Page:United States Statutes at Large Volume 38 Part 1.djvu/239

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

220 SIXTY-THIRD CONGRESS. Srss. I. Ch. 32. 1913. either to transportation or to a matter so complained of before the commission matter covered by thererder sha be deemed to arise m_the district where one of the petitioners in court has either its prmc1pal office or its principal operating office. In case such transportation relates to a. through shipment the term "destmation" shall be construed as meaning final destination of such shipment. °¤}l:{t•{°d*¤'°*¤·**¤°¤‘¤* _ The procedure m the district courts in respect to cases of which ]\.l1’.lB(l1(%EI.0D. as conferred upon them lay this Act shall be the same as °°"**•·°°°· that heretofore prevanhng in the ommerce Court. The orders, wnts, and (processes of the district courts these cases run, be served, an be returnable anywhere m the mted States; and the right of from the d1st¤.ct courts m such cases shall be the same as e nght of appeal heretofore prevailing under existing law w;”'}_°*'°°°°°*¥¤*l¤¤** from the Commerce Court. No interlocutory injunction suspending Appliaékcms 3 orrestraming the enforcement, operation, or execution of, or setting c.,...m..;...,'°"°°‘*"’ aside, m whole or m pa1jt,_any order made or entered by the Interstate Commerce Commission shall be issued pr granted by any b thm district cnurt of the Ilmted States, _01' by Lily judge thereof, or by MH°°**¤¢“’_m 1 any c1rc1ut judi acting as d1str1ct_ judge, ess_the agypheaugn for the same shall presented to a cgrcmt or district judge, and shall he heard and dggtgrminindmlg three judges, offwhczlm at least one $all eacxrcm ju an essamaot ° ` all concnr in grantinghuch application. _] Vlllhgnosuislxlapghcatiouiligatdsdorv saidispresentedtoajudge heshallunrnediatelyc tohisassistance Noumwuuvm. to and determine the application two other judges. Said application shall not be heard or etermined before at least five days' D0u08_0€ the hearing has been given to the Interstate Commerce Commission, to the: ttomey General of the United States, and to

 rmm such other persons as may be defendants m the suit: Promded, That

nkgmk gn 10-mm: in cases w ere irreparabe damngnewould otherwise ensue to the petitnonergftnr mzjnntythof said d e judges tgotxicuimndng, may, on earing no ess an a. ’ notice terst teC merce Commission and the Attornse; General, allaow a te:npor(;.11I}·y 828% or nnstpgiisnongii whole or m pa:rt,_ of the operation of the order 3 n th age n1merc<;dComm1ssion for not more than snmty tiaysfroxnh erdate 0 the o _ er of 88.1d- judges pending the apphcamm". on or e o er or injunction, in which case the said order shall contain a spccinc finding, based upon evidence submitted to the judges malnng the order and identified by reference thereto that suc irrepara le damage would result to the petitioner and

311l;gutl`n1<:gn;1lt;1{·1e’$'ptlg::e"t¢%(•:.]rpage. Thgfaid judges may, at the time

_ , upon a e finding, continue the temhmdm md W plnrary ¥ay_0r susrxilensnon in whole or m part_ decision upon umu;. { 6 :·0PP 9¤F1°¤·_ 9 h¤¤1‘1¤g upon such application for an inter- .+:2; me "·.··;;:;°2::s 2%***..* "°g.§2.l’°£3..*’Z°.°¥.°".°“Ii..°g° **2%;***.28 **· me e a Dm mw to Sm gtple dayu after the ngiration of the notice hereinbefgrgapmeiridpedafgclii mmm . St glppéo mtg? bgd OH dlyect $0 the Supreme Court of the United ma iam,] 0131 me o_ er granting or denying, after notice and hearing, _ _ _ ry injunction, in such case 1f such ap al be taken Fm, mmgx withm thu·ty zlcaiys after the order, U1 respect to whicgscomplaint is E?.‘}.§h‘€t%‘§3.pe¤3’0‘?ZHiaZ?"i “"§‘l “‘° §““‘ h°“'i”g °‘ “" *“*“ _ _ tha _ , inw oeoi·mpart,anyorderofsa1d Revuweenmuudg. commlssmu Sui'? mqmment as W ]¤dg€S 811d the same promm by Supreme ccdure as to expedmon and appeal shall a 1 . A final ‘ d c,,m_ d f h . _ Pg { ju gment or ecree o the district court may be rev1ewe y the Supreme Court of the United States appeal to the Supreme Court be taken by an aggrieved party Wltlllll surty days after the entry of such final judg- VDLM Mm ment or decree, and such appeals may be taken in like manner as · · appeals are taken under exxsting law in equity eggs, And in gugh