The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-06-28


the clerk, marshal, deputy clerk Of
deputy marshal may be exercised any
where in the United States; and fol
land the avoidance of undue expense
|or Inconvenience to suitors the couri
shall hold sessions in different parts OF
the United States as may be found de
sirable. The actual and necessary ex
lpenses of the judges, clerk, marshal
deputy clerk, and deputy marshal OF
the court incurred for travel and at
tendance elsewhere than in the city OF
Washington shall be paid upon the
written and itemized certificate Of such
judge, clerk, marshal, deputy clerk, OF
deputy marshal by the marshal Of the
court, and shall be allowed to him in
the statement of his accounts with the
United States.
The United States marshals of the
several districts outside of the city Of
Washington in which the commerce
court may hold it's sessions shall pro
vide, under the direction and with the
approval of the attorney-general Of
the United States, such rooms in the
public buildings of the United States
Ias may be necessary for the court 4
use; but in case proper rooms cannot
be provided in such public buildings
said marshals, with the approval of the
attorney general of the United States
may then lease from time to time 9th
Ter necessary rooms for the court.
IF, at any time, the business Of the
commerce court does not require the
services of all the judges, the Chiei
Justice of the United States may, By
writing, signing by him and fled il
the department of justice, terminate tn
assignment of any Of the judges or tenn
porarily assign him for service in an,
circuit court or circuit court of appeals
| The jurisdiction of the commerc'
court shall be invoked by fling in tn,
Office of the clerk Of the court writ
ten petition setting forth briefly ant
Isuccinctly the facts constituting the
petitioners cause Of action, ant
specifying the relief sought. A copy
lof such petition shall be forthwith
served by the marshal or a deputy mar
shall of the commerce court or by tht
proper United States marshal or deputy
marshal upon every defendant therein
named, and when the United States il
party defendant, the service shall bt
made by filing copy of said petition
in the Office of the secretary of the In
terstate Commerce Commission and il
the department of justice. Within
thirty days after the petition is serv
ed, unless that time is extended by or
der of the court or a Judge thereof, al
answer to the petition shall be fled il
the clerks office, and a copy thereof
mailed to the petitioner attorney
which answer shall briefly and cate
gorically respond to the allegations o.
the petition. No replication need b,
filed to the answer, and objections t,
the sufficiency of the petition or answe
as not setting forth cause of actor
or defense must be taken at the fna
hearing or by motion to dismiss tn,
petition based on said grounds, whicl
motion may be made at any time be
fore answer is filed. In case no answe
shall be fled as provided herein tn,
petitioner may apply to the court OF
notice for such relief as may be prope
upon the facts alleged in the petition
The court may, by rule, prescribe tn
method of taking evidence in case
pending in said court; and may pre-
scribe that the evidence be taken be
fore single judge of the court, wit
power to rule upon the admission o
evidence. Except as may be otherwis
provided in this act, or by rule of tn
court, the practice and procedure in tn
commerce court shall conform as neal
ly as may be to that in like cases in
circuit court of the United States.
~l.h l.
for the transaction of business at
date to be fiexd by order of the sal
court, which shall be not later tina
thirty days after the judges thereo
shall have been designated.
That final judgment or decree o
the commerce court may be reviewe
by the supreme court of the Unite
States if appeal to the supreme cour
be taken by an aggrieved party with
sixty days after the entry of said fins
Judgment or decree. Such appeal ma
be taken in like manner as appeal
from a circuit court of the Unite
Estates to the supreme court, and tn
commerce court may direct the origins
record to be transmitted on appeal il
stead of a transcript thereof. The s,
preme court may affirm, reverse, q
modify the final Judgment or decree Q
the commerce court as the case may +,
quire.
Appeal to the supreme court ,howeve
shall in no case supersede or stay til
Judgment or decree Of the commerc
court appealed from, unless the 81
preme court or a justice thereof sha
so direct, and appellant shall give bon
in such form and of such amount q
the supreme court, or the justice
that court allowing the stay, may r.
, lOuire.