heretofore existing against or incurred by any person, corporation or association.

Section 15, Act June 18, 1910.

§ 634. Commission to Investigate Questions Pertaining to Issuance of Stocks and Bonds. That the President is hereby authorized to appoint a Commission to investigate questions pertaining to the issuance of stocks and bonds by railroad corporations, subject to the provisions of the Act to regulate commerce, and the power of Congress to regulate or affect the same, and to fix the compensation of the members of such Commission. Said Commission shall be and is hereby authorized to employ experts to aid in the work of inquiry and examination, and such clerks, stenographers, and other assistants as may be necessary, which employees shall be paid such compensation as the Commission may deem just and reasonable, upon a certificate to be issued by the chairman of the Commission. The several departments and bureaus of the Government shall detail from time to time such officials and employees and furnish such information to the Commission as may be directed by the President. For the purpose of its investigations the Commission shall be authorized to incur and have paid upon the certificate of its chairman such expenses as the Commission shall deem necessary: Provided, however, That the total expenses authorized or incurred under the provisions of this section for compensation, employees, or otherwise, shall not exceed the sum of twenty-five thousand dollars.

Section 16 of the Act of June 18, 1910.

§ 635. Injunctions Against Operation of State Statutes.That no interlocutory injunction suspending or restraining the enforcement, operation, or execution of any statute of a state "or in the enforcement or execution of an order made by an administrative board or commission acting under and pursuant to the statutes of such state," by restraining the action of any officer of such state in the enforcement or execution of such statute shall be issued or granted by any justice of the Supreme Court, or by any circuit court of the United States, or by any judge thereof, or by any district judge acting as circuit judge, upon the ground of the unconstitutionality of

such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit judge, or to a district judge acting as circuit judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the Supreme Court of the United States or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a justice of the Supreme Court of the United States, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, That one of such judges shall be a justice of the Supreme Court of the United States or a circuit judge. Said application shall not be heard or determined before at least five days' notice of the hearing has been given to the Governor and to the Attorney-General of the state, and to such other persons as may be defendants in the suit: Provided, That if of opinion that irreparable loss or damages would result to the complainant unless a temporary restraining order is granted, any justice of the Supreme Court of the United States, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall only remain in force until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be taken directly to the Supreme Court of the United States from the order granting or denying, after notice and hearing an interlocutory injunction in such case.

Section 266 of the Judicial Code, a new provision, being Section 17 of the Act of June 18, 1910, Ch. 309, 36 Stat. 557. Amended by Act March 4, 1913, Ch. 160, 37 Stat. 1013, which Amendment added after the word "statute" in the first sentence of the section the words "or in the enforcement or execution of an order made by an administrative board or commission acting under and pursuant to the statutes of such

state." See 28 U. S. C. A., Sec. 37. The purpose of the statute stated. Chicago, B. & Q. R. Co. v. Oglesby, 198 Fed. 153. See Ex Parte Young, 209 U. S. 123, 52 L. Ed. 714, 28 Sup. Ct. 441, 13 L. R. A. (N. S.) 932.

Held that the statute had no application to a city ordinance. -Cumberland Tel. & Tel. Co. v. Memphis, 198 Fed. 955; Sperry-Hutchinson Co. v. Tacoma, 190 Fed. 682; Birmingham Water Works v. Birmingham, 211 Fed. 497; Calhoun v. City of Seattle, 215 Fed. 226. Nor to a tax levied under a special law. Lykins v. Chesapeake & O. Ry. Co., 209 Fed. 573, 126 C. C. A. 395.

When the statute does apply.-Ex parte Metropolitan Water Co., 220 U. S. 539, 55 L. Ed. 575, 31 Sup. Ct. 600; Seaboard A. L. Ry. v. Railroad Commission of Ga., 213 Fed. 27; Louisville & N. R. Co. v. Garrett, 231 U. S. 298, 58 L. Ed. 229, 39 Sup. Ct. 48.

Cited as to right of appeal to Supreme Court.-Rail & River Coal Co. v. Yaple, 214 Fed. 273, 276. Death of the state officer defendant abates an appeal.-Pullman Co. v. Croom, 231 U. S. 571, 58 L. Ed. 375, 34 Sup. Ct. 182.

By Section 5, Act Jan. 28, 1915, Congress provided:

"No court of the United States shall have jurisdiction of any action or suit by or against any railroad company upon the ground that said railroad company was in operation under an Act of Congress.

§ 636. When Act Effective.-That this Act shall take effect and be in force from and after the expiration of sixty days after its passage, except as to Sections 12 and 16, which sections shall take effect and be in force immediately.

Public, No. 41, approved February 4, 1887, as amended by Public, No. 25, approved March 2, 1889; Public, No. 72, approved February 10, 1891; Public, No. 38, approved February 8, 1895; Public, No. 337, approved June 29, 1906; Public Res., No. 47, approved June 30, 1906; Public, No. 95, approved April 13, 1908; Public, No. 262, approved February 25, 1999; Public, No. 218, approved June 18, 1910; Public, No. 337, approved August 24, 1912; Public, No. 400, approved March 1, 1913;

Public, No. 48, approved January 20, 1914; and Public, No. 161, approved August 1, 1914.

Section 18 of Act of June 18, 1910.

§ 637. Parties Defendant Other than Carriers in Suit to Enforce Provisions of Act. That in any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers.

Section 2 of the original Act of February 19, 1903 (Elkins Act).

In 1888 the Commission held that it was proper to make parties all carriers interested in a through rate, though the complaint was not defective if only the initial carrier was a party.-Hurlburt v. Lake S. & M. S. R. Co., 2 I. C. C. 122, 2 I. C. R. 81.

§ 638. Equitable Proceedings May Be Instituted by the Commission to Restrain Discrimination or Departure from Published Rates. That whenever the Interstate Commerce Commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic between given points at less than the published rates on file, or is committing any discriminations forbidden by law, a petition may be presented alleging such facts to the circuit court of the United States sitting in equity having jurisdiction; and when the Act complained of is alleged to have been committed or as being committed in part in more than one judicial district or state, it may be dealt with, inquired of, tried, and determined in either such judicial district or state, whereupon it shall be the duty of the court summarily to inquire into the circumstances, upon such notice and in such manner as the court shall direct and without the formal

pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States, whenever the Attorney-General shall direct, either of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such proceedings and the proceedings provided for by this Act shall not preclude the bringing of suit for the recovery of damages by any party injured, or any other action provided by said Act approved February fourth, eighteen hundred and eighty-seven, entitled "An Act to regulate commerce and the Acts amendatory thereof."

First part of Section 3 of the Act of February 19, 1903, (Elkins Act), as originally enacted.

Prior to this Amendment suit could be maintained in the name of the United States to enjoin discrimination.-United States v. Mo. Pac. R. Co., 65 Fed. 903, 5 I. C. R. 106; affirmed by circuit court of appeals without written opinion; reversed, holding that prior to Elkins Act such suit could not be maintained, Mo. Pac. R. Co. v. United States, 189 U. S. 274, 47 L. Ed. 811, 23 Sup. Ct. 507; United States v. Atchison, T. & S. F. Ry. Co., 142 Fed. 176, 185, 186. Prior to this Act a shipper could enjoin a discrimination prior to action by the Commission. Interstate Stock Yards v. Indianapolis U. Ry. Co., 99 Fed. 472, 483. Cited by Supreme Court.-192 U. S. 568, 570, 48 L. Ed. 565, 569, 24 Sup. Ct. 339. Under this Act violations. occurring prior to its passage could be enjoined.-United States v. Mich. Cent. R. Co., 122 Fed. 544. May enjoin giving rebates.-United States v. Milwaukee Refrigerator T. Co., 145 Fed. 1007, 1010, citing Swift & Co. v. United States, 196 U. S. 375, 49 L. Ed. 518, 25 Sup. Ct. 276. Suit prosecuted under section.-Armour Packing Co. v. United States, 209 U. S. 56, 52 L. Ed. 681, 28 Sup. Ct. 428. May enjoin giving transporta