Page:United States Statutes at Large Volume 49 Part 1.djvu/906

 74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935 . 861 shall show to the satisfaction of the court that such additional evi- dence is material and that there were reasonable grounds for failure to adduce such evidence in the proceedings 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. The Commission may modify its findings as to the facts by reason Modification of find- of the additional evidence so taken, and it shall file with the court ings of fact, such modified or new findings which, if supported by substantial evi- dence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The ju dgment Finality of iudgment b or decree. and decree of the court, affirming, modifying, or setting aside, in whole or in part, any such order of the Commission, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U . S . C ., title 28, sees . 346 and 347). "(c ) The filing of an application for rehearing under subsection F i l in g of application (a) shall not, unless specifically ordered by the Commission, operate not to operate as a stay. a s a stay of the Commission's order . The commencement of proceed- ings under subsection (b) of this section shall not, unless specifically ordered by the court, op erate as a stay o f the Commission' s order . `~ EN FORCE MENT OF AC T, R EGULA TIONS AND ORDER S E nfo rcem ent pro vi- si ons. " SEC. 314. (a) Whenever it shall appear to the Commission that Injunctions . any person is e ngaged or about t o engage in any a cts or practices which constitute or will constitute a violation of the provisions of this Act, or of any rule, regulation, or order thereunder, it may in its discretion bring an action i n the proper Dist rict Court of the United States, the Supreme Court of the District of Columbia, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or prac- tices and t o enforce complia nce with this Act or any rule, reg ula- tion, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evi- Institution of pro- dence as may be available concer ning such acts or practices to the cee ding s. Attorney Genera l, who, in his di scretion, may ins titute the neces sary criminal proceedings under this Act. "(b) Upon application of the Commission the district courts of Writs of mandamus. the United States, the Supreme Court of the District of Columbia, and the United States courts of any Territory or other place sub- ject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any rule, regulation, or order of the Commission thereunder . " (c) The Commission may employ su ch attorneys as it finds at torneysoyment of necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representa- tion of the pub lic interests in investigations ma de by it or cases or proceedings pending before it, whether at the Commission's own instance or upo n complaint, or t o appear for or r epresent the Com- mission in any case in court ; and the expenses of such employ- ment shall be paid out of the appropriation for the Commission. " GENERAL FORFEITURE PROVISION General forfeiture provision. "SEC. 315 . (a) Any licensee or public utility which willfully Amount of forfeiture. fails, within the time prescribed by the Commission, to comply with any order of the Commission, to file any report required under this