Page:United States Statutes at Large Volume 56 Part 1.djvu/60

 PUBLIC LAWS-CH. 26-JAN. 30, 1942 Admission of addi- or such evidence shall be contained in the transcript. If application tonalevidene. is made to the court by either party for leave to introduce additional evidence which was either offered to the Administrator and not admitted, or which could not reasonably have been offered to the Administrator or included by the Administrator in such proceedings, and the court determines that such evidence should be admitted, the court shall order the evidence to be presented to the Administrator. Duty of Adminis- The Administrator shall promptly receive the same, and such other tratr. evidence as he deems necessary or proper, and thereupon he shall certify and file with the court a transcript thereof and any modifica- tion made in the regulation, order, or price schedule as a result thereof; except that on request by the Administrator, any such evidence shall be presented directly to the court. Intalidity, etc., to (b) No such regulation, order, or price schedule shall be enjoined plainant. or set aside, in whole or in part, unless the complainant establishes to the satisfaction of the court that the regulation, order, or price schedule is not in accordance with law, or is arbitrary or capricious. Court judgment The effectiveness of a judgment of the court enjoining or setting aside, in whole or in part, any such regulation, order, or price schedule shall be postponed until the expiration of thirty days from the entry thereof, except that if a petition for a writ of certiorari is filed with the Supreme Court under subsection (d) within such thirty days, the effectiveness of such judgment shall be postponed until an order of the Supreme Court denying such petition becomes final, or until other final disposition of the case by the Supreme Court. ApEmgenayCoursto (c) There is hereby created a court of the United States to be reation, composi- known as the Emergency Court of Appeals, which shall consist of tion,etc. three or more judges to be designated by the Chief Justice of the United States from judges of the United States district courts and Chiefjudge. circuit courts of appeals. The Chief Justice of the United States shall designate one of such judges as chief judge of the Emergency Court of Appeals, and may, from time to time, designate additional judges for such court and revoke previous designations. The chief judge may, from time to time, divide the court into divisions of three or more members, and any such division may render judgment as Powers. the judgment of the court. The court shall have the powers of a district court with respect to the jurisdiction conferred on it by this Act; except that the court shall not have power to issue any tem- porary restraining order or interlocutory decree staying or restrain- ing, in whole or in part, the effectiveness of any regulation or order pAne, . 24; podt, issued under section 2 or any price schedule effective in accordance with the provisions of section 206. The court shall exercise its powers and prescribe rules governing its procedure in such manner as to expedite the determination of cases of which it has jurisdiction osts and fees. under this Act. The court may fix and establish a table of costs and fees to be approved by the Supreme Court of the United States, but the costs and fees so fixed shall not exceed with respect to any item the costs and fees charged in the Supreme Court of the United States. The court shall have a seal, hold sessions at such places as it may specify, and appoint a clerk and such other employees as it deems necessary or proper. Review by Supreme (d) Within thirty days after entry of a judgment or order, inter- locutory or final, by the Emergency Court of Appeals, a petition for a writ of certiorari may be filed in the Supreme Court of the United States, and thereupon the judgment or order shall be subject to review 3astat. 15. by the Supreme Court in the same manner as a judgment of a circuit 2s..C .. 37. court of appeals as provided in section 240 of the Judicial Code, as amended (U. S . C., 1934 edition, title 28, sec. 347). The Supreme Court shall advance on the docket and expedite the disposition of all [ 56 STAT.

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