Page:United States Statutes at Large Volume 54 Part 1.djvu/890

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PUBLIC LAWS-CH. 686-AUG. 22, 1940 Findings. Additional evi- dence. Modification of find- ings. Finality of court's decision. Review by Supreme Court. 36 Stat. 1157. 28 U.S. . C. 346, 347; Supp. V, § 347. Stay of Commis- sion's order. Jurisdiction of courts. Venue. Judgments, etc., subject to review. 36 Stat. 1133, 117. 28U.. c.C 225 347; Supp. V, ti 225, 347. 27 Stat. 435 . 18 D.C. Code 26. Void conditions, etc. Contracts in viola- tion of designated provisions. such order, in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission or unless there were reason- able grounds for failure so to do. The findings of the Commission as to the facts, if supported by substantial evidence, shall be con- clusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reason- able grounds for failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hear- ing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings 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 rec- ommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission 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. (b) The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Commission's order. JTURISDICTION OF OFFENSES AND SUITS SEc. 214 . The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdic- tion of the United 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 to enjoin any violation of this title or the rules, regulations, or orders thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action 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 defendant is an inhabitant or transacts business, and process in such cases may be served in any district of which the defendant is an inhabitant or transacts 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, 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. 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. VALIDITY OF CONTRACTS SEC. 215. (a) Any condition, stipulation, or provision binding any person to waive compliance with any provision of this title or with any rule, regulation, or order thereunder shall be void. (b) Every contract made in violation of any provision of this title and every contract heretofore or hereafter made, the performance of which involves the violation of, or the continuance of any relationship or practice in violation of any provision of this title, or any rule, regulation, or order thereunder, shall be void (1) as regards the rights of any person who in violation of any such provision, rule, regulation, or order, shall have made or engaged in the performance 856 [54 STAT.