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may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or Commerce Court may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission.

While the Commerce Court has been abolished, the jurisdiction conferred thereon has been transferred to the District Courts, which makes the statute creating the Commerce Court of interest. See also Judicial Code, Sections 200 to 214, inclusive. For practice and procedure in the Commerce Court see Standard Encyclopedia of Procedure, Vol. 5, p. 153, article by the author hereof. The Commerce Court had no jurisdiction when the Commission refused relief to a shipper.-Hooker v. Knapp, 225 U. S. 302, 56 L. Ed. 1099, 32 Sup. Ct. 769. Right of Commerce Court to issue injunctions.-Int. Com. Com. v. B. & O. R. R. Co., 225 U. S. 326, 56 L. Ed. 1107, 32 Sup. Ct. 742.

§ 643. Commerce Court Abolished. The Commerce Court, created and established by the Act entitled "An Act to create a commerce court and to amend the Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, and for other purposes," approved June eighteenth, nineteen hundred and ten, is abolished from and after December thirty-first, nineteen hundred and thirteen, and the jurisdiction vested in Commerce Court by said Act is transferred to and vested in the several district courts of the United States, and all Acts or parts of Acts in so far as they relate to the establishment of the said Commerce Court are repealed. Nothing herein contained shall be deemed to affect the tenure of any of the judges now acting as circuit judges by appointment under the terms of said Act, but such judges shall continue to act under assignment, as in the said Act provided, as judges of the district courts and circuit courts of appeals; and in the event of and on the death, resignation, or removal from office of any of such

judges, his office is hereby abolished and no successor to him shall be appointed.

First paragraph of that section of the Appropriation Act which abolished the Commerce Court-Act approved Oct. 22, 1913, known as District Court Jurisdiction Act. The succeeding four sections are taken from the same Act.

§ 644. Venue of Suits on Orders of Interstate Commerce Commission. The venue of any suit hereafter brought to enforce, suspend, or set aside, in whole or in part any order of the 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.

Second paragraph of section of Act of October 22, 1913, abolishing the Commerce Court. (38 Stat. 219).

The former statute, being the first part of the 11th paragraph of Section 16, read:

The venue of suits brought in any of the circuit courts of the United States against the Commission to enjoin, set aside, annul, or suspend any order or requirement of the Commission shall be in the district where the carrier against whom such order or requirement may have been made has its principal operating office, and may be brought at any time after such order is promulgated. And if the order or requirement has been made against two or more carriers then in the district where any one of said carriers has its principal operating office, and if the carrier has its principal operating office in the District of Columbia then the venue shall be in the district.

where said carrier has its principal office; and jurisdiction to hear and determine such suits is hereby vested in such courts. First part of the eleventh paragraph of Section 16.

Jurisdiction under the old law of suits by the Commission. -Int. Com. Com. v. Tex. & Pac. Ry. Co., 57 Fed. 948, 6 C. C. A. 653, 20 U. S. App. 1, 4 I. C. R. 408; Int. Com. Com. v. So. Pac. Co., 74 Fed. 42.

Under the Hepburn law, Sanborn, Hook and Adams, Judges, announced this proposition:

"We refrain from expressing any opinion concerning what other jurisdiction, if any, is conferred upon this court by the broad and comprehensive language of the Hepburn Act, authorizing it to 'enjoin, set aside, annul or suspend any order or requirement of the Commission.' All we are required to hold, and all we do hold, is that this court has ample jurisdiction to set aside or suspend any order of the Commission resulting from a misconception and misapplication of a law to conceded or undisputed facts."-Stickney v. Int. Com. Com., 164 Fed. 638, 644. Rules announced in a suit to set aside an order of the Commission.-Judges Van Devanter, Hook and Adams, Mo., Kan. & Tex. R. Co. v. Int. Com. Com., 164 Fed. 645; C., R. I. & P. R. Co. v. Int. Com. Com. (Missouri River Rate case), 171 Fed. 680.

§ 645. Procedure in the District Courts.-The procedure in the district courts in respect to cases of which jurisdiction is conferred upon them by this Act shall be the same as that heretofore prevailing in the Commerce Court. The orders, writs, and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States; and the right of appeal from the district courts in such cases shall be the same as the right of appeal theretofore prevailing under existing law from the Commerce Courts. No interlocutory injunction suspending or 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 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 presented 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 determined 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.

First part of third paragraph of the section of Act of Oct. 22, 1913, abolishing the Commerce Court (38 Stat. 219-220). What force shall be given by the courts to orders of the Commission is a question discussed in Sec. 371, ante. See also Int. Com. Com. v. Chicago, R. I. & P. R. Co., 218 U. S. 88, 54 L. Ed. 946, 30 Sup. Ct. 651; Int. Com. Com. v. Chicago, B. & Q. R. Co., 218 U. S. 113, 54 L. Ed. 959, 30 Sup. Ct. 660; Int. Com. Com. v. Delaware, L. & W. R. Co., 220 U. S. 235, 55 L. Ed. 448, 31 Sup. Ct. 392; Int. Com. Com. v. Union P. R. Co., 222 U. S. 541, 56 L. Ed. 308, 32 Sup. Ct. 108; Int. Com. Com. v. Northern P. R. Co., 216 U. S. 538, 54 L. Ed. 608, 30 Sup. Ct. 417; Int. Com. Com. v. Louisville & N. R. Co., 227 U. S. 88, 57 L. Ed. 431, 33 Sup. Ct. 185. See also Sections 357, 358, 368, 369, 370, ante.

The Commission must grant a hearing which must be both adequate and fair, and the conclusions must not be contrary "to the indisputable character of the evidence."-Int. Com. Com. v. L. & N. R. Co., 227 U. S. 88, supra, citing cases.

§ 646. Temporary Restraining Orders.-Provided, That in cases where irreparable damage would otherwise ensue to the petitioner, a majority of said three judges concurring may, on hearing, after not less than three days' notice to the Interstate Commerce Commission and the Attorney-General, allow a temporary stay or suspension, in whole or in part, of the operation of the order of the Interstate Commerce Commission for not more than sixty days from the date of the order of the said judges pending the application for the order or injunction, in which case the said order shall contain a specific finding based upon evidence submitted to the judges making the order and identified by reference thereto, that such irreparable damage would result to the petitioner and specifying the

nature of the damage. The said judges may, at the time of hearing such application, upon a like finding, continue the temporary stay or suspension in whole or in part until decision upon the application. 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.

Second part of third paragraph of Section 4 of Act of Oct. 22, 1913.

§ 647. An Appeal to the Supreme Court from Interlocutory or Final Orders.—An appeal may be taken direct to the Supreme Court of the United States from the order granting or denying, after notice and hearing, an interlocutory injunction, in such case if such appeal be taken within thirty days after the order, in respect to which complaint is made, is granted or refused; and upon the final hearing of any suit brought to suspend or set aside, in whole or in part, any order of said Commission the same requirement as to judges and the same procedure as to expedition and appeal shall apply.

Third part of paragraph (3) of the section of Act Oct. 22, 1913, Title 28 U. S. C. A., Sec. 547.

The provision of the former law proviso to paragraph (12) of Section 16 of the Act to Regulate Commerce read:

Provided, That no injunction, interlocutory order or decree suspending or restraining the enforcement of an order of the Commission shall be granted except on hearing after not less than five days' notice to the Commission. An appeal may be taken from any interlocutory order or decree granting or continuing an injunction in any suit, but shall lie only to the Supreme Court of the United States: Provided further, That the appeal must be taken within thirty days from the entry of such order or decree and it shall take precedence in the appellate court over all other causes, except causes of like character and criminal causes.

Proviso of paragraph (12) of Section 16.

Preliminary injunction denied.---Delaware, L. & W. R. Co. v. Int. Com. Com., 155 Fed. 512; So. Pac. Ter. Co. v. Int. Com.

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