§ 555. "Wilfuly" construed.-For case construing the word "wilfully" as used in the statute, see U. S. v. A., T. & S. F. R. Co., 166 Fed. 160; N. Y. Cent. & H. R. Co. v. U. S., 165 Fed. 833, first circuit; Houston, etc., Co. v. U. S., 168 Fed. 895; U. S. v. Sioux City, etc., Co., 162 Fed. 556; U. S. v. Union Pacific R. Co., 169 Fed. 65; M. K. & T. R. Co. v. U. S., 178 Fed. 15.

§ 556. Who subject to the act.-In U. S. v. St. Joseph Stock Yards Co., 168 Fed. 625, it is held that a stock yard company doing what is known as the terminal business was held subject to the provisions of the act; to the same effect is U. S. v. Sioux City Stock Yards Co., 162 Fed. 556.

§ 557. Place of brining suits.-As to the place of bringing suit, see Southern Pacific R. Co. v. U. S., 171 Fed. 364; St. L. & St. F. R. Co. v. U. S., 169 Fed. 69, eighth circuit.

8558. Procedure-Unit of offense.-In B. & O. S. W. R. Co. v. U. S., 220 U. S. 94, 55 L. Ed. 384 (1911), the act was construed by the supreme court modifying the decision of the United States Circuit Court of Appeals of the 6th Circuit, 159 Fed. 33, and it was held that but one penalty could be recovered against a carrier for the loading, and that other separate and distinct penalties accrued, as the time for the lawful confinement of the cattle loaded at later periods successively expired. The court said that the statute was not primarily intended for the benefit of the owners but to prevent cruelty to animals in transit. The court also held that the aggregate sum of the possible penalties is the amount in dispute for the purpose of sustaining the appellate jurisdiction of the supreme court; and that the circuit court may properly consolidate under U. S. R. S. 921 several actions by the United States against a carrier to recover the penalties prescribed by this act.

6. Report of Accidents' Act.

7. Rules of Practice before the commission.

8. Forms of procedure of commission.

9. Rules of practice of the commerce court.

10. The Report of National Securities Commission (1911).

THE COMMERCE COURT ACT OF 1910.

(Commerce Court and other additional provisions in the Act of June 18, 1910.) (SEC. 1.) That a court of the United States is

[Creation and jurisdiction of commerce court.]

hereby created which shall be known as the Commerce Court and shall have the jurisdiction now possessed by circuit courts of the United States and the judges thereof over all cases of the following kinds:

[Cases to enforce commission's orders.]

First. All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money.

[Cases to annul commission's orders.]

Second. Cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission.

[Certain cases under Elkins Act.]

Third. Such cases as by section three of the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of the United States.

[Mandamus proceedings.]

Fourth. All such mandamus proceedings as under the provisions of section twenty or section twenty-three of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, as amended, are authorized to be maintained in a circuit court of the United States. [Circuit court jurisdiction given to commerce court.]

Nothing contained in this Act shall be construed as enlarging the jurisdiction now possessed by the circuit courts of the United States or the judges thereof, that is hereby transferred to and vested in the Commerce Court.

[Exclusive jurisdiction.]

The jurisdiction of the Commerce Court over cases of the foregoing classes shall be exclusive; but this Act shall not affect the jurisdiction now possessed by any circuit court or district court of the United States over cases or proceedings of a kind not within the above-enumerated classes.

[Composition of commerce court.]

The Commerce Court shall be a court of record, and shall have a seal of such form and style as the court may prescribe. The said Court shall be composed of five judges, to be from time to

[Term.]

time designated and assigned thereto by the Chief Justice of the United States, from among the circuit judges of the United States, for the period of five years, except that in the first instance the Court shall be composed of the five additional circuit judges to be appointed as hereinafter provided, who shall be designated by the President to serve for one, two, three, four, and five years, respectively, in order that the period of designation of one of the said judges shall expire in each year thereafter.

[Vacancies.]

In case of the death, resignation, or termination of assignment of any judge so designated, the Chief Justice shall designate a circuit judge to fill the vacancy so caused and to serve during the unexpired period for which the original designation was made. After the year nineteen hundred and fourteen no circuit judge shall be redesignated to serve in the Commerce Court until the expiration of at least one year after the expiration of the period of his last previous designation. The judge first designated for the five-year period shall be the presiding judge of said court, and thereafter the judge senior in designation shall be the presiding judge.

[Salary.]

Each of the judges during the period of his service in the commerce court shall, on account of the regular sessions of the court being held in the city of Washington, receive in addition to his salary as circuit judge an expense allowance at the rate of one thousand five hundred dollars per annum.

[Five additional circuit judges.]

The President, shall, by and with the advice and consent of the Senate, appoint five additional circuit judges no two of whom shall be from the same judicial circuit, who shall hold office during good behavior and who shall be from time to time designated and assigned by the Chief Justice of the United States for service in the circuit court for any district, or the circuit court of appeals for any circuit, or in the commerce court.

The associate judges shall have precedence and shall succeed to the place and powers of the presiding judge whenever he may be absent or incapable of acting in the order of the date of their

[Quorum.]

designations. Four of said judges shall constitute a quorum, and at least a majority of the Court shall concur in all decisions.

[Clerk and marshal.]

The Court shall also have a clerk and a marshal, with the same duties and powers, so far as they may be appropriate and are not altered by rule of the Court, as are now possessed by the clerk and marshal, respectively, of the Supreme Court of the United States. The offices of the clerk and marshal of the Court shall be in the city of Washington, in the District of Columbia. The judges of the Court shall appoint the clerk and marshal, and may also appoint, if they find it necessary, a deputy clerk and deputy marshal; and such clerk, marshal, deputy clerk, and deputy marshall shall hold office during the pleasure of the Court. The salary of the clerk shall be four thousand dollars per annum; the salary of the marshal three thousand dollars per annum; the salary of the deputy clerk two thousand five hundred dollars per annum; and the salary of the deputy marshal two thousand five hundred dollars per annum. The said clerk and marshal may, with the approval of the Court, employ all requisite assistance.

[Costs and fees.]

The costs and fees in said Court shall be established by the Court in a table thereof, approved by the Supreme Court of the United States, within four months after the organization of the Court; but such costs and fees shall in no case exceed those charged in the Supreme Court of the United States, and shall be accounted for and paid into the Treasury of the United States.

[Regular sessions in Washington.]

The Commerce Court shall always be open for the transaction of business. Its regular sessions shall be held in the city of Washington, in the District of Columbia; but the powers of the Court or of any judge thereef, or of the clerk, marshal, deputy clerk, or deputy marshal may be exercised anywhere in the United States; and for expedition of the work of the Court and the avoidance of undue expense or inconvenience to suitors the Court shall hold sessions in different parts of the United States as

[Expenses of court.]

may be found desirable. The actual and necessary expenses of judges, clerk, marshal, deputy clerk, and deputy marshal of the Court incurred for travel and attendance elsewhere than in the city of Washington shall be paid upon the written and itemized certificate of such judge, clerk, marshal, deputy clerk, or deputy marshal by the marshal of the Court, and shall be allowed to him in the statement of his accounts with the United States.

[Sessions may be held in other places.]

The United States marshals of the several districts outside of the city of Washington in which the Commerce Court may hold its sessions shall provide, under the direction and with the approval of the Attorney-General of the United States, such rooms in the public buildings of the United States as may be necessary

for the Court's use; but in case proper rooms can not be provided in such public buildings, said marshals, with the approval of the Attorney-General of the United States, may then lease from time to time other necessary rooms for the Court.

[Assignment of judges.]

If, at any time, the business of the Commerce Court does not require the services of all the judges, the Chief Justice of the United States may, by writing, signed by him and filed in the Department of Justice, terminate the assignment of any of the judges or temporarily assign him for service in any circuit court or circuit court of appeals. In case of illness or other disability of any judge assigned to the Commerce Court the Chief Justice of the United States may assign any other circuit judge of the United States to act in his place, and may terminate such assignment when the exigence therefor shall cease; and any circuit judge so assigned to act in place of such judge shall, during his assignment, exercise all the powers and perform all the functions of such judge.

[Other powers of the commerce court.]

So

In all cases within its jurisdiction the Commerce Court, and each of the judges assigned thereto, shall, respectively, have and may exercise any and all of the powers of a circuit court of the United States and of the judges of said Court, respectively, far as the same may be appropriate to the effective exercise of the jurisdiction hereby conferred. The Commerce Court may issue all writs and process appropriate to the full exercise of its jurisdiction and powers and may prescribe the form thereof. It may also, from time to time, establish such rules and regulations, concerning pleading, practice, or procedure in cases of matters within its jurisdiction as to the court shall seem wise and proper. Its orders, writs, and process may run, be served, and be returnable anywhere in the United States; and the marshal and deputy marshal of said Court and also the United States marshals and deputy marshals in the several districts of the United States shall have like powers and be under like duties to act for and in behalf of said court as pertain to United States marshals and deputy marshals generally when acting under like conditions concerning suits or matters in the circuits of the United States.

[How jurisdiction invoked.]

The jurisdiction of the Commerce Court 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 peti

[Petition.]

tioner'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 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