Page images
PDF
EPUB

court has either its principal office or its principal operating office. In case such transportation relates to a through shipment the term "destination" shall be con- Term "desting

tion" construod. strued as meaning final destination of such shipment. The procedure in the district courts in respect to cases Procedure in

district courts. of which jurisdiction is conferred upon them by this Act shall be the same as that heretofore prevailing in the Commerce Court. The orders, writs, and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States; and the right of appeal from the district courts in such cases shall be the same as the right of appeal heretofore prevailing under existing law from the Commerce Court. No interlocutory injunction suspending or restraining the enforcement, operation, or execution of, or setting Interlocutory

injunction. aside, in whole or in part, any order made or entered by the Interstate Commerce Commission shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit judge acting as

1 Sections 4 and 5 of the Commerce Court Act read as follows:

"Sec. 4. That all cases and proceedings in the Commerce Court which but for this Procedure in Act would be brought by or against the Interstate Commerce Commission shall bo Commerce Court. brought by or against the United States, and the United States may intervene in any case or proceeding in the Commerce Court whenever, though it has not been made a party, public interests are involved.

"SEC.5. That the Attorney General shall have charge and control of the interests of the Government in all cases and proceedings in the Commerce Court, and in the Supreme Court of the United States upon appeal from the Commerce Court; and if in his opinion 36 Stat. L., 538 the public interest requires it, he may retain and employ in the name of the United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent upon him and his subordinate attorneys; and the Attorney General shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Provided, That the Interstate Commerce Commission and any party or parties in interest to the proceeding before the Commission, in which an order or requirement is made, may appear as parties thereto of their own motion and as of right, and be represented by their counsel, in any suit wherein is involved the validity of such order or require ment or any part thereof, and the interest of such party; and the Court wherein is pending such suit may make all such rules and orders as to such appearances and representations, the number of counsel, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination of such sults: Provided further, That communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Interstate Commerce Commission, or in any sult which may be brought by anyone under the terms of this Act, or the Acts of which it is amendatory or which are amendatory of It, relating to action of the Interstate Commerce Commission, may intervene in sald sult or proceedings at any time after the institution thereof, and the Attorney General shall not dispose of or discontinue said sust or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said sult or proceeding unaffected by the action or nonaction of t'e Attorney General of the United States therein.

“Complainants before the Interstate Commerce Commission interested in a case shall have the right to appear and be made parties to the case and be represented before the courts by counsel under such regulations as are now permitted in similar circumstances under the rules and practice of equity courts of the United States."

Tempora stay.

district judge, unless the application for the same shall be presented to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a circuit judge, and unless a majority of said three judges shall concur in granting such application. When such application as aforesaid is presented to a judge, he shall immediately call to his assistance to hear and determine the application two other judges. Said

application shall not be heard or determined before at Notica least five days' notice of the hearing has been given to

the Interstate Commerce Commission, to the Attorney General of the United States, and to such other persons as may be defendants in the suit: Provided, That in cases where irreparable damage would otherwise ensue to the petitioner, a majority of said three judges concurring, may, on hearing, after not less than three days' notice to y the Interstate Commerce Commission and the Attorney General, allow a temporary stay or suspension, in whole or in part, of the operation of the order of the Interstate Commerce Commission for not more than sixty days from the date of the order of said judges pending the applica

tion for the order or injunction, in which case the said Finding as to order shall contain a specific finding, based upon evidence

lam- submitted to the judges making the order and identified

by reference thereto, that such irreparable damage would result to the petitioner and specifying the nature of the damage. The said judges may, at the time of hearing such application, upon a like finding, continue the tem

porary stay or suspension in whole or in part until Expedition of decision upon the application. The hearing upon such Interlocutory in application for an interlocutory injunction shall be given

precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after

the expiration of the notice herein before provided for. Appeal directly An appeal may be taken direct to the Supreme Court of Court the United States from the order granting or denying,

after notice and hearing, an interlocutory injunction, in such case if such appeal be taken within thirty days after

the order, in respect to which complaint is made, is Expedition of granted or refused; and upon the final hearing of any proceduromarins suit brought to suspend or set aside, in whole or in part,

any order of said Commission the same requirement as to

judges and the same procedure as to expedition and ap- . Final Judg. peal shall apply. A final judgment or decree of the disSupreme Courttrict court may be reviewed by the Supreme Court of the

Irreparable dam age.

junction.

to Supremo

procoduro

ment, review Supreme Court.

pending cases from Commerce Court to district

United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of such final judgment or decree, and such appeals may be taken in like manner as appeals are taken under existing law in equity cases. And in such case the notice roquired shall be served upon the defendants in the case and upon the attorney general of the State. All cases pending in the Commerce Court at the date of the passage of this Act shall be deemed pending in and be trans- pending ferred forthwith to said district courts except cases which com may previously have been submitted to that court for courts. final decree and the latter to be transferred to the district courts if not decided by the Commerce Court before December first, nineteen hundred and thirteen, and all cases wherein injunctions or other orders or decrees, mandatory or otherwise, brave been directed or entered prior to the abolition of the said court shall be transferred forthwith to said district courts, which shall have jurisdiction to proceed therewith and to enforce said injunctions, orders, or decrees. Each of said cases and all the records, papers, and proceedings shall be transferred to the district court wherein it might have been filed at the time it was filed in the Commerce Court if this Act had then been in effect; and if it might have been filed in any one of two or more district courts it shall be transferred to that one of said district courts which may be designated by the petitioner or petitioners in said case, or, upon failure of said petitioners to act in the premises within thirty days after the passage of this Act, to such one of said district courts as may be designated by the judges of the Commerce Court. The judges of the Commerce Court shall have authority, and are hereby directed, to make any and all orders and to take any other action necessary to transfer as aforesaid the cases and all the records, papers, and proceedings then pending in the Commerce Court to said district courts. All administrative books, dockets, files, and all papers of the Commerce Court not transferred as part of the record of any particular case shall be lodged in the Department of Justice. All furniture, carpets, and other property of the Commerce Court is turned over to the Department of Justice and the Attorney General is authorized to supply such portion thereof as in his judgment may be proper and necessary to the United States Board of Mediation and Conciliation.

Sec. 1

cases to district court.

Remand. Any case hereafter remanded from the Supreme Court

which, but for the passage of this Act, would have been remanded to the Commerce Court, shall be remanded to a district court, designated by the Supreme Court, wherein it might have been instituted at the time it was instituted in the Commerce Court if this Act had then been in effect, and thereafter such district court shall take all necessary and proper proceedings in such case in accordance with law and such mandate, order, or decree

therein as may be made by said Supreme Court. Inconsistent All laws or parts of laws inconsistent with the fore

going provisions relating to the Commerce Court, are repealed.

Inconsistent laws repealed.

23

EXPEDITING ACT (AS AMENDED).

AN ACT To expedite the hearing and determination of suits in equity

pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted.

32 Stat. L., 823. Be it enacted by the Senate and House of Representa36 Stat. L., 854 tives of the United States of America in Congress assem

bled, Sec. 1. [As amended June 25, 1910.] That in any suit in equity pending or hereafter brought in any circuit court of the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, “An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like pur

pose that hereafter may be enacted, wherein the United Attorney, Gen- States is complainant, the Attorney General may file tificate for expo with the clerk of such court a certificate that, in his

opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said court, if there be

three or more; and if there be not more than two circuit oro judges, then before them and such district judge as they

dition.

Hoaring before thro judgas.

Secs. 1 and 2

designate circuit

equal division.

Roargument.

may select; or, in case the full court shall not at any time be made up by reason of the necessary absence or disqualification of one or more of the said circuit judges, the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may designate a district judge or judges within the circuit who shall be competent to sit in said court at the hearing of said suit. In the event the judges sitting in such case shall be equally divided in opinion as to the decision or disposition of said cause, or in the event that a majority of said judges shall be unable to agree upon the judgment, order, or decree finally disposing of said case in said court which should be entered in said cause, then they shall immediately certify that fact to the Chief Justice Chief Justice to of the United States, who shall at once designate and judge in case of appoint some circuit judge to sit with said judges and to assist in determining said cause. Such order of the Chief Justice shall be immediately transmitted to the clerk of the circuit court in which said cause is pending, and shall be entered upon the minutes of said court. Thereupon said cause shall at once be set down for reargument and the parties thereto notified in writing by the clerk of said court of the action of the court and the date fixed for the reargument thereof. The provisions of this section shall apply to all causes and proceedings in all courts now pending, or which may hereafter be brought.

SEC. 2. That in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any

Exception. case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.

47719°—21 -7

Appeal to Su opreme Court.

« PreviousContinue »