Page:United States Statutes at Large Volume 38 Part 1.djvu/754

 SIXTY·THIRD CONGRESS. Sess. II. C11. 323. 1914. 735 to appear at the place and time so fixed and show cause why an order should not be entered by the commission or board requiring such person to cease and desist from the violation of the law so charged in said complaint. Any lperson may make application, and upon good m§§g:{”_P°'“°’ "’“¥ cause shown may be al owed by the commission or board, to mtcrvene and appear in said proceeding bg counsel or in person. The testimony m any such proceeding sha. be reduced to writing and Bled in the office of the commission or board. If upon such hearing the com- ,,,g‘,‘,§§”§§,§ mission or board, as the case may be, shall e of the opinion that any W ¤¤••¤V*¤¤¤¤¤=··‘>· of the provisions of said sections have been or are being-nviolated, it shall make a report in writing in which it shall state its dings as to the facts, and shall issue an cause to be served on such person an order requiringfsuch person to cease and desist from such violations, and divest itse of the stock held or rid itself of the directors chosen contrary to the provisions of sections seven and eight of this Act if any there be, in the manner and within the time fixed by said order. Until a transcript of the record in such hearing shall have been filed P,,‘,§°,;‘}‘§‘;‘d2,‘f“ °‘ '°‘ in a circuit court of appeals of the United States, as hereinafter provided, the commission or board may at any time, upon such notice and in such manner as it shall deem rproper, modify or set aside, in whole or in part, any report or any o er made or issued by it under th-iISiSwtli0n• fls l b h d fth ` °”°°“’°°“"°‘° suc person ai orn ectstoo eysuc or ero ecommission ,,,,m",d,,}’j or board while the sameefs in effect, the commission or board may p:ii1$¤•¢i¤¤.•t¤- apply to the circuit court of appeals of the United States, within any circuit where the violation complained of was or is being committed or where such person resides or carries on business, for the enforcement of its or er, and shall certify and file with its a plication a transcript of the entire record in the proceeding, including all the ‘ testimony taken and the report and order of the commission or board. _ Upon such Hling of the application and transcript the court shall ,,,{,"""‘“°"'°"°‘°°‘*"‘· cause notice thereof to be served upon such person and thereupon shall have jurisdiction of the proceeding and of the question deterniined therein, and shall! have power to rparlig and eilpter upon the eadmgs`, testimony an proceedmgs' set o in suc transcri t a decree affirming, modifying, or setting aside the order of the comiiiission or board. The findings of the commission or board as to the °,§gg*”¤ °°¤°‘°"'° facts, if supported by testimony, shall be conclusive. If either party rmducum or addishall a ply to the court for leave to adduce additional evidence and "°°°‘°"d°°°°' shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable igrounds for the failure to adduce such evidence m the proceeding be ore the commission or board, the court may order such additional evidence to be taken before the commission or board and to be adduced upon the hearing in such manner and uipipn such terms and conditions as to the court may seem proper. e commission or board may modify ¤n*gL*g¤”°°·°°°·°' its findings as to the facts, or make new findings by reason of the addition evidence so taken, and it shall file such modified or new findings, which, if sup rted by testimony, shall be conclusive, and its recommendation, nfxduy, for the modification or setting aside of its original order, with the return of such additional evidence. The ’“d¤m°”*°¤°L judgment and decree of the court shall be final, except that the same c,§,_'“"' by S°P'°'¤° sha be subject_to review bay`- the Supreme Court upon certiorari as v¤1.as,p.us1. provided in section two hun ed and ortglof the Judicial Code. A H Any party required by such order of e commission or board to saa’Zp0r‘.i”Z§iZ°° t° °°° cease and desist rom a violation cha may obtain a review of such order in said circuit court of appeals filing in the court a written petition praying that the order of the commisdon or board be set aside. A copy of such petition shall be forthwith served xpon the P'°°‘““‘°·°‘°‘ commission or board, and thereupon the commission or be forth-