Page:United States Statutes at Large Volume 36 Part 1.djvu/567

 SIXTY-FIRST CONGRESS. Sess. II. Ch. 309. 1910. 543 of the commission’s order pending the final hearing and determination of the suit. No order or injunction so restraining or suspending S,g;f'§g’°’§;§€,§§Sg;i’éj an order of the Interstate Commerce Commission shall be made by parable damage. the commerce court otherwise than u on notice and after hearing, except that in cases where irreparable djamage 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 Commerce Commission and the Attorney—General, allow a temporary stay or suspension '·“m° Humin 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 such court or judge, pending application to the court for its order or in'unction, in which case the said order shall contain a specific finding, based u on evidence submitted to the judge making the order and identified lby reference thereto, that such irreparable damage would result to the petitioner and specifying the nature of the damage. The court may, at the time of hearing such applica- E¤¢€¤¤i¤¤- ·tion, upon a like finding, continue the temporary stay or suspension in who e or in part unti its decision upon the ap lication. Sec. 4. That all cases and proceedings in tfie commerce court Stfgfggioftfgmjgg which but for this Act would be brought by or against the Interstate Commerce Commis- Commerce Commission shall be brought by or against the United S‘°“"‘ ”“°°S°S’ . States, and the United States may intervene in any case or proceeding in the commerce court whenever, though it has not been made a party, public interests are involved. Sec. 5. That the Attorney-General shall have charge and control of c0{1Lg{¤a*{{f§_;g_¤¤*w the interests of the Government in all cases and roceedings in the ` commerce court, and in the Supreme Court of the Illnited States upon appeal from the commerce court; and if in his opinion the pu lic e,_§P°tj=)*#_L_,s*;_**°m°Y¤ 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 urposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent upon him and his subordinate attorneys; and °°'°P°“*“°“· the Attomey-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 pxurpgses, and shall have su ervision of their action: Promkled, That t 0 ter- f,’;)°;’g{;mce°,c0m_ state Commerce Commission and any party or parties in interest to m1s»1¤¤,e¤¢. the proceeding before the commission, inwhich an order or require- _ ment 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 re uirement 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, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination of such suits: Provided farther, That m§°,?§§§€§,v§{,‘§?'“‘°° communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Interstate Commerce Commission, or in any suit which may be brought bv any- one under the terms of this Act, or the Acts of which it is amendatory or which are amendatory of it, relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at ' ally time after the institution thereof, and the Attomey-General shall ogfighw °f i“°°“°”' not dispose of or discontinue said suit or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or mtervenors may prosecute, defend, or continue said suit or proceeding unaffected by the action or nonaction of the Attomey—General of the United States therein.