the enactment of this title, shall remain in force, as though this title had not been enacted, with respect to the acquisition by any carrier, prior to the enactment of this title, of the control of any other carrier or carriers. [Section 205 amended section 15a of the Interstate Commerce Act, as amended, to read as previously set out herein. Section 206 provided for the termination of recapture proceedings under the preexisting section 15a of the Interstate Commerce Act, for the liquidation of the general railroad contingent fund, and for the return of payments already made (U. S. Code, title 49, sec. 15b.) Section 207 amended paragraph (a) of section 19a of the Interstate Commerce Act, as amended, to read as previously set out herein. Section 208 amended paragraphs (f) and (g) of section 19a of the Interstate Commerce Act, as amended, to read as previously set out herein.] PROVISIONS FROM UNITED STATES CODE, TITLE 28, JUDICIAL CODE AND JUDICIARY [Compiling certain provisions of the Mann-Elkins (or Commerce Court) Act of June 18, 1910; the Judicial Code of March 3, 1911; the Urgent Deficiencies Appropriation (District Court Jurisdiction) Act of October 22, 1913; and the act of February 13, 1925, amending the Judicial Code, and defining the jurisdiction of the Supreme Court, on appeals.] (SCOPE NOTE.-Inclusion of all the provisions of this title bearing upon proceedings in court in every case which might arise under the acts included in this compilation would be beyond the general scope of the compilation. Only sections in terms relating to proceedings in court in respect of enforcement or suspension of the Commission's orders, or to proceedings instituted by or at the instance of the Commission, and necessarily related sections, generally, have been included. The text is that of the United States Code, 1934 edition.) [Chapter 2.-District Courts; Jurisdiction] Sec. 41. Original Jurisdiction. 43. Venue of suits relating to orders of Interstate Commerce Commission. 44. Procedure in certain cases under interstate commerce laws; service of processes of court. 45. District courts; practice and procedure in certain cases. 45a. Special attorneys; participation by Interstate Commerce Commission; intervention. 46. Suits to enjoin orders of Interstate Commerce Commission to be against United States. 47. Injunctions as to orders of Interstate Commerce Commission; appeal to Supreme Court; time for taking. 47a. Appeal to Supreme Court from final decree; time for taking; priority. 48. Suits to be against United States; intervention by United States. Secs. 41-43-44 SEC. 41. [Judicial Code, section 24, amended.] The district courts shall have original jurisdiction as Original jurisdic follows: 1 tion. terstate com (8) Eighth. Of all suits and proceedings arising un- -suits under in(Mar. 3, 1911, c. 231, merce laws. der any law regulating commerce. sec. 24, par. 8, 36 Stat. L. 1092; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) Commission's or (27) Twenty-seventh. Of all cases for the enforce-enforcement of ment of any order of the Interstate Commerce Commis- der. sion. (June 18, 1910, c. 309, sec. 1, 36 Stat. L. 539; Mar. 3, 1911, c. 231, sec. 207, 36 Stat. L. 1148; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) Commission's or (28) Twenty-eighth. Of cases brought to enjoin, set setting aside aside, annul, or suspend in whole or in part any order der. of the Interstate Commerce Commission. (June 18, 1910, c. 309, sec. 1, 36 Stat. L. 539; Mar. 3, 1911, c. 231, sec. 207, 36 Stat. L. 1148; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) Venue of suits SEC. 43. The venue of any suit brought to enforce, involving order suspend, or set aside, in whole or in part, any order of the of Commission. Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the Commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the Commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in court has either its principal office or its principal operating office. In case such transportation relates to a through shipment the term "destination" shall be construed as meaning final destination of such shipment. (Oct. 22, 1913, c. 32, 38 Stat. L. 219.) Procedure in SEC. 44. The procedure in the district courts (a) district courts. in respect to cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty 1 Review of orders under Motor Carrier Act, 1935, and of negative orders because of lack of power, governed by these provisions, sec. 205 (h), ante. Secs. 44-45 Process runs throughout United States. Procedure in district court. Petition. -service. -upon United States. or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money shall be as provided in sections 45, 45a, 47a, and 48 of this title and (b) in respect to cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission shall be as provided in sections 45, 45a, 47, 47a and 48 of this title. The orders, writs, and processes of the district courts may in the cases specified in this section and in the cases and proceedings under sections 20, 43 and 49 of Title 49, run, be served, and be returnable anywhere in the United States. (Oct. 22, 1913, c. 32, 38 Stat. L. 220.) SEC. 45. [Judicial Code, section 209.] The jurisdiction of the district courts of the cases specified in section 44 of this title, and of the cases and proceedings under sections 20, 43 and 49 of Title 49, shall be invoked by filing in the office of the clerk of the court a written petition setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and specifying the relief sought. A copy of such petition shall be forthwith served by the marshal or a deputy marshal of the district 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 be made by filing a copy of said petition in the office of the secretary of the Interstate Commerce Commission and in the Department of Justice. Within thirty days after the petition is served, unless that time is extended by order of the court or a judge thereof, an answer to the petition shall be filed in the clerk's office and a copy thereof mailed to the petitioner's attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication need be filed to the answer, and 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 may be made at any time before answer is filed. In case no answer shall be filed as provided herein the petitioner may apply to the court on notice for such relief as may be proper upon the facts alleged in the petition. Method of taking The court may, by rule, prescribe the method of taking evidence in cases pending in said court. (June 18, 1910, Answer. Replication unnecessary. Objections to petition. Motion to dismiss. evidence. Sec. 45a Control of litiga General. Commission and c. 309, sec. 1, 36 Stat. L. 539; Mar. 3, 1911, c. 231, sec. 209, 36 Stat. L. 1149; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) SEC. 45a. [Judicial Code, sections 212, 213, amended.] The Attorney General shall have charge and con- tion, Attorney trol of the interests of the Government in the cases specified in section 44 of this title and in the cases and proceedings under sections 20, 43 and 49 of Title 49, in the district courts, and in the Supreme Court of the United States upon appeal from the district courts. If in his opinion the public interest requires it, he may retain and employ in the name of the United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and special attorneys, counselors at law as he may think necessary to assist in employment. the discharge of any of the duties incumbent upon him and his subordinate attorneys; and the Attorney General shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Provided, That the Interstate Commerce Commission and any party or parties in interest to the pro- parties before it ceeding before the Commission, in which an order or re- right. quirement is made, may appear as parties thereto of their own motion and as of right, and be represented by their counsel, in any suit wherein is involved the validity of such order or requirement or any part thereof, and the interest of such party; and the court wherein is pending such suit may make all such rules and orders as to such appearances and representations, the number of counsel, rules governand all matters of procedure, and otherwise, as to subserve the ends of justice, and speed the determination of such suits: Provided further, That communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Inter- Interventions by state Commerce Commission, or in any suit which may be in proceedings brought by any one under the provisions of the afore- sion. said sections relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at any time after the institution thereof; and the Attorney General shall not dispose of or discontinue said Disposal of case suit or proceeding over the objection of such party or General, rights intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said suit or proceed may appear as of ing appearances. persons interested before Commis by Attorney unaffected. Secs. 46-47 Complainants before Commission. Suits against ders, United as stay without ing unaffected by the action or nonaction of the Attorney General therein. Complainants before the Interstate Commerce Commission interested in a case shall have the right to appear and be made parties to the case and be represented before the courts by counsel, under such regulations as are now permitted in similar circumstances under the rules and practice of equity courts of the United States. (June 18, 1910, c. 309, sec. 5, 36 Stat. L. 543; Mar. 3, 1911, c. 231, secs. 212 and 213, 36 Stat. L. 1150, 1151; Oct. 22, 1913, c. 32, 38 Stat. L. 220.) SEC. 46. [Judicial Code, section 208.] Suits to enjoin, Commission's or set aside, annul, or suspend any order of the Interstate States defendant. Commerce Commission shall be brought in the district court against the United States. The pendency of such -not to operate suit shall not of itself stay or suspend the operation of order of court. the order of the Interstate Commerce Commission; but the court, in its discretion, may restrain or suspend, in whole or in part, the operation of the Commission's order pending the final hearing and determination of the suit. (June 18, 1910, c. 309, sec. 3, 36 Stat. L. 542; Mar. 3, 1911, c. 231, sec. 208, 36 Stat. L. 1149; Oct. 22, 1913, c. 32, 38 Stat. L. 219.) Interlocutory injunction against order. determination by three judges. SEC. 47. No interlocutory injunction suspending or Commission's restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any order made or entered by the Interstate Commerce Commission shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, unless the application for the same shall be presented to a circuit or district judge, and -hearing and shall be heard and determined by three judges, of whom at least one shall be a circuit judge, and unless a majority of said three judges shall concur in granting such application. When such application as aforesaid is preConvening three- sented to a judge, he shall immediately call to his assistance to hear and determine the application two other judges. Said application shall not be heard or deterNotice of hear- mined before at least five days' notice of the hearing has been given to the Interstate Commerce Commission, to the Attorney General of the United States, and to such other persons as may be defendants in the suit: Provided, That in cases where irreparable damage would otherwise ensue to the petitioner, a majority of said judge court. ing. |