of the State across rivers or other waterways the navigable portions of which lie wholly within

Tolls prescribed by contract.

the limits of a single State, nor to any bridge on which the tolls are prescribed by a contract entered into by or with any State or political subdivision thereof, or any municipality.

Sec. 2.

The Secretary of War is authorized, either upon complaint

Secretary of War to investigate complaints.

or upon his own initiative, to conduct an inquiry at any time for the purpose of determining whether any toll charged for passage or transit over any bridge to which this Act applies is in violation of the provisions of section 1, and if he finds, after full opportunity for hearing, that such toll is in violation of such provisions he is authorized and empowered to determine and by

Authority to prescribe reasonable toll.

order to prescribe what will be the just and reasonable toll to be thereafter charged, and after such order takes effect it shall be unlawful to collect a toll for such passage or transit in excess of that so

Effective date of order.

prescribed. Any such order shall take effect upon the expiration of thirty days after its issuance.

Sec. 3.

Any order issued under section 2 may be reviewed by the

Appeals; review of order.

Court of Appeals of the District of Columbia, or 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

Petition.

within three months after the date such order was issued. The judgment

Judgment final; review by Supreme Court.

Vol. 36, p. 1157; Vol. 43, p. 938.

U. S. C., p. 1272.

Jurisdiction of courts.

of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari, in the manner provided in section 240 of the Judicial Code, as amended. The review by such courts shall be limited to questions of law, and the findings of fact by the Secretary of War, if supported by substantial evidence, shall be conclusive. Upon such review, such courts shall have power to affirm or, if the order its ¹¹ So in original. not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require.

Sec. 4.

In the execution of his functions under this Act the Secretary

Hearings.

of War, or any officer or employee designated by him, is authorized to hold hearings, examine witnesses, and receive evidence at any place designated by him, and to administer oaths and affirmations,

Attendance of witnesses, etc.

and require by subpena the attendance and testimony of witnesses and the production of books, papers, and documents from any place in the United States. In any case ¹¹ So in original. disobedience to any such subpena the Secretary of War may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents. No person

Evidence.

shall be excused from attending and testifying or from producing books, papers, and documents in any inquiry under this Act, or in obedience to any such subpena, or in any cause or proceeding, criminal or otherwise, based upon or arising under this Act, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Any person who

Witness refusing to testify.

shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or documents, if in his power to do so, in obedience to a subpena or lawful requirement under this Act, shall, upon conviction thereof, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

Sec. 5.

In any case where there is in effect a toll prescribed by an order issued under section 2, for passage or transit over any bridge to which this Act applies, any person who demands or collects a toll for such passage or transit in excess of that so prescribed shall, upon conviction thereof, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.