Page:United States Statutes at Large Volume 48 Part 1.djvu/1122

 1096 73d C ONGRESS. SESS. II. CH. 652. JUNE 19, 1934. of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and Proc eeding s in suit. the order of the Commission in the premises. Such suit in the dis- trict court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent Attorney's fees. stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. Orders not for pay- ment of money. When effective. General provisions relating to proceedings. Designation of officer to hold hearings. Limitations on pow- er. Oral arguments be- fore Commission. Compulsion of testi- mony Witness fees. ( SEC. 409. (a Any member or examiner of the Comm ission, or the director o any division, when duly designated by the Com- mission for such purpose, may hold hearings, sign and issue sub- pena s, ad minis ter o aths, exa mine witn esses , and rec eive evide nce at any place in the United States designated by the Commission ; except that in the administration of Title III an examiner may not be authorized to exercise such powers with respect to a matter involving 1) a change of policy by the Commission, (2) the revocation of a station license, (3) new devices or developments in radio, or (4) a new kind of use of frequencies . In all cases heard by an examiner the Co mmissi on sha ll hea r oral argum ents on reque st of either party . (b) For the purposes of this Act the Commission shall have the powe r to requi re by sub pena the a tten dance and test imony of w it- nesses and the production of all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation . Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United Statess Attendance at place of hearing. (c) Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedi- ence to a subpena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in re quirin g the attend ance an d test imony of wit nesses and the production of books, papers, and documents under the provisions of this section. (d) Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any common carrier or licensee or other person, issue an order requiring such common carrier, licensee, or other person to appear before the Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order Order of district court requiring carrier to ap- pea r. ORDERS N .OT FOR PAY MENT OF MON EY- WIZE N E FFEC TIVE SEC. 408. Except as otherwise provided in this Act, all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days after service of the order, and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction. GENERAL PROVISIONS RELATING TO PROCEEDINGS-WITNESSES AND DEPOSITIONS