Page:United States Statutes at Large Volume 50 Part 1.djvu/110

 75T H CONGRESS, 1ST SESSION-CH. 127-APRIL 26, 1937 to the Commissioner or the collector such officer shall notify the Commission thereof. (d) Any code member who shall be injured in his business or property by any other code member by reason of the doing of any act which is forbidden or the failure to do any act which is required by this Act or by the code or any regulation made thereunder, may sue therefor in any court of competent jurisdiction where the defend- ant resides, or is found or has an agent or a place of business, without respect to the amount in controversy, and shall recover threefold damages by him sustained, and the cost of suit, including a reasonable att orney's f ee. SEC. 6 . (a) All ru les, r egulat ions, determ ination s, and promu lga- tions of any district board shall be subject to review by the Commis- sion upon appeal by any producer and upon just cause shown shall be amenable to the order of the Commission ; and appeal to the Com- mission shall be a matter of right in all cases to every producer and to all parties in interest, including any State or any political subdivi- sion thereof. In the event that a district board shall fail, for any reason, to take action authorized or required by this Act, then the Commiss ion ma y take such action in li eu of t he dis trict board. The Commission may also provide rules for the determination of contro- versies arising under this Act by voluntary submission thereof to arbitration, which determination shall be final and conclusive. (b) Any person aggrieved by an order issued by the Commission in a proceeding to which such person is a party may obtain a review of such order in the Circuit Court of Appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Commission be modified or set aside in whole, or in part. A copy of such petition shall be forthwith served upon any member of the Commission and thereupon the Commission shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, and enforce or set aside such order, in whole or in part. No objection to the or der of the C ommiss ion sh all be consi dered b y the court unless such objection shall have been urged below. The finding of the Com- mi ssion as to the fa cts, if s upported by subst antial ev idence, s hall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction 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, the court may order such additional evi- dence 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 of the additional evidence so taken, and it shall file such modified or new findings, which, if sup- ported by substantial evidence, shall be conclusive, and its recom- me ndation, if any, f or the mo dificatio n or set ting asid e of the original order. The judgment and decree of the court, affirming, modifying, and enf orcing or se tting aside, in wh ole or in par t, any such order of the Commission shall be final, subject to review by the Supreme Court o f the United State s upon certi orari o r cert ificat ion as pro- vided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, sees. 346 and 347). 85 Suits by code mem- berforc ode vio lations , etc. Damages and costs . Rev iew of di str ict board's action s. Actio n by C ommis- sion upon failure of district board to act . Arbitration . -Appeal from Com- mission's order. Petition to be filed . Service of copy on Commission. Filing transc ript o f record. Court jurisdiction. Findi ng of facts, et c. Additional evi- dence. Modification of findings of facts . Finality of judg- ment and decree. Review. 28U.S.C. $5 346, 34 7.