Page:United States Statutes at Large Volume 50 Part 1.djvu/777

 752 Direct appeal by United States to Su- preme Court where decision against Con- stitutionality and United States a party. Time limitation. Record and docket- ing in Supreme Court. P recedence over other matt ers. In junct ion su spend - ing, etc., Act of Con- gress upon cons titu- tional grounds, deter mination by three- judge c ourt. Composition of cour t, pr oced ure, etc. Notice to Attorney General, etc. Pr evis o. Temporary restrain- ing order to prevent irreparable loss . Finding. 75 TH CONGRESS, 1sT SESSION-CH. 754-AUGUST 24, 1937 Sac. 2. In any suit or proceeding in any court of the United States to which the United States, or any agency thereof, or any officer or employee thereof, as such officer or employee, is a party, or in which the United States has intervened and become a party, and in which the decision is against the constitutionality of any Act of Congress, an appeal may be taken directly to the Supreme Court of the United States by the United States or any other party to such suit or proceeding upon application therefor or notice thereof within thirty days after the entry of a final or interlocutory judgment, decree, or order ; and in the event that any such appeal is taken, any appeal or cross-appeal by any party to the suit or proceeding taken previously, or taken within sixty days after notice of an appeal under this section, shall also be or be treated as taken directly to the Supreme Court of the United States. In the event that an appeal is taken under this section, the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such appeal is allowed, under such rules as may be prescribed by the proper courts. Appeals under this section s hall be heard by the Supr eme Court of the United St ates at the earliest possible time and shall take precedence over all other matters not of a like character. This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law. Snc. 3 . N o interlocuto ry or permane nt injunctio n suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any Act of Congress upon the ground that such Act or any part thereof is repugnant to the Constitution of the United States shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, unless the application for the same shall be pre- sented to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a circuit judge. Wh en any such application is presented to a judge, he shall immediately reque st the senio r cir cuit j udge (or in his absenc e, the pres iding cir- cuit judge) of the circuit in which such district court is located to designate two other judges to participate in hearing and determining such application. It shall be the duty of the senior circuit judge or the presiding circuit judge, as the case may be, to designate imme- diately two other judges from such circuit for such purpose, and it shall be the duty of the judges so designated to participate in such hearing and determination. Such application shall not be heard or determined before at least five days' notice of the hearing has been given to the Attorney General and to such other persons as may be defendants in the suit : Provided, That if of opinion that irreparable loss or dama ge would resu lt to the pe titioner unle ss a temporar y restraining order is granted, the judge to whom the application is made may grant such temporary restraining order at any time before the hearing and determination of the application, but such temporary restraining order shall remain in force only until such hearing and determination upon notice as aforesaid 2 and suc h te mpo rary res trai n- ing order shall contain a specific finding, based upon evidence sub- mitted to the. court making the order and identified by reference thereto, that such irreparable loss or damage would result to the peti- tioner and specifying the nature of the loss or damage. The said court may, at the time of hearing such application, upon a like find- ing, continue the temporary stay or suspension, in whole or in part, until decision upon the application. The hearing upon any such application for an interlocutory or permanent injunction shall be