Page:United States Statutes at Large Volume 49 Part 1.djvu/1049

 1004 74TFI CONGRESS. SESS. T. CH. 824. AUGUST 30, 1935. Additional evidence. shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfac- tion of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission or Labor Board, the court may order such additional evidence to be taken before the Commission or Labor Board and to be adduced upon the hearing in such man- ner and upon such terms and conditions as to the court may seem Mod ifica tion of fi nd- proper. The Commission or Labor Board, as the case may be, may mgs of fact, modify its findings as to the facts, by reason of the additional evi- dence so taken, and it shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the Finality of judgment original order. The judgment and decree of the court, affirming, and decree. modifying, and enforcing or setting aside, in whole or in part, any such order of the Commission or Labor Board, as the case may be, Rev iew. IT.S. C., p.1271. shall be final, subject to review by the Supreme Court of the United S tates upon certiorari or certification as p rovided in sections 239 and 240 of the Judicial Code, as amended (U . S . C ., title 28, sets . 346 and 347). Commencement of The commencement of under thi s sub sect ion s hall not proce eding s not to stay pr oce edi ngs 9 commission's order. unless specifically ordered by the court, operate as a stay of the Commission's order. En om- missio's order. (c) If any code member fails or neglects to obey any order of the Commission while the same is in ef fect, the Commission in its discretion may apply to the Circuit Court of Appeals of the United States within any circuit where such code member resides or carries on business, for the enforcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and Jurisdiction of court. order of the Commission. U pon such filing of the applica tion and transcript the court shall cause notice thereof to be served upon such code member and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and pro- ceedings set forth in such transcript a decree affirming, modifying, Findings of fact. or sett ing asid e the o rder of the Com mission. The findin gs of th e Commission as to facts, if supported by substantial evidence, shall Additional evidence. be conclusive. If either party shall apply to the court for leave to adduce addition al evid ence, an d shall show t o the sa tisfact ion of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Mod ifica tion of fi nd- The Commission may modify its findings as to the facts or make ings of fact. y y new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which if supported by sub- st antia l ev idenc e sh all b e co nclus ive, and its recom mend ation, if any, for the modification or setting aside of its original order, with the Finality of judgment retu rn of s uch addi tional evidenc e. The judgment and decree of and decree. U.S.C.,p.1271. the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari or certification as Revie w. prov ided in section s 239 a nd 240 of the J udicial Code, a s amend ed (U. S. C., title 28, sets. 346 and 347). ( d) The jurisdiction of the Circuit Court of Appeals of the United States or the United States Court of Appeals for the District of Columbia, as the case may be, to enforce, set aside, or modify orders of the Commission or Labor Board shall be exclusive.