Page:United States Statutes at Large Volume 49 Part 1.djvu/929

 884 74TH CONGRESS. SESS. I. CH. 742 . AUGUST 27, 1935. Effect of Commis- lion 's PAR. 67 . All orders and decisions of the Commission shall remain s orde s. in full effect, except as provided in paragraph 64, unless and until they are suspended, superseded or rescinded by the Commission or are vacated by lawful order of the Supreme Court of the District of Prov iso. Columbia : Provided That if in an etition made to the said court Suspending order for f yh alleg edir repa rabl elos s. appealing from an order or decision of the Commission it be alleged that substantial and irreparable property loss would be occasioned to the petitioner by the operation of the said order pending the deter- mination of the said appeal, the court shall set a time and place for hearing upon the sa id all egation after not l ess th an thre e days ' noti ce to the Commission (during which period the execution of the order or decision shall be stayed), and the said court may then, upon a clear sho wing of the irre para ble and subs tant ial prop erty los s as Period. alleged, suspend the effective date of the said order. No such sus- pension shall be for a greater period than sixty days without further Provisions included order after notice or hearing by the court. In the event of the in court order. issuance of an order suspending the operation of any order of the Commission, the court may include therein such provision as it deems advisable for the preservation of records or accounts and the impounding or otherwise securing of moneys necessary to give effect to the order of the Commission in the event the said order is sustained. Court of Appeals. " PAR. 68 . The Supreme Court of the District of Columbia, or any Certifica tion of appeal to . justice ther eof before who m an appeal fro m an order of t he Commis- sion is pending, may certify to the Court of Appeals of the District of Columbia any questions or propositions of law concerning which Cou t order . instructions are desired for the proper disposition of the appeal ; and thereupon the court of appeals may either give binding instructions on the questions and propositions certified or may require that the entire record in the cause be sent up for its consideration, and there- upon shall decide the whole matter in controversy in the same manner as if it had been brought there by writ of error or appeal . Authorit y of Com- " PAR. 69 . That the Commission may at any time rescind, alter, mission to rescind, etc ., its order. modify, or amend its order. That if, after appeal is filed, the Com- mission shall rescind the order or decision appealed from, the appeal shall be dismissed ; if it shall alter, modify, or amend the same, such altered, modified, or amended order or decision shall take the place of the original order and the court shall proceed thereon as though the late order had been made by the Commission in the first instance. Review. " PAR, 69a . The method of review of the orders and decisions of the Commission provided by paragraphs 64, 65, 66, 67, 68, and 69, herein, shall be exclusive ." 44Vol. 351 .p 994
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SEC. 3 . That the said section 8 is hereby further amended by strik- ing all of paragraphs 42 and 42a thereof and inserting in lieu thereof the fol lowi ng Investigation " PAR. 42. That the expenses of any investigation, valuation, reval- expenses to be borne by utility. uation, or proceeding of any nature by the Public Utilities Com- mission of or concerning any public utility operating in the District of Columbia, and all expenses of any litigation, including appeals, arising from any such investigation, valuation, revaluation, or pro- ceeding, or from any or der or action of the said Com mission, shall be borne by the public utility investigated, valued, revalued, or other- wise affec ted as a spe cial fr anchis e tax in add ition to all other taxes Inte rest add ed . imposed by law, and such expenses with interest at 6 per centum per annum may be charged to operating expenses and amortized over such period as the Public Utilities Commission shall deem proper and be allowed for in the rates to be charged by such utility. Wh en Deposit may be re- any such investigation, valuation, revaluation, or other proceeding qu ired. is begun the said Public Utilities Commission may call upon the utility in question for the deposit of such reasonable sum or sums as