Page:United States Statutes at Large Volume 44 Part 1.djvu/883

 MTE} TITLE 28.———JUD1CIA.L ·~ a.; a.`3S!i9; Mar. 3.1911, e. 231, § 207, 36,Smt. 11-18; Oct. 22, ,_·, ::2, 38 Stat;'219.) ‘ ~ —— · _ $13. Original ju gsdiction of action by.or against corporation f;5,~(§‘nl`3t€d und§§T Act `cf C0ngr€SS•**NO    shall M e jurisdiction 0 any action or suit by or against any ce1·— » miegn upmitlxe grouml that it was incmpnrated by or under me nf_Cu¤;1,'reSS. This section shall not apply to any suit, ‘_  a,a,“_ la- preeewling brought by or against a corporation in- . .; ;e.r·atwl by or under an Act of Congress wherein the Govern- ze of ihg Fniied States is°tl1e owner of $110re* tlmn Ollfkhillf »; in ugdtal steak. (Feb. 13, 1925, c. 229, § 12, 43_Stat. 2 J.; — · . — ttl. Venue of suits relating to orders of Interstate Commerce £emmission.»——'l`he venue of any suit brought to enforce; suswmi. tw aet aside; in whole or‘in part, &1of0rder et ihe Inter- Q.lz‘·—· ('mx1nu·1jee Fmmnission shall be ju the judicial district au-;·l·ia.is the residence of the party. or anyef the p";u·ties_upon_ w2‘,··»l· petition the order was made, eacept that ‘where_the ··:=1·~r· does uotrelate to transportation or is not made upmrtlne we waiter complainedlof in the pc·titien,bqfo the commission lu za·:a'uap<»rtati<nx or to a_ matter so- complained _0f· before the .·.·mmissil»n the matter ccrverpel by the order shall be deemed 1~·· arise in theelistriet where cine of the petitioirerseirn court! ll.;< eiahjer its pria<·ipul office or its prineipa1l___npera_tin,<: tlico. In ease such. transportation relates to a`tl1ruugh shipm the s€·:·m €‘¢le·stinatir»a" shall be construed as xneaningzsziina lea- ._1izl:u_i·»u of such shipment. (Oct. 22. 1913, 0. 32, 38 Stat. _. .)_ 44. Procedure in certain cases.——»'1‘he' pr¢¤·edm·e» in the diatrivt courts in respect to cases of which -juri§dic·tion_ is· ooh-_ zu-m_»<l upon them by subdivisions 27 and 28·of section 41 of mia title, and sections 20, and 43 of €1‘ifle 49, shall vena provided ` in sw-t·iea 45 of this title. The orders, write, and processes of the district courts may in these cases run, be 'served, and lu- returnable anywhere in the United States; (Oct. 22, 191,3, e. :::2. 38 Stat. 220; Feb. 13; 1925.3:. 2:9, §`1,‘ 43 Stat._93S,) ` 45. `(Judicial Code, seetioxn 209.) District courts; practice `·» zmrd procedure in. certain cases.-—-—'1‘he` jurisdiction of rlnellistrivt _ murza of cases brought under subdivisions 27 and 28 of section 41 caf this title, axxdaeetloas 20 and 43 of Title 49, shall he inmkell by filing in the efiiee of the clerk of the court a written ,1¤·¤jti¤m_ aettiag ferthibrieily and succinctly the facts consritmiag the petltionefs cause of action, and specifying the relief aoaglxt. A` copy of such petition shall .be forthwith s¤,·r~,·ed by the marshal or a deputy marshal of the district <·aa¤x·a er by the proper-United States marshal or deputy marshal upon every defendant therein named, and when the United
 * .,—;izi·»n of any party the venue shall be in' the diétrietjwhere
 * mée<. and except that where the order‘d0e;$\t‘relate eitiher
 * <mte§ is a party defendant, the service shall be made by-

ming a eopy of said petition ju theoffice of tl1c_a<»<·retary of lllelntoratate Commerce Commission aad in the Department of Justice. .Wltl1i:1‘ thirty days after the petition is served, _1mleaa_tbat time ia extended by ordeaof th€_CU\lI't. or a judge. thereof, an answer to the petition shall be tiled in the elerk’a wiiiee. and a. copy thereof ,1-nailed to the petltionexfs attorney, which answer elxall briedy and categorically respond to the allvgzatioaa of the petitioix. No replleatlou need be Bled to the . :1aswrr,_a11d objeetieaa to the aufilcieuey of the petition or v_ answer aa not settixig forth A cause ofactioa or defense must be taken at the anal hmrlng or by action to  alas the petition based ea said grounds, wbicly motion ma be made at any time before answer is died. In ease ho axiswer aball he aled  provi@d herein the petitioner- may apply to the mart ea aotlee for such relief he may be proper upon the facts alleged in    The eeart may, by I'11I&,•}H‘&C1‘iH6 the method or taH¤g`¤é§1deuce in cam pending, in said court. `In all other respects, the practice and procedure ébalémconform as nearly as may  to`tbat in lihavmxsjia A dis   t. `¢0\1l‘t

coun .4.vD JCDICIARY §l 48 of thelfnitecl $tates. (June 18, 1910, c. 309, § 1, 36 Stat. 5:19; Mar. 3, 1911, c. 231, § 209, 36 Stat. 1149; Oct. 2.2, 1913, 0. 32, 38 Stat. 219.). l I. t 46. (Judicial Code, section 208.)` Suits to’gnjoin_ orders of Interstate Commerce Commission to be against United States.·———Suits to enjoin, set asiile, amml, or suspend any (!i’(l?‘I' of the Interstate Comme1‘c;e'C<»1111nission shall.be‘ brought in the districtcourt against the United States. The pemleney of suvh suit shall not of itself stay or suspend the epmtation of the ~ o1‘tler‘ of the Interstate Commerce Commission; but the court, in its discretion, may restrain or suspend, in atholo or in part, the operation of the commissions order pending the final learing and determimltion of the suit. (June 13, 1910, te. 30{»,2§ 3, 36 Stat. .542; Mar. 3, 1911, e.~-231,—§ 208, 36 Stat. 1149.) ` 47. Interlocatory ipjzinctions as to orders of Interstate Commerce Commissitin; appealto Supreme Com·t.——No interlocutory injunction suspending or restraining the enforcement, operation, or execution of,  setting asideiin {allele or in, nart, " any oxjclef made or entered by the Interstate Commerce Con} mission shall be issued or. granted by any district eonrt eof the `United States, or by any judge thereof, or by any circuit jntlge acting as district jut1;:e,unl_ess°the application for the same shall be presented dto a (3i1`ClIit_(llI_ tlistrict judge, and shall be heard 11Rd·(]Ql',(?l;1l`liI1€(] bythree judges, of whom at least one shall be a _ circuit judge, and unless a_ niajority of S{lit]__U1lj0t?; jntlges shall concur 'iIl—'g`1`8l'1ti1lg SU(h‘1t[)[)11C2].t10I1.`· V When, such application as aforesaid is presenteelg to a judge, he shallimnxediatelyt call to his assistance to hear and d·€tQI°IDil1é_th€ application two other judges. `Said application shall not;. be heard on determined be- `foi·e'at least five‘d_ays" notice of the lxeamxg has been given to h the-Interstate Commerce Comimssion, to the.Atto»§·ney General of the United States, and to_such`o.the1? persons as may be defendants in the saitl _ In eases where irreparable damage would _otherwise ensue to the ;petitioner, amajority of said three judges concurring, may, ou. heating, after not less than three days` notice t0'l])Q·IIlt€'fS[&1tt! Commerce Commission and the Attorney` General, allow a. tqmporary stay or suspension, in whole or in part, of- the operation of the order of the Intefstate ' Commerce Commission for not more than sixty days from the date of the order of said judges pending the application fork jthe otgler or°§§;gt1u<·tio1i, in which `case the saitl order shall eontai;>a specificliutling, based upon evidence submitted to_ the judgee nnaking the order and identified by reference theneto, that such irrepatabl\—2_.dalm:1ge would result to the petitioner and specifying the nature.of the damage. The said judges m:;`y, at the time of bearing such. application, upon a like tlnding, continue the tempor:1ry.st:1y·¢»r suspension fn whole or in part until decision upon the application. The hearing upon such applieation for an iuterlecntoryinjunction shall be given precedence and shall be in everpway expedited and be assigned for: a hearing at the‘earliesfpracticable day `after the expiration of the notice hereinbefnre prmrlded, for. An appeal may be taken direct to the- S\1[)i‘€lI16 Court of the lfnited States from - the order granting or denying,.a£ter notice and Qhearing, an interlocutory injunction, in sneh case it sneh appeal be taken. within thirty days after the order, in respect to which complaint is made, is granted er r<L·fuse<.l;¢;1ml upon, the final hearing of any suit broagl1t to suspend or set aside, inwhole oz: in`pm·t, any order of said commission the S8:11}€·FQt]llll'€E§1€l1C as to jadges — anti the same procedure as totexpedition, and appeal shall apply. (Oct. 22, 1913, c. 32, 38 Stat; 220.) " _ . ‘_ ` 48. (Jndieid Code, section 211.) $,uits to be against United v States; intervention by United States;———-All ‘cases`and proveetlings breaght nnder subdivisions 27 and 28 ofsection 41 ot this _title,__and sections 26 and 43 of Title 49 shall be brought by or against the United States, and the United States may intervene in any ease or`-proceeding whenever, though it has not been made a party, public interests are involved. (June 18,1910,