Page:United States Statutes at Large Volume 49 Part 1.djvu/78

 74TH CONGRESS. SESS. I. CH. 18. FEBR UARY 22, 1935 . 33 such certificate to be invalid or to have been issued as a result of fraud or misrepresentation of fact, or (2) such carrier, as respects any shipment originating in any area where certificates of clearance are not required under authority of this Act, had no reasonable ground for believing such petroleum or petroleum products to constitute contraband oil. SEc. 9 . (a) Any board established under authority of section 5, and ingsee c .gauthoc e d , a ny agency designated under au thority of section 1 1, may hol d and conduct such hearings, investigations, and proceedings as may be necessary for the purposes of this Act, and for such purposes those provisions of section 21 of the Securities Exchange Act of 1934 Vol. 48, P. 899, relating to the administering of oaths and affirmations, and to the attendance and testimony of witnesses and the production of evi- dence (including penalties), shall apply. (b) The members of any board established under authority of poin Board tm enmem bers ; ap- Section 5 shall be appointed` by the President, without regard to the civil service laws but subject to the Classification Act of 1923, as amended ; and any such board may appoint, without regard to the Vol. 42, p. 1488 45 p. ^,76 civil service laws but subject to the Classification Act of 1923, as 1653. amended, such employees as may be necessary for the execution of u' S. c.,p . Sl- its functions under this Act. SEc. 10 . (a) Upon application of the President, by the Attorney Ma ndat ory injunee General, the United States District Courts shall have jurisdiction ti°n5. to issue mandatory injunctions commanding any person to comply with the provisions of this Act or any regulation issued thereunder. (b) Whenever it shall appear to the President that any person is Restr aining o rders. engaged or about to engage in any acts or practices that constitute or will constitute a violation of any provision of this Act or of any r egulation thereunder, he may in' his di scretion, by the Att orney General, bring an action in the proper United States' District Court to enjoin such acts or practices, and upon a proper showing a per- m anent o r tempo rary inj unction or rest raining order s hall be granted without bond. (c) The United States District Courts shall have exclusive furls- Exclusive jurisdic- tion of violations of this Act or the regulations thereunder, and District courts states of all suits in equity and actions at law brought to enforce any lia- bility or duty created by, or to enjoin any violation of, this Act or the regulations thereunder. Any criminal proceeding may be brought in Proceedings. the dist rict whe rein any act or t rans acti on co nsti tuti ng t he v iolat ion occurred. Any suit or action to enforce any liability or duty created Venue of actions, by this Act or regulations thereunder, or to enjoin any violation of this Act or any regulations thereunder, may be brought in any such district or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so review. gmentssubject to rendered shall be subject to review as provided in sections 128 and 240 u. s. c ., pp. 125s, of the Judicial Code, as amended (U . S. C.. title 28. sees. 225 and 347). 1272. SEc. 11 . Wherever reference is made in this Act to the President D ele gat ion of po w- s uch reference s hall be held to include, in ad dition to the P resident, ers, etc . any agency, officer, or employee who may be designated by the President for the execution of any of the powers and functions vested in the President under this Act. SEc. 12 . If any provision of this Act, or the application thereof Saving provision. to any person or circumstance, shall be held invalid, the validity of the rema inder of t he Act and the appli cation of such provi sion to other persons or circumstances shall not be affected thereby. SEc. 13 . This Act shall cease to be in effect on June 16, 1937. Duration of Act. Approved, February 22, 1935. 104 01 9' -36 3
 * Vol.
 * vol. 46, p,