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and ten, is abolished from and after December thirty-first, nineteen hundred and thirteen, and the jurisdiction vested in said Commerce Court by said Act is transferred to and vested in the several district courts of the United States, and all Acts or parts of Acts in so far as they relate to the establishment of the Commerce Court are repealed. Nothing herein contained shall be deemed to affect the tenure of any of the judges now acting as circuit judges by appointment under the terms of said Act, but such judges shall continue to act under assignment, as in the said Act provided, as judges of the district courts and circuit courts of appeals; and in the event of and on the death, resignation, or removal from office of any of such judges, his office is hereby abolished and no successor to him shall be appointed. (38 Stat. 219.)

This paragraph and others following it, set forth post, §§ 994, 995, 998, 1000-1003, were provisions accompanying an appropriation for expenses of the Commerce Court during the first half of the fiscal year 1914, in the urgent deficiency appropriation act of Oct. 22, 1913, c. 32, cited above.

The provisions of Act June 18, 1910, c. 309, §§ 1-6, mentioned in this paragraph, which created the Commerce Court, prescribed its jurisdiction, and regulated its procedure, were incorporated in the Judicial Code, in chapter 9, §§ 200-214, thereof, and were repealed by section 297 of said Code, post, § 1274.

The provisions of Jud. Code, §§ 200, 202–206, 214, which related to the establishment and organization, officers, etc., of the Commerce Court, the pow ers of the court and its judges in cases within its jurisdiction, and the transfer to the court of cases pending in other courts, were superseded by the provisions of this paragraph abolishing the court and repealing all acts and parts of acts in so far as they related to its establishment.

Jud. Code, § 201, relating to the assignment of the additional circuit judges appointed under said Act June 18, 1910, c. 309, as judges of the district courts and circuit courts of appeals, who were to continue so to act under this paragraph, is set forth, in connection with other provisions relating to the circuit judges, post, § 1110.

The provisions of other sections of said chapter 9 of the Judicial Code, $$ 207-213, defining the jurisdiction of the Commerce Court, which was transferred to the district courts by this paragraph, and regulating the procedure, etc., and review on appeal in such cases, are set forth post, §§ 993, 996, 997, 999, 1004-1006.

§ 993. (Jud. Code, § 207.) Jurisdiction of the Commerce Court. The Commerce Court shall have the jurisdiction possessed by circuit courts of the United States and the judges thereof immediately prior to June eighteenth, nineteen hundred and ten, over all cases of the following kinds:

First. All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money.

Second. Cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission. Third. Such cases as by section three of the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of the United States.

Fourth. All such mandamus, proceedings as under the provisions

of section twenty or section twenty-three of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, as amended, are authorized to be maintained in a circuit court of the United States.

Nothing contained in this chapter shall be construed as enlarging the jurisdiction now possessed by the circuit courts of the United States or the judges thereof, that is hereby transferred to and vested in the Commerce Court.

The jurisdiction of the Commerce Court over cases of the foregoing classes shall be exclusive; but this chapter shall not affect the jurisdiction possessed by any circuit or district court of the United States. over cases or proceedings of a kind not within the above-enumerated classes.

Act June 18, 1910, c. 309, § 1, 36 Stat. 539. Act March 3, 1911, c. 231, § 207, 36 Stat. 1148.

The jurisdiction vested in the Commerce Court was transferred to and vested in the several district courts, by provisions of Act Oct. 22, 1913, ante, § 992.

See notes to said section, ante, § 992.

§ 994. (Act Oct. 22, 1913, c. 32.) Venue of suits in district courts to enforce, suspend, or set aside orders of Interstate Commerce Commission.

The venue of any suit hereafter brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition. the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in 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 construed as meaning final destination. of such shipment. (38 Stat. 219.)

These were part of the provisions abolishing the Commerce Court and transferring its jurisdiction to the district courts, of the urgent deficiency appropriation act of 1913, cited above.

See notes to preceding paragraph of the act, ante, § 992.

§ 995. (Act Oct. 22, 1913, c. 32.) Procedure in district courts in cases jurisdiction of which was transferred from Commerce Court.

The procedure in the district courts in respect to cases 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. (38 Stat. 220.)

These were further provisions of the urgent deficiency act of 1913, cited above.

See notes to preceding paragraph of act, ante, § 992.

Cases jurisdiction of which was conferred on the district courts by this act, as stated in this paragraph, were cases of which the Commerce Court had jurisdiction, under Jud. Code, § 207, ante, § 993.

The right of appeal from the Commerce Court, also mentioned in this paragraph, was provided for by Jud. Code, § 210, post, § 999.

§ 996. (Jud. Code, § 209.) Jurisdiction of the court, how invoked; practice and procedure.

The jurisdiction of the Commerce Court shall be invoked by filing in the office of the clerk of the court a written petition setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and specifying the relief sought. A copy of such petition shall be forthwith served by the marshal or a deputy marshal of the Commerce Court or by the proper United States marshal or deputy marshal upon every defendant therein named, and when the United States is a party defendant, the service shall be made by filing a copy of said petition in the office of the Secretary of the Interstate. Commerce Commission and in the Department of Justice. Within thirty days after the petition is served, unless that time is extended by order of the court or a judge thereof, an answer to the petition shall be filed in the clerk's office, and a copy thereof mailed to the petitioner's attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting forth a cause of action or defense must be taken at the final hearing or by motion to dismiss the petition based on said grounds, which motion may be made at any time before answer is filed. In case no answer shall be filed as provided herein the petitioner may apply to the court on notice for such relief as may be proper upon the facts alleged in the petition. The court may, by rule, prescribe the method of taking evidence in cases pending in said court; and may prescribe that the evidence be taken before a single judge of the court, with power to rule upon the admission of evidence. Except as may be otherwise provided in this chapter, or by rule of the court, the practice and procedure in the Commerce Court shall conform as nearly as may be to that in like cases in a district court of the United States.

Act June 18, 1910, c. 309, § 1, 36 Stat. 539. Act March 3, 1911, c. 231, § 209, 36 Stat. 1149.

The procedure in the district courts, in cases jurisdiction of which was transferred to them from the Commerce Court, was to be the same as that prevailing in the Commerce Court, by a provision of the act transferring such jurisdiction, Act Oct. 22, 1913, c. 32, ante, § 995.

§ 997. (Jud. Code, § 208.) Suits to enjoin, etc., orders of Interstate Commerce Commission to be against United States; restraining orders, when granted without notice.

Suits to enjoin, set aside, annul, or suspend any order of the Interstate Commerce Commission shall be brought in the Commerce

Court against the United States. The pendency of such suit shall not of itself stay or suspend the operation of the order of the Interstate Commerce Commission; but the Commerce Court, in its discretion, may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit.

Act June 18, 1910, c. 309, § 3, 36 Stat. 542. Act March 3, 1911, c. 231, § 208, 36 Stat. 1149.

The jurisdiction of the Commerce Court was transferred to the district courts by provisions of Act Oct. 22, 1913, c. 32, ante, § 992.

Further provisions of this section regulated the making by the Commerce Court of orders or injunctions restraining or suspending an order of the Interstate Commerce Commission, and the procedure on applications therefor. They were superseded by provisions regulating the making of such interlocutory injunctions by the district courts or judges thereof, and the proceedings on applications therefor, made by said Act Oct. 22, 1913, c. 32, post, § 998. Jurisdiction of cases brought to enjoin, set aside, etc., orders of the Interstate Commerce Commission, was given by Jud. Code, § 207, subsec. 2, ante, § 993.

§ 998. (Act Oct. 22, 1913, c. 32.) Interlocutory injunctions suspending or restraining enforcement, etc., of orders of Interstate Commerce Commission; application, and proceedings thereon; temporary stay or suspension; hearing; appeal to Supreme Court.

No interlocutory injunction suspending or restraining the enforcement, operation, or execution of, or setting 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 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 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 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 application for the order or injunction, in which case the said order shall contain a specific finding, based upon evidence 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 temporary stay or suspension in whole or in part until decision upon the application. The hearing upon such 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 hereinbefore provided for. An appeal may be taken direct to the Supreme Court of 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 granted or refused; and upon the final hearing of any 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 appeal shall apply. (38 Stat. 220.)

These were a further part of the provisions abolishing the Commerce Court, and transferring its jurisdiction to the district courts, of the urgent deficiency appropriation act of 1913, cited above.

See notes to preceding paragraph of this act, ante, § 992, and to Jud. Code, § 208, ante, § 997.

Previous provisions for appeal from interlocutory orders or decrees of the Commerce Court granting or continuing an injunction restraining the enforcement of an order of the Interstate Commerce Commission, were made by Jud. Code, § 210, post, § 999.

§ 999. (Jud. Code, § 210.) Final judgments and decrees reviewable in Supreme Court.

A final judgment or decree of the Commerce Court may be reviewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of said final judgment or decree. Such appeal may be taken in like manner as appeals from a district court of the United States to the Supreme Court, and the Commerce Court may direct the original record to be transmitted on appeal instead of a transcript thereof. The Supreme Court may affirm, reverse, or modify the final judgment or decree of the Commerce Court as the case may require. Appeal to the Supreme Court, however, shall in no case supersede or stay the judgment or decree of the Commerce Court appealed from, unless the Supreme Court or a justice thereof shall so direct; and appellant shall give bond in such form and of such amount as the Supreme Court, or the justice of that court allowing the stay, may require. An appeal may also be taken to the Supreme Court of the United States from an interlocutory order or decree of the Commerce Court granting or continuing an injunction restraining the enforcement of an order of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Appeals to the Supreme Court under this section shall have priority in hearing and determination over all other causes except criminal causes in that court.

Act June 18, 1910, c. 309, § 2, 36 Stat. 542. Act March 3, 1911, c. 231, § 210, 36 Stat. 1150.

On the abolition of the Commerce Court and the transfer of its jurisdiction to the district courts, the right of appeal from the district courts in