Page:United States Statutes at Large Volume 38 Part 1.djvu/739

 720 SIXTY-THIRD CONGRESS. Sess. II. Ch. 311. 1914. be of the opinion that the method of competition in question is prohibited by this Act, it shall make a report in writing rn which it shall state its findings as to the facts, and shall issue an cause to be served on such person, partnership, or corporation an order requiring such person, partnership, or corporation to cease and desist from M°`m°°“°°’°°°' using such method of competition. Until a transcript of the record in such hearing shall have been filed in a circuit court of appeals of the United States, as hereinafter provided, the commission maly at any time, upon such notice and rn such manner as it shall eem W, modify or set aside, in whole or in part, any report or any order EM t He ogh issued by it undgd this section. _ fads I b °'°‘“"°° · 0 _ su erson, artne p, or co oratron or neg ects to o e ¤¤$ii>l:>]§$t<il,x¤ipri•¤1‘;ir such order? of the gommission while Itlie same is in etlect, the commi; sion may apply to the circuit court of appeals of the United States, within any circuit where the method of competition in question was used or where such persona]-partnership, or corporation resides or carries on business, for the e orcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, includm all the testimony taken and the report and order ’“"“‘“°“°“· °*°· of the commission. gUpon such  of the application and transcript the court shall cause notice the to be served upon such person, partnershi, or corporation and thereupon shall have jurisdiction of the p and (pf the question Idetepmined therein, and shalt; have power to m e an enter upon the eadm` gs testimony, an pro- F I ceedings set forth in such transcript apdecree afiirming, modifying, or tram. g` setting aside the order of the commission. The iindrn? of the com M, mhion as to the facts, if supported by testimony, shall e conclusivell If either partg shall gpply to the court for leave to adduce additional evidence, an shall ow to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding _ efore the commission, the court mag order such additional evidence to be taken before the commission an to be adduced upon the hearing M M mm etc m such manner and ppon such terms and conditions as to the court by cmmisitt. " may seem proper. e commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and rt shall file such modihed or new findings, which, if supported by testimon, shall be conclusive, and its recommendation, of any, for the modli cation or setting aside of its original order, §§'$§§'§,°,§’,’?‘,,,,,,,,,,,, with the return of such additional evidence, The judgment and de- °¤{,¤g{· 36 lm cree of the court shall be final, except that the same s all be subject ' ’p' ‘ to review by the Supreme Court u n certiorari as provided in sec- A pucmm to M tron two hundred and forty of the fiodicial Code. mug mes. hnyfpprty required by such order of the commission to cease and desist m using such method of competition mggnobtain a review of such order m said circuit court of appeals by g in the court a Procedure Bm written petition praying that the order o the commission be set aside. ' A copy of such petition shall be forthwith served upon the commission, and ereupon the commission forthwith shall certify and file in the coprt a transcript of the record as hereinbefore provided. Upon the filing of the transcript the court shall have the same jurisdiction to affirm, set_as1de, or modify the order of the commission as in the case of an application by the commission for the enforcement of its order, and_ the findrnglso the commission as to the facts, if supported by Exc,us," jing testimony, sha _ rn like manner be conclusive. ggctfnicraf gr circuit The jurrsd1ctron_ of the circuit court of appeals of the United States “’°““‘ to pnforce, set aside, or modify orders of the commission shall be Pmcodu, exc usrve. 'M Such proceedings in the circuit court of appeals shall be given precedence over other cases pending therein, and shall be in every