The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-09

tion OtneT IMAM the parties neretO.
th) The provisions OF this agreement
may be altered. amended or added to
by and only by mutual consent signified
by Instruments in writing signed by the
Director-General and by some officer of
the company thereto duly authorised by
the board Of directors of said company.
(c) Whenever in this agreement the
words Federal control" are used 10 indi-
cate period OF time they shall be I'M
derstood as meaning the period from IL
o'clock midnight of December 81, 1917,
to and including the day and hour on
which said control shall cease
(d) Wherever In this agreement the
words test period are used they shall
be understood as meaning the period
hetween July 1, 1914, ana June 80, 1917,
both inclusive.
(e) Wherever IN this agreement the
words standard return" are used they
shall be understood as meaning the av-
erage annual railway operating income
Of the company, computed In the manner
provided In Section of the Federal con-
troll act and ascertained and certified by
the commission.
(f) Wherever in this agreement the
words Director General" are used they
shall be understood as designating wall
lam q. McAdoo or such other person as
the President may from time to time
appoint TO exercise the powers conferred
on him by law with relation to Federal
control, and wherever by this agreement
cny notice is to be given by the Director
General the same shall be given in his
name by any subordinate thereto duly
authorized.
(g) Tho descriptive words at the
heads Of the several sections of this
agreement and the table of contents are
inserted for convenience merely and are
not to be used in the construction of the
agreement.
The following may be added as a part
OF paragraph tc) by any company de-
string to do SO:
and, in addition to the powers in this
agreement specifically given to tho com
mission. II is horeby further provided
that II in respect TO any question arising
under any provision Of This agreement
whether OF application. amounts. values.
payments, prices, costs. adjustments. ac-
counts or however otherwise arising
the parties after the matter has been
duly presented to tho Director-Gene
are unable to agree. the matter shall
then be referred. upon application either
OF the Director General or the company,
to the commission, whose decision. after
notice and hearing. shall be ANAL as to
all questions of facts, leaving either
party free to take amy question OF law to
the courts II II so desires.
Section property Taken over.
SEQ Q. Cay The company's railroad
and system Of transportation. OF which
the President has taken over possession.
use, control and operation. shall be con-
sidered as including the following roads
and properties.
................... ......... ......-'
(Here insert list OF roads, noting names,
principal termini, So
together with all the roads and prop
erty and the appurtenances thereof.
whether included in the foregoing list or
not, the revenues OF which were used
or which II then revenue bearing would
have been used in computing the COM
pany's standard return. including. $3.50.
........-....-. .'''''.'.. $500.
(Here insert in general terms reference
to tracks, bridges. equipment and such
other particular items of property as
may be appropriate and agreed on in
each case and such reservations In
favor OF the company respecting In
dustial leases and other matters as
may be agreed on.)
CD All materials and supplies on
hand at midnight December 81. 1917
(This item to be supported by an in
ventory, which, however. Is not to be
incorporated in the contract except by
reference.)
(c) All balances in the account or ac-
counts representing the total of met
balance receivable from agents and con-
ductors'' as OF midnight December 81,
1917:
td) .....-........ .doilars~
r. cash in addition to the foregoing
.sms. which last mentioned amount Is
taken over as working cash capital, the
usn of which the Director General Is to
have during Federal control without in
terest; and
........-......... .................
(Here insert list Of ssch other operating
assets and OF any deposits or funds as
may be agreed on in zach CASEY
.-'....... ............ .......-.....
'Roughly speaking, the amount OF this
item should be about one months e1-
pense. modified by such consideration as
should properly be given to materials
and supplies and other operating assets
taken over,
Section 8-Acceptance by Company
Seo. 8. (a) The company accepts all
the terms and conditions of the Federal
control act. and any regulation or order
made by or through the President under
authority of said act or of that portion
Of tho act approved August 90. 1915, re-
ferred to in paragraph (a) OF tho pre-
amble to this agreement which author
lied the President in time of war to take
possession, assume control and utilize
systems of transportation and the COM
pany further and expressly accepts the
covenants and obligations Of the Direc-
tor-General In this agreement set out
and tho rights arising Hereunder in full
adjustment, settlement, satisfaction and
discharge Of any and all claims and
rights. at law or In equity, which 1t now
has or hereafter can have otherwise than
under this agreement, against the United
States. the President, the Director-Gen-
for compensation under the Constitution
taking of its property or for the posses
sion, use, control and operation thereof
during Federal control and for any and
all loss and damage to its business by
reason OF the diversion thereof or other
wise which has been or may be caused
by said taking or by said possession, con-
troll and operation.
No claim is made by the company for
compensation for the period between
noon of December % and midnight OF
December 81, 1917: and the revenues of
said period shall belong to the company,
and the expenses thereof shall be paid
by the company. allocated in both cases