Page:United States Statutes at Large Volume 49 Part 1.djvu/1048

 74T H CONGRESS. SESS. I. CH. 824. AUGUST 30, 1935 . 10 03 The Commission shall keep a record of the evidence heard by it in Reco rd of proceed- in any proceeding to cancel or revoke the membership of any code member and its findings of fact if supported by any substantial evi- dence shall be conclusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States. When an alleged violation of the code relates to the provisions of part III of section 4 of this Act, the Commission shall accept as con- clusive the certified findings and orders of the Labor Board and inquire only into the compl iance or non compl iance of the code member with respect thereto. (c) Any producer whose membership in the code and whose right beR estor ation of m em- toa drawback on the taxes as provided under this Act has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the time during which it shall be found by the Commission that his violation of the code or of any regulation thereunder, the observance of which is required by its terms, shall have continued. In making its findings under this subsection the Commission shall state specifically (1) the period of time during which such violation continued, and (2) the amount of taxes required to be paid to bring about reinstatement as a code member. (d) Any code member who shall be injured in his business or suits by code me m- property by any other code member by reason of the doing of any ber producer. act which is forbidden or the failure to do any act which is required by this Act or by the code, may sue theref or in any district court of the United States in the district in which the defendant resides, or is found or has an agent, without respect to the amount in contro- Damages and casts. versy, and shall recover three-fold damages by him sustained, and the co st of suit, in cluding a rea sonable attor ney's fee. SEC. 6. (a) All rules, regulations, determinations, and promulga- be Rulie1eo>eKOfdistrict tions of any district board shall be subject to review by the Commis- sion upon appeal by any producer and upon just cause shown shall be amenab le to the order of the Commission ; and appeal to the Commission shall be a matter of right in all cases to every producer and to all parties in interest. The Commission may also provide rules for the determination of controversies arising under this Act by voluntary submission thereof to arbitration, which determination shall be final and conclusive. b) Any person aggrieved by an order issued by the Commission Review of order of ( Commission or Labor or Labor Board in a proceeding to which such person is a party may Board. obtain a review of such order in the Circuit Court of Appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within Petition to be filed. sixty days after the entry of such order, a written petition praying that the ord er of th e Commis sion or Labor Bo ard be m odified or set aside in whole or in part. A copy of such petition shall be forth- Serv ice of copy. with served upon any member of the Commission or Labor Board, as the case may be, and thereupon the Commission or Labor Board, as Certification and III- the case may be, shall certify and file in the court a transcript of urt°ecorracript of the record upon which the order complained of was entered. Upon Jurisdiction of court. the filing of such transcript such court shall have exclusive juris- dictio n to aff irm, mod ify, and enforce or set aside su ch order , in whole or in part. No objection to the order of the Commission or Consideration of ob. Labo r Board shall be conside red by t he court unless such obj ection jections. shall have been urged below. The fin din g of the Co mmi ssi on or Findings of fact. Labo r Board as to th e facts, if supp orted by substan tial evi dence,