Sec. 201 requirement shall be mandatory as to any agency proceeding initiated prior to the effective date of such requirement. AGRICULTURAL ADJUSTMENT ACT OF 1938 Title 7.-Chapter 35, U. S. Code ADJUSTMENTS IN FREIGHT RATES FOR FARM PRODUCTS 52 Stat. 36. Secretary authorized complaint to to make Commission. SEC. 201. [Feb. 16, 1938.] [7 U'. S. C. § 1291.] (a) The Secretary of Agriculture is authorized to make complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Commission. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Commission shall cause the Secretary to be notified, be heard. and, upon application by the Secretary, shall permit the Secretary to appear and be heard. (b) If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Commission shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Commission and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Commission's determination. The liability of the Secretary in any such case shall extend only to liability for court costs. (c) For the purposes of this section, the Interstate Commerce Commission is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture. Notice to complaint. Secretary of Secretary to Secretary made a party: ing appeal. rights, includ Court costs. Records, services, associations of farmers to be assisted. (d) The Secretary is authorized to cooperate with and Cooperative assist cooperative associations of farmers making complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs, and practices relating to the transportation of farm products. Secs. 203-405-406 60 Stat. 1087. Improving transportation services, facilities. Rates. supplies. AGRICULTURAL MARKETING ACT Title 7.-Chapter 38, U. S. Code SEC. 203. [August 14, 1946.] [7 U. S. C. § 1622 (j).] The Secretary of Agriculture is directed and authorized: (j) To assist in improving transportation services and facilities and in obtaining equitable and reasonable transportation rates and services and adequate transportation Farm products, facilities for agricultural products and farm supplies by making complaint or petition to the Interstate Commerce Commission, the Maritime Commission, the Civil Aeronautics Board, or other Federal or State transportation regulatory body with respect to rates, charges, tariffs, practices, and services, or by working directly with individual carriers or groups of carriers. Working directly with carriers. 42 Stat. 168. Interstate Commerce Act not affected. 42 Stat. 169. NOTE.-Agricultural products, not processed or manufactured, exempt from regulation: part II, § 203 (b4a), and clause (5), the latter covering motor vehicles controlled and operated by cooperative associations, and clause (6), livestock, fish, or agricultural commodities in vehicles not used in carrying nonexempt commodities; part IV, § 402 (b). PACKERS AND STOCKYARDS ACT, 1921 SEC. 405. [August 15, 1921.] [7 U. S. C. §225.] Nothing contained in this Act, except as otherwise provided herein, shall be construed (a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July 2, 1890, the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, or the Interstate Commerce Act as amended, * (b) To alter, modify, or repeal such Acts or any part or parts thereof, or * * SEC. 406. [7 U. S. C. § 226.] (a) Nothing in this Act shall affect the power or jurisdiction of the Interstate Commerce Commission, nor confer upon the Secretary concurrent power or jurisdiction over any matter within the power or jurisdiction of such Commission. NOTE-By § 2 of the act of Sept. 2, 1958, 72 Stat. 1750, amending the Packers and Stockyards Act, 1921, the last sentence of § 302 (a) of that act is stricken out: Provided, however, That nothing herein shall be deemed a definition of the term "public stockyards" as used in section 15 (5) of the Interstate Commerce Act. BANKRUPTCY ACT Title 11.-Chapter 8, U. S. Code Sec. 77 [By Act of December 20, 1950, it is provided: That the Act 64 Stat. 1113. entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, is amended by inserting immediately after the enacting clause a new sentence as follows: "That this Act may be cited as the 'Bankruptcy Act.'"] 47 Stat. 1474. 49 Stat. 911, 1969. 53 Stat. 1406. 65 Stat. 600. 72 Stat. 984. Insolvency: ganize. 72 Stat. 1857. Cesire to reor Filing petition mission. copy to Com SEC. 77. REORGANIZATION OF RAILROADS ENGAGED IN INTERSTATE COMMERCE. [March 3, 1933, August 27, 1935, June 26, 1936, August 11, 1939, December 20, 1950, October 24, 1951, July 11, 1958, August 28, 1958.] [11 U.S. C. $ 205.] (a) Any railroad corporation may file a petition stating that it is insolvent or unable to meet its debts as they mature and that it desires to effect a plan of reorganization. The petition shall be filed with the court in whose territorial jurisdiction such corporation, during the preceding six months or the greater portion thereof, has had its principal executive or operating office and a copy of the petition shall at the same time be filed with the Interstate Commerce Commission (hereinafter called the "Commission"): Provided, That when any railroad, although engaged in interstate commerce, lies wholly within one State, such proceedings shall be brought in the Federal district court of the district in which its principal operating office in such State during the preceding six months or the greater portion thereof has been located. The petition shall be accompanied by payment to the clerk of a filing fee of $100, which shall be in addi- Filing fee. tion to the fees required to be collected by the clerk under other sections of this Act. Upon the filing of such a petition, the judge shall enter an order either approving it as properly filed under this section, if satisfied that such petition complies with this section and has been filed in good faith, or dismissing it, if he is not so satisfied. If the petition is so approved, the court in which such order is entered shall, during the pendency of the proceedings when railone State; 'road within venue. Approval or disapproval of petition. 488902 O-59-21 Sec. 77 Exclusive juris under this section and for the purposes thereof, have ex diction of court when petition approved. Process runs to any judicial district. -rules as to service. "Debtor" defined. Filing of petition by railroad when majority of stock owned by debtor. clusive jurisdiction of the debtor and its property wherever located, and shall have and may exercise in addition to the powers conferred by this section all the powers, not inconsistent with this section, which a Federal court would have had if it had appointed a receiver in equity of the property of the debtor for any purpose. Process of the court shall extend to and be valid when served in any judicial district. The Supreme Court of the United States shall promulgate rules relating to the service of process outside of the district in which the proceeding is pending, and any other rules which it may deem advisable in order to aid district courts and circuit courts of appeal in exercising the jurisdiction herein conferred upon them. The railroad corporation shall be referred to in the proceedings as a "debtor." Any railroad corporation the majority of the capital stock of which having power to vote for the election of directors is owned, either directly or indirectly through an intervening medium, by any railroad corporation filing a petition as a debtor may file, with the court in which such other debtor has filed such a petition, and in the same proceeding, a petition, a copy of which shall also be filed at the same time with the Commission, stating that it is insolvent or unable to meet its debts as they mature, and that it desires to effect a reorganization in connection with, or as a part of the plan of reorganization of such other debtor; and upon the filing of such petition, the judge shall enter an order either approving it as properly filed under this section, if satisfied that such petition complies with this section and has been filed in good faith, or dismissing it if not so satisfied, and thereupon Procedure upon such court, if it approves such petition, shall have the same jurisdiction with respect to such debtor, its property and its creditors and stockholders, as the court has with respect to such other debtor. Creditors of any railroad corporation, having claims aggregating not less than 5 per centum of all the indebtedness of such corporation as shown in the latest annual report which it has filed with the Commission at the time when the petition is filed, may, if such corporation has not filed a petition under this section, file with the court in which such corporation might file a petition under this section, a petition stating that such corporation is insolvent or unable to meet its debts as they mature and that such creditors have claims aggregating not less than 5 per petition of owned railroad. Filing by creditors. Sec. 77 service. corporation. Approval or dismissal by centum of all such indebtedness of such corporation and propose that it shall effect a reorganization; copies of coples, such petition shall be filed at the same time with the Commission and served upon such corporation. Such corporation shall, within ten days after such service, answer by answer such petition. If such answer shall admit the jurisdiction of the court and the material allegations of court. the petition, the judge shall enter an order approving the petition as properly filed if satisfied that it complies with this section and has been filed in good faith, or dismissing it, if not so satisfied. If such answer shall deny either the jurisdiction of the court or any material allegation of the petition the judge shall summarily determine the issues presented by the pleadings without the Trial of issues. intervention of a jury and if he shall find that the material allegations are sustained by the proofs and that the petition complies with this section and has been filed in good faith, the judge shall enter an order approving the petition; otherwise he shall dismiss the petition. If any such petition shall be so approved, the proceedings Proceedings. thereon shall continue with like effect as if the railroad corporation had itself filed a petition under this section. In case any petition shall be dismissed, neither the petition nor the answer of a debtor shall constitute an act of shall not conbankruptcy or an admission of insolvency or of inability to meet maturing obligations or be admissible in evidence, without the debtor's consent, in any proceedings then or thereafter pending or commenced under this Act or in any State or Federal court. If, in any case in which Undetermined the issues have not already been tried under the provisions of this subdivision, any of the creditors shall, prior to the hearing provided for in paragraph (1) of subsection (c) of this section, appear and controvert the facts alleged in the petition, the judge shall determine, as soon as may be, the issues presented by the pleadings, without the intervention of a jury, and, unless the material allegations of the petition are sustained by the proofs, shall dismiss the petition. Dismissal of petition. stitute act of bankruptcy or admission. issues. plan includes (b) A plan of reorganization within the meaning of Reorganization this section (1) shall include provisions modifying or altering the rights of creditors generally, or of any class ring of them, secured or unsecured, either through the issuance of new securities of any character or otherwise; -altering creditors. |