Secs. 47-47a or suspension. contained in or Continuance of stay. 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 Temporary stay 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 findings to be judges making the order and identified by reference der. 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 ring. hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal order granting oi 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 Same procedure and the same procedure as to expedition and appeal shall hearing. apply. (Oct. 22, 1913, c. 32, 38 Stat. L. 220.) SEC. 47a. [Judicial Code, section 210.] A final judgment or decree of the district court in the cases specified Expedition of Appeal from denying. governs final preme Court ment or decree. -manner. -notice. in section 44 of this title may be reviewed by the Supreme Appeal to SuCourt of the United States if appeal to the Supreme from final judgCourt be taken by an aggrieved party within sixty days-time. 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 cases the notice required shall be served upon the defendants in the case and upon the attorney general of the State. The district court may direct the original ord may go up. record instead of a transcript thereof to be transmitted Decision of Suon appeal. The Supreme Court may affirm, reverse, or to order. modify as the case may require the final judgment or -original rec preme Court as Secs. 48, 225 unless directed tice. Appeal not stay decree of the district court in the cases specified in secby court or jus- tion 44 of this title. Appeal to the Supreme Court, however, shall in no case supersede or stay the judgment or decree of the district 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. Appeals to the Supreme Court under this section and section 47 of this title shall have priority in hearing and determination over all other causes except criminal causes in that court. (Mar. 3, 1911, c. 231, sec. 210, 36 Stat. L. 1150; Oct. 22, 1913, c. 32, 38 Stat. L. 220.) Expedition. Suits against Government. SEC. 48. [Judicial Code, section 211.] All cases and proceedings specified in section 44 of this title shall be brought by or against the United States, and the United Intervention by States may intervene in any case or proceeding whenever, though it has not been made a party, public interests are involved. (June 18, 1910, c. 309, sec. 4, 36 Stat. L. 542; March 3, 1911, c. 231, sec. 211, 36 Stat. L. 1150; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) [Chapter 6.-Circuit Court of Appeals] Appellate jurisdiction. Review of inter locutory orders or decrees. --district court. SEC. 225. [Judicial Code, section 128, amended.] (a) The circuit courts of appeal shall have appellate jurisdiction to review by appeal final decisions— First. In the district courts, in all cases save where a direct review of the decision may be had in the Supreme Court under section 345 of this title. (b) The circuit court of appeals shall also have appellate jurisdiction * Second. To review decisions of the district courts, under section 159 of Title 45. * (e) The circuit courts of appeal are further empowered to enforce, set aside, or modify orders of the Federal Trade Commission, as provided in section 45 of Title 15; and orders of the Interstate Commerce Commission, the Federal Reserve Board, and the Federal Trade Commission, as provided in section 21 of Title 15. (Mar. 3, 1891, c. 517, sec. 6, 26 Stat. L. 828; Mar. 3, 1911, c. 231, sec. 128, 36 Stat. L. 1133; Jan. 28, 1915, c. 22, sec. 2, 38 Stat. L. 803; Feb. 7, 1925, c. 150, 43 Stat. L. 813; Feb. 13, 1925, c. 229, sec. 1, 43 Stat. L. 936; May 20, 1926, c. 347, sec. 13 (a), 44 Stat. L. 587; Jan. 31, 1928, c. 14, sec. 1, 45 Stat. L. 54; April 11, 1928, c. 354, sec. 1, 45 Stat. L. 422; May 17, 1932, c. 190, 47 Stat. L. 158.) [Chapter 9.-The Supreme Court] Secs. 345-346 * Sec. 345. Appellate jurisdiction from decrees of United States district courts. 346. Certificates of questions by circuit courts of appeals and United States Court of Appeals for District of Columbia. 347. Certiorari to circuit courts of appeals and United States Court of Appeals for District of Columbia; appeal to Supreme Court from circuit courts of appeals in certain cases; other reviews not allowed. 348. Certification of questions to Supreme Court by circuit courts of appeals, and certiorari thereto, and appeal or writ of error to Supreme Court from circuit courts of appeals in certain other cases. diction from de courts. SEC. 345. [Judicial Code, section 238, amended.] A Appellate jurisdirect review by the Supreme Court of an interlocutory crees of district or final judgment or decree of a district court may be had where it is so provided in the following sections or parts of sections, and not otherwise: (1) Section 29 of Title 15, and section 45 of Title 49. (2) Section 682 of Title 18, where the decision of the district court is adverse to the United States. (3) Section 380 of this title. (4) So much of sections 47 and 47a of this title as relate to the review of interlocutory and final judgments and decrees in suits to enforce, suspend, or set aside orders of the Interstate Commerce Commission other than for the payment of money. (5) Section 217 of Title 7. 238, 36 Stat. L. 1157; Jan. 28, (Mar. 3, 1911, c. 231, sec. 1915, c. 22, sec. 2, 38 Stat. questions. L. 804; Feb. 13, 1925, c. 229, sec. 1, 43 Stat. L. 938.) SEC. 346. [Judicial Code, section 239, amended.]—In Certificates of any case, civil or criminal, in a circuit court of appeals, or in the United States Court of Appeals for the District of Columbia, the court at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which instructions are desired for the proper decision of the cause; and there Secs. 347-348 Certiorari. Other reviews not allowed. Certification of questions under etc. upon the Supreme Court may either give binding instructions on the questions and propositions certified or may require that the entire record in the cause be sent up for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there by appeal. (Mar. 3, 1891, c. 517, sec. 6, 26 Stat. L. 828; Mar. 3, 1911, c. 231, sec. 239, 36 Stat. L. 1157; Feb. 13, 1925, c. 229, sec. 1, 43 Stat. L. 938; Jan. 31, 1928, c. 14, sec. 1, 45 Stat. L. 54; June 7, 1934, c. 426, 48 Stat. L. 926.) SEC. 347. [Judicial Code, section 240, amended.]— (a) In any case, civil or criminal, in a circuit court of appeals, or in the United States Court of Appeals for the District of Columbia, it shall be competent for the Supreme Court of the United States, upon the petition of any party thereto, whether Government or other litigant, to require by certiorari, either before or after a judgment or decree by such lower court, that the cause be certified to the Supreme Court for determination by it with the same power and authority, and with like effect, as if the cause had been brought there by unrestricted appeal. (c) No judgment or decree of a circuit court of appeals or of the United States Court of Appeals for the District of Columbia shall be subject to review by the Supreme Court otherwise than as provided in this section. (Mar. 3, 1891, c. 517, sec. 6, 26 Stat. L. 828; Mar. 3, 1911, c. 231, sec. 240, 36 Stat. I.. 1157; Feb. 13, 1925, c. 229, sec. 1, 43 Stat. L. 938; Jan. 31, 1928, c. 14, sec. 1, 45 Stat. L. 54; June 7, 1934, c. 426, 48 Stat. L. 926.) SEC. 348. Cases in a circuit court of appeals under anti-trust laws, section 159 of Title 45; under section 45 of Title 15; and under section 21 of Title 15, are included among the cases to which sections 346 and 347 of this title shall apply. (Feb. 13, 1925, c. 229, sec. 2, 43 Stat. L. 939; May 20, 1926, c. 347, sec. 13 (b), 44 Stat. L. 587.) INDEX Α Abandonment. See Convenience and necessity. Absorption of rail charges by water carriers, § 1 (2). Page 2 Access: Accounts, memoranda, records, to, by Commission or its agents, ex- 66 By Coordinator, § 6 (a)‒‒‒‒‒ 152 Motor carriers, existing or hereafter existing, § 220 (b). 117 Valuation records, § 19a (e)‒‒‒‒‒ Correspondence by Commission, its agents, examiners, § 20 (5). Motor carriers, existing or hereafter existing, § 220 (b). 61 66 117 66 Motor carriers, existing or hereafter existing, § 220 (b)‒‒‒‒‒‒ 117 Inspection. See Inspection. Penalty, failure of rail carriers to allow, § 20 (6). 67 Property, right-of-way, valuation purposes, § 19a (e). Motor carriers, access to and inspection of, § 220 (b)_ Public, by, to Commission's valuation data, § 19a (e) Actions, result of, automatic train-control devices not ordered; negli- Brokerage licenses, holders, subject to provisions, § 211 (d)__. 103 Brokers, provisions include, § 204 (a) (4), § 211 (d), § 220 (c) 89, 103, 118 45 Contract carriers, Commission to establish reasonable requirements, 8 204 (a) (2). 89 169 |