Page:United States Statutes at Large Volume 36 Part 1.djvu/566

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 SIXTY~FIRST CONGRESS. Sess. II. Ch. 309. 1910.

Servicccfwvien. action, and gpggifyin the relief sought. Acopy of such petition shall ·be forthwith served by the marsha or a' deputy marsha 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 bemade by Bhng a copy of said petition in the office of the Secretary of the Interstate Commerce Commisruing or umm. sion and in the Department of Justice. Withm thirty days after the petition is served, unless that time is extended by order of the_ court or a judée thereof, an answer to the(pet1tion s all be Bled 111 the clerk’s office, and a copy thereof maile to the pet1tioner’s attorney, which answer shall brie ly and categorically respond to the allegations of the petition. No rep ication need be Bled to the answer, an 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 bektgggi H no smwer mayl be made at any time before answer is Bled. In case no answer ‘ sha be Bled as provided herein the petitioner may apply to the court on notice for such relief as ma be proper upon the acts alle ed Taking evidence. in the petition. The court may, gy rule, prescribe the methodg 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 rmaeeenepmeea- power to rule u(pon the admission of evidence. Except as may be `"°‘ . otherwise (provided in this Act, or by rule of the court, the practice and proce ure in the commerce court shall conform as nearly as may ‘ be to that in like cases in a circuit court of the United States. °P•¤*¤8°‘°°¤¤- The commerce court shall be o ned for the transaction of business g at a date to be fixed by order o¥9the said court, which shall be not laterdthan thirty days after the judges thereof shall have been designate . c°{j;t_P¢·*¤ *°$¤1>¤¤¤¤- Sr:c._ 2. That a final judgment or decree of the commerce court may be rev1ewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of said final judgment or decree. Such appeal may be taken in like manner as appeals from a circuit court of the United States to the Supreme Court, and the commerce court may direct the original record to be transmitted on ap al instead of a transcript thereof. The Supreme Court may aigiiin, reverse, or modify the final judgment or decree of the commerce court as the case may uire. mggggggjggygggj mlppeal to the Supreme Court, however, shall in no case supersede memes. or stay the gudgment or decree of the commerce court appealed from unless the u reme Court or a 'ustice thereof shall so direct, and appellant shall) give bond in sucli form and of such amount as the Supreme Court, or the justice of that court allowing the stay, may re uire. m$j>_LP°¤l= °¤ *¤5¤¤¤· (hn appeal may also be taken to the Supreme Court of the United States m 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 gppeal be taken within thirty days from the entry of such order or ecree. P¤°¤*Y°* ¤v¤¢•¤*¤· _ Appeals to the Supreme Court under this section shall have priority in hearnnghand determination over all other causes except criminal . causes in t at court. m,§*;;';’,}{’g},‘g1j’;,;*;S;{g,; Sec. 3. That suits to enjoin, set aside, annul, or suspend any order gang; ugamsz Umm of the Interstate_Commerce Commission shall be brought in the com- ‘ merce 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