Page:United States Statutes at Large Volume 37 Part 1.djvu/1012

 SIXTY-SECOND CONGRESS. Sess. III. Ch. 150. 1913. 989 as it may deem fair and reasonable imder the circumstances: Pro- P*••*··•· ended, That no appeal, nmless the court or the commission shall so “°°*°'°"°°" order, shall operate to stay any order of the commission: And vided further That said commission shall not, nor shall any of its ¤.,°,$,“},,1‘,,*'*,,$_'°"°'°" members, officers, agents, or employees, be taxed with any costs, ' nor shall they or any of them be required to give any supersedeas bond or security for costs_or on any appeal whatsoever. Said N¤¤¤¤¤¤*!*¤¤ ¤··¤- commissron, or any of nts mem, omcers, ents, or employees `°°°'°°°' shall not be hable to suit or action or for any jiiggment or decree for any damages, loss, or mjury claimed ly any public utility or rson, norreqmredmanycasetomakeany epositforcosts orpayiigany gzriige to the clerks of any court or to the marshal of the United a. Par. 65. That every proceeding, action, or suit to set aside vacate ¤‘¤¤·¤¤¤¤M>n¤¤¤¤• or amend any determination or order of the commission, or to enjoiri $”?i.Y”°°” °‘ °°°` the enforcement thereof, or to prevent in any way. such .or~der or determmation from becoming effective shall be commenced, and every appealto the courts or rightcfrecourseto thecoiirtsahallbe taken or exercised, within one undred and twenty days after the entry or rendition of such order or determination, and the rigit to commence any such action, proceeding, or suit, or to take or exch c1seanysuchtaIppealorrigitofrecomseto thecomts,shallteiminate absolutely at e end of such one hundred and twenty days. Par. 66. That no  shall imue suspending or staglpg any ,,'§.§,,'f '”W°°“"' order of the commission exc?t upon a plication to the preme Court of the District of (lolnm ia or a  thereof, and only upon notice to the commission and after hearing ad. Par. 67. That if upon   of such proceeding or suit evidence shall   ,,, M, be introduced by theiplaintiif which is found by the court to be differ- •v¤¤¤¤¤. ent from that offer xépon the hearing before the commission or_1ts authorized ent, or a ditional thereto, the court, before proceeding to render jilggment, unless the parties to such action_ stipulate m T bm  to the contrary, shall transmit a copy of such 0V1d01'l¢0_I»0 the mama. commission, and shall stay further proceedings m said proceeding for fifteen days from the date of such transmission. Upon therecenpt ,,,,Q,‘j,*,,":,,,,‘f"‘°" "' of such evidence the commission shall consider the same and may alter, modify, amend, or rescind its order relating to such valuation, rate or rates, tolls, charges, schedules, joint rate or rates, time schedules, regulations, uct, or service complained of in said action, and shall report its action thereon to said court withm ten days from ""°"‘°°°"" receipt of such evidence. _ _ _ Par. 68. That if the commission   1ts order complained §“$,°,§,${ "’,‘,§,°},E‘,;,,,,,,_ of the proceedingnr suit shall be dismissed; if it shall alter, modify •¤- or amend the same, such altered, modified, or amended order shall take the place of the original order com lamed of  Judgment shall be rendered thereon as though made Iizywthe commission m the first instance. If the original order shall not rescinded or changed 11¤r¢¤¤¤¢c¤¤¤¢¤<L by the commission, 'udgment shall be rendered upon such original order, and costs shall be taxed as may be deemed proper under the circumstances. _ _ _ r Par. 69. That in all trials, actions, and proceedings arising under £‘§§",g§,*’{,§’$ the provisions of this section or growing out of the exercise of the ¤· authority and powers granted herein to the comm1ssion,_the burden of proof shall be u n the party adverse to such commission or seekuig to set aside any Hgtermination, requirement, directmn, or order of sai commission to show by clear and satisfactory evidence that the determination, requirement, direction, or order of the commission complained of is inadequate, unreasonable, or unlawful, as the case ma be. grr. 70. That no person shall be excused from testifying or from ,m’g•,5•,,’;’•,,,Kf*°¤°°° producing books, accounts, and papers in any proceeding based upon