Page:United States Statutes at Large Volume 52.djvu/873

 PUBLIC LAWS--CH. 556 -JUNE 21, 1938 Evidence. Review by U. S. Supreme Court. 28U.S.C.Jg346, 347. Application for re- hearing not a stay of Commission's order. Enforcement of Act. Injunctions, etc. Writs of manda- mus. Employment of at- torneys. mission in the application for rehearing unless there is reasonable ground for failure so to do. The finding of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such ad- ditional evidence 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 of the additional evidence so taken, and it shall file with the court such modified or new findings, which if supported by substan- tial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The judgment 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, secs. 346 and 347). (c) The filing of an application for rehearing under subsection (a) shall not, unless specifically ordered by the Commission, operate as a stay of the Commission's order. The commencement of pro- ceedings under subsection (b) of this section shall not, unless spe- cifically ordered by the court, operate as a stay of the Commission's order. ENFORCEMENT OF ACT; REGULATIONS AND ORDERS SEC. 20. (a) Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts 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 dis- cretion bring an action in the proper district court of the United States, the District Court of the United States for 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 practices and to enforce compliance with this Act or any rule, regulation, or order thereunder, and upon a proper showing a per- manent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evi- dence as may be available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings. (b) Upon application of the Commission the district courts of the United States, the District Court of the United States for the Dis- trict of Columbia, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any per- son to comply with the provisions of this Act or any rule, regula- tion, or order of the Commission thereunder. (c) The Commission may employ such attorneys as it finds neces- sary for proper legal aid and service of the Commission or its mem- bers in the conduct of their work, or for proper representation of the public interest in investigations made by it, or cases or proceed- ings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. 832 [52 STAT.

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