The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-06-28
PARTIAL Ar TEXT OF NEW
COMMERCE COURT Law
Tribunal Has Jurisdiction Over Practically All Litigation Arising
From Rulings Of Interstate Commerce Commission


house of representatives of the United
States of America in congress Assem-
bled, that court of the United State,
is hereby created which shall be knowr
as the commerce court and shall have
the jurisdiction now possessed by cir
cult courts of the United States and
the judges thereof over all cases OF
the following kinds:
First. All cases for the enforcement
otherwise than by adjudication and col
lection of a forfeiture or penalty OF
by infliction of criminal punishment
of any order of the Interstate Com
merce Commission other chan for thu
payment of money.
Second. Cases brought to enjoin, sci
aside, annul, or suspend in whole or il
part any order of the Interstate Com
merce Commission.
Third. Such cases as by section
three of the act entitled can act Il
further regulate commerce with foreign
nations and among the states,' approx
ed February 10, 1908, are authorized
to be maintained in circuit court o1
the United States.
Fourth. All such mandamus proceed
ings as under the provisions of sec
ton % of the act entitled can act tt
regulate commerce, approved Feb
ruary 4, 1887, as amended, are auth
orized to be maintained in a circui,
court of the United States.
Nothing contained in this act shal
be construed as enlarging the jurisdic
tion now possessed by the circui
courts of the United States or tn,
judges thereof, that is hereby trans
ferred to and vested in the eommerc,
court
The jurisdiction of the commerc,
court over cases of the foregoin,
classes Shall be exclusive; but this ac
shall not affect the jurisdiction nov
possessed by any circuit or distric
court of the United States over case
or proceedings of any kind not within
the aforementioned classes.
The commerce court shall be a cour
of record, and shall have a seal of sucl
form and style as the court may pre-
scribe. The said court shall be com
posed of five judges, to be from tim,
to time designated and assigned there
to by the Chief Justice of the United
States, from among the circuit judge
of the United States, for the period O.
five years, except that in the first in
stance the court shall be composed O.
the five additional circuit judges to b.
appointed as hereinafter provided, VIII,
shall be designated bv the president t,
serve for one, two, three, four and fv,
years, respectively, in order that tn,
period of designation of one of the sal,
ittd shall sx, oh
after. In case of the death, resigna
tion, or termination of assignment O
any judge so designated, the Chief Jus
tice shall designate circuit judge t.
fill the vacancy so caused and to serv
during the unexpired period for whicl
the original designation was made. AT
ter the year 1sA4 no circuit Judge shal
be redesignated to serve in the com
merce court until the expiration of a
least one year after the expiration o
the period of his last previous designa
tion. The judge first designated fo
the five-year period shall be the presid
/ ing Judge of said court. and thereafte
the judge senior in designation shal
be the presiding judge.
Each of the judges during the perio'
of his service in the commerce cour
shall, on account of the regular ses
sions of the court being held in the cit
of Washington. receive in addition I
his salary as circuit judge an expens
allowance at the rate of 81 800 per ar
mum.
The president shall, by and with tn
advice and consent of the senate, az
point five additional circuit judges, n
two of whom shall be from the sam
judicial circuit, who shall hold offic
during good behavior and who sha
be from time to time designated an
assigned by the Chief Justice of til
United States for service in the circu
court of any district, or the eircui
court of appeals for any court, or
the commerce court.
The associate judges shall have pr,
leedence and shall succeed to the plac
and powers of the presiding judg
whenever he may be absent or incap;
BILE of acting in the order of the dat
of their designations. Four of sal
Judges shall constitute a quorum, an
at least a majority of the court sha
concur in all decisions.
The court shall also have clerk an
a marshal, with the same duties an
powers, so far as they may be appr
priate and are not altered by rule
the court, as are now possessed by Il
clerk and marshal, respectively, of II
supreme court of the United State
The offices of the clerk and marshal I
the court shall be in the city of Was
ington, in the District of Columbia.
The commerce court shall be alwa.
open for the transaction of bushes
Its regular sessions shall be held
the city of Washington, in the Distri
of Columbia; but the powers of Il