Page:United States Statutes at Large Volume 48 Part 1.djvu/1119

 73d C ONGRESS. SESS. II. CH. 652. JUNE 19, 1934 . 1093 wise, to restrain such person or the officers, agents, or representatives of •such person, from further disobedience of such order, or to enjoin upon it or them obedience to the same. c Upon the request of the Commission it shall be the du t of Ins titution of pro y ceedings for punishing any district attorney of the United States to whom the Commission vio lations. may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all neces- sary proceedings for the enforcement of the provisions of this Act Costs. and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States. (d) The provisions of the Expediting Act, approved February 3sVol.32p . 823 vol 115 7 il l 1903, as amended, and of section 238 (1) of the Judicial Code, as amended, shall be held to apply to any suit in equity arising under Title II of this Act, wherein the United States is complainant. PROCEEDINGS TO ENFORCE OR SET ASIDE THE COMMISSION'S ORDERS- APPEAL IN CERTAIN CASES SEC. 402. (a) The Provisions of the Act of October 22, 1913 (38 vis E ios cement of, pTe- Stat. 219), relating to the enforcing or setting aside of the orders Vol. 38, p.219. of the Interstate Commerce Commission, are hereby made applicable to suits to enforce, enjoin, set aside, annul, or suspend any order of the Commission under this Act (except an y order of the Commix- Orders excepted . sion granting or refusing an application for a construction permit for a radio station, or for a radio station license, or for renewal of an existing radio station license, or for modification of an existing radio station license), and such suits are hereby authorized to be brought as provided in that Act. (b) An appeal may be taken, in the manner hereinafter provided, Ap pe als from. from decisions of the Commission to the Court of Appeals of the Distric t of C olumbi a in a ny of the fo llowing cases (1) By any applicant for a construction permit for a radio sta- tion, or for a radio station license, or for renewal of an existing radio station license, or for modification of an existing radio station license, whose application is refused by the Commission. (2) By any other person aggrieved or whose interests are adversely affected by any decision of the Commission granting or refusing any such application. (c) Such appeal shall be taken by filing with said court within ~a~ g of appeal ; pro- twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the Commission. Unless a later date is specified by ~, ~ne 'omPfneado - the Commission as part of its decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the Commission in the city of Washington. The Commission shall thereupon immedi- m ~Noti of app eal ; ately, and in any event not later than five days from the date of such service upon it, mail or otherwise deliver a copy of said notice of appeal to each person shown by the records of the Commission to be interested in such appeal and to have a right to intervene Persons having right therei n unde r the provis ions o f this sectio n, and shall at al l time s thereafter permit any such person to inspect and make copies of the appellant's statement of reasons for said appeal at the office of the Commission in the city of Washington. Within thirty days after ing eofevidence e upo n 'n - the filing of said appeal the Commission shall file with the court application by Com- the originals or certified copies of all papers and evidence presented mission. to it upon the application involved, and also a like copy of its deci- sion the reon, and shall wi thin thir ty days thereafte r file a full stat e- Commission orders.