Page:United States Statutes at Large Volume 49 Part 1.djvu/880

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

74Th CONGRESS . SESS. I. CH. 687. AUGUST 26, 1935 .

835 shall have excl usive juris dicti on to affir m, mo dify, or se t asi de su ch j order, in whole or in part . No objection to the order of the Com- . Consideration of ob . mission shall be considered by the court unless such objection shall lections . have been urge d before the Comm ission or unless there were reason - able grounds for failure so to do . The fin dings of the Comm ission as to the facts, if supported by substantial evidence, shall be conclusive . If application is made to the c ourt for leave to adduce additiona l evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before t he Commission, th e court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in s uch manner and up on such terms and conditions as to the court may s eem pro per . The Commissio n may modi fy its fi ndings as to the facts by reason of the additional evidence so taken, and it shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order . The udgme nt a nd d ecree of the cour t aff irmi ng, modif ying , or set ting a side, in whole or in part, any suc h order of the Co mmission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, sees. 346 and 3 47) (b) The commencement of proceedings under subsection (a) shall proceedings Commencement of not, unless specific ally ordered by the court, operate as a stay of the as stay. Commission's order . JURISDICTION OF OFFENSES AND SUITS SEC . 25 . The District Courts of the United States, the Supreme Court of the District of C olumbia, and the United States cou rts of an y Ter ritory or o ther place subje ct to the jurisd ictio n of the Un ited States shall have jurisdiction of violations of this title or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liabi lity or duty created by, or to enjoin any violation of, this title or the rules, regulations, or orders thereunder . Any criminal proceeding may be brought in the d istrict wherein a ny act or transa ction constitutin g the violation o ccurred . Any sui t or action to enforce any liability or duty created by, or to enjoin any violation of, this title or rules, regulations, or orders thereunder, may be brought in any such district or in the district wherein the defend- ant is an inhabitant or transacts business, and process in such cases may be se rved in any distr ict of which the defendant is an i nhabi- tant or t ransacts business or wherever the defendant may be found . Judgments and decrees so rendered shall be subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (U. S . C ., title 28, sees . 225 and 347), and section 7, as amended, of the Act entitled "An Act to establish a court of appeals for the District of Columbia ", approved February 9, 1893 (D . C. Code, title 18, sec. 26) . No costs shall be assessed for or against the Commission in any proceeding under this title brought by or against the Commission in any court . VAL IDITY OF C ONTRA CTS SEC . 26 . (a) Any condition, stipulation, or provision binding any person to waive compliance with any provision of this title or with any r ule, regul ation , or o rder there under shall be v oid . Findin gs of fact . Additional evidence . Modificati on of find- ings of fact . Finality of judgment or decree . U.S.C.,p.1271. Offenses and s uits . Jurisdiction of courts. Criminal proceedings. S uits to enforce l ia- bility or to enjoin violations . Service of process . Review of judgments or decrees . U.S. C., pp.1259, 1272 , Vol.27,p.434. Casts . Validity of contracts. Waiver of compliance with provisions, etc ., of Act .