Page:United States Statutes at Large Volume 49 Part 1.djvu/928

 7 4TH CONGRESS. SESS. I. CH. 742 . AUGUST 27, 1935 . in writing of the appeal together with a copy of the petition. Within twenty days of the receipt of such notice of appeal the Com- mi ssion shall f ile with the c lerk of the s aid court the record, inclu d- ing a trans cript of all pro ceedings had and testimo ny taken before t he Commi ssion, d uly cert ified, u pon whic h the sa id order or deci - sio n of the Commiss ion was based, t ogether with a s tatement of its findings of fact and conclusions upon the said record, and a copy of the a pplica tion f or re consid eratio n and the o rders entere d thereon : Provided, That the parties, with the consent and approval o f the Co mmission, may st ipulate in writi ng that only cer tain por - tions of the record be transcribed and transmitted. Within this period the Commission or any other interested party shall answer, demur, or otherwise move or plead. Thereupon the appeal shall be at issue and ready for hearing. All such proceedings shall have precedence over any civil cause of a different nature pending in said court, and the Supreme Court of the District of Columbia shall always be deemed open for the hearing thereof. Any such appeal shall be heard upon the record before the Commission, and no new or additional evidence shall be received by the said court. The said court, or any justice or justices thereof, before whom any su ch appeal shall be heard, may require and direct the Commission to receive additional evidence upon any subject related to the issues on said appeal concerning which evidence was improperly excluded in the hearing before the Commission or upon which the record may contain no substantial evidence. Upon receipt of such requirement and directi on the C ommissio n shall receive such evi dence an d with- out unreasonable delay shall transmit to the said court the findings of fact made thereon by the Commission and the conclusions of the Commission upon the said facts. " Upon the conclusion of its hearing of any such appeal the court shall either dismiss the said appeal and affirm the order or decision of the Commission or sustain the appeal and vacate the Commission's order or decision . In either event the court shall accompany its order by a statement of its reasons for its action, and in the case of the vacation of an order or decision of the Commission the statement shall relate the particulars in and the extent to which such order or decision was defective. "Any party, i ncluding said Co mmission, may ap peal fro m the or der or decree of said court to the Court of Appeals of the District of Columbia, which shall thereupon have and take jurisdiction in every s u c h a p p e al. Thereafter the Supreme Court of the United States may, upon a petition for certiorari granted in its discretion, review the said case. " Said Commission shall not, nor shall any of its members, officers, agents, or employees, be taxed with any costs, nor shall they or any of them be required to give any supersedeas bond or security for costs or damages on any appeal whatsoever . Said Commission, or any of i ts members, o fficers, agent s, or employe es, shall not be liable to suit or action or for any judgment or decree for any damages, loss, or in jury cla imed by any publ ic utili ty or pe rson, no r requir ed in any case to make any deposit for costs or pay for any service to the clerks of any court or to the marshal of the United States . " PAR. 66. In the determination of any appeal from an order or decision of the Commission the review by the court shall be limited to questions of law, including constitutional questions ; and the findings of fact by the Commission shall be conclusive unless it shall appear that such findings of the Commission are unreasonable, arbitrary or capricious. 883 Tra nscript of record, etc., to be transmitted. Proviso. Record may be abridged. Precedence to be given. Evidence improperly excluded at hearing may be admitted . Court findings. Reasons to be stat ed. Ap peal all owed to Court of Appeals. Certiorari to P.S. Supreme Court. No li ability u pon Co mmissio n for o fficial acts, etc. Court review limited to questions of law. Commission's find- ings of fact.