Page:United States Statutes at Large Volume 36 Part 1.djvu/1173

 SIXTY—FIRST CONGRESS. Sess. III. Ch. 231. 1911. 1149 the States," approved February nineteenth, nineteen hundred and %1ree,daé·e authorized to be maintained in a circuit court of the nite tates. Fourth. All such mandamus proceedings as under the rovisions M¤¤d¤'}"‘¤P*°°°°d· bf section twenty or section twenty-three of the Act entiitled "An m%i51ii:i4ri;is5es. get dtgdreg1(§latel1c0mmerce," approtyeéi Februapy fouirth, [Eighteen v°l‘E" p‘8°2‘ un an eig t -seven, as amen e, are authorize to maintained in a circuit gourt of the United States. Nothing contained in this chapter shall  construed as enlarging L"“"““°“· the juris ction now possessed by the circuit courts of the Un1te Statlps 3:; the judggs thereof, that is hereby transferred to and vested in the mmerce ourt. . The jurisdiction of the Commerce Court over cases of the foregoing ,,,;Y;"“‘“°“°“ °’°’“‘ · classes shall be exclusive; but this chapter shall not affect the juris- Cailesnot included. diction possessed by any circuit or district court of the United States oyer cases or proceedings of a kind not within the above-enumerated c asses. Sec. 208. Suits to en`oin, set aside, annul, or sus nd any order §¤i*=*¤ ¤¤5¤i¤· ¤¢¤·· of the Intgstate Comriierce élomrgigsion shzglhbe hiipught  this gig;. . Commerce ourt ainst the United States. e n ency 0 suc Am, _5,2_ suit shall not of izgalf stay or suspend the 0 ratidiic of the order of P the Interstate Commerce Commission; but tg; Commerce Court, in its discretion, may restrain or suspend, in whole or in part, the operation of the comm1ssion’s order pending the final hearing and determination of the r‘is;1it.i lic ciider or inégnction sdijgestraining Emu; ,,,§Q{’“{,,"°‘s§‘§§’Q,,,‘{'§'l’f,',§l ndmg' an o r 0 the terstate mmerce mmission s P·¤¤·*>*¤ ¤m·¤¤· by the Commerce Court otherwise than upon notice and after hearing, except that m_cases where irreparable amagle would otherwise ensue to the petitioner, said court, or a judge thereof may, on hearing after not less than three days’ notice to the Interstate umu. Commerce Commission and the Attorney General, allow a temporary stfayhor plrlitsperésionén whole orb m part_of tpe opeiration oighe ordpr o the ers a e ommerce ommission or no more an sur days from the date of the order of such court or judge, pendinglapplf; cation to the court for its order or injunction, in w 'ch case the said order shall contain a specific finding, based upon evidence submitted to the judge making the order an identified by reference thereto that such irreparabe damage would result to the petitioner and specifying the nature of the damage. The court may, at the time of hearing such application, upon a like finding, continue the tempo- ceuaauanee. ra1·_y1_stay or suspension in whole or in part until its decision upon the a ication. pgizo. 209. The `urisdiction of the Commerce Court shall be invoked  P°‘“*°'“ ‘°' by filing in the office of the clerk of the court si written etition setting Amé. p.641. forth briefly and succinct] the facts constituting the petitioner’s S°"l°° °‘°°’i°" cause of action, and specigdng the relief sought. A copy of such petition shall be forthwith served by the marshal or a deputy marshal of the Commerce Court or b r 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 Hling 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 co y thereof maile to the petitioner’s attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication need be Noreplicatiometc. filed to the answer, and objections to the sufhciency 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