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It might be noted in this connection that on February 11, 1915, the Commission gave notice of a ruling to the effect that where schedules containing advances in rates are filed, the carrier should fully state the extent of the advances and the reasons relied upon by it to justify them, and that it was also highly desirable that protestants against any such advances should file their objections with the Commission before the date set in the schedule for their going into effect unless suspended.

CHAPTER XXIV

JUDICIAL REVIEW OF COMMISSION ACTION

§ 1130. Provisions of the Act.

1131. Further provisions.

Topic A. Basis of Judicial Determination

§ 1132. Jurisdictional limitations upon Commission action. 1133. The nature of the Commission.

1134. The functions of the Commission.

1135. Preliminary action by the Commission necessary.

1136. Certain consequences of this doctrine.

1137. Appeal from the Commission to the courts.

1138. Jurisdiction of the Federal courts.

1139. Constitutional and statutory limitations distinguished.

Topic B. Grounds of Invalidity of Commission Action

§ 1140. Action under an unconstitutional statute.

1141. Action not within the statute.

1142. Action in violation of constitutional guarantees. 1143. Action after an inadequate hearing.

1144. Action upon mistaken conclusions of law.

1145. Action contrary to evidence.

1146. Limitation to evidence in the record.

1147. Conclusiveness of Commission findings.

Topic C. Procedure for Determining Validity of Commission Action

§ 1148. Temporary restraining order.

1149. Injunction against enforcement.

1150. Balance of equities.

1151. Appeal from the district court on petitions for injunctions.

1152. Sufficiency of averments.

1153. Necessary and proper parties.

1154. Venue of enforcement suits.

1155. Introduction of new evidence.

Topic D. Enforcement Proceedings in the Courts

§ 1156. Functions of the Commission in the enforcement of the Act. 1157. Judicial process in aid of proceedings before the Commission.

It might be noted in this connection that on February 11, 1915, the Commission gave notice of a ruling to the effect that where schedules containing advances in rates are filed, the carrier should fully state the extent of the advances and the reasons relied upon by it to justify them, and that it was also highly desirable that protestants against any such advances should file their objections with the Commission before the date set in the schedule for their going into effect unless suspended.

CHAPTER XXIV

JUDICIAL REVIEW OF COMMISSION ACTION

§ 1130. Provisions of the Act.

1131. Further provisions.

Topic A. Basis of Judicial Determination

§ 1132. Jurisdictional limitations upon Commission action. 1133. The nature of the Commission.

1134. The functions of the Commission.

1135. Preliminary action by the Commission necessary.

1136. Certain consequences of this doctrine.

1137. Appeal from the Commission to the courts.

1138. Jurisdiction of the Federal courts.

1139. Constitutional and statutory limitations distinguished.

Topic B. Grounds of Invalidity of Commission Action

§ 1140. Action under an unconstitutional statute.

1141. Action not within the statute.

1142. Action in violation of constitutional guarantees.

1143. Action after an inadequate hearing.

1144. Action upon mistaken conclusions of law.

1145. Action contrary to evidence.

1146. Limitation to evidence in the record.

1147. Conclusiveness of Commission findings.

Topic C. Procedure for Determining Validity of Commission Action

§ 1148. Temporary restraining order.

1149. Injunction against enforcement.

1150. Balance of equities.

1151. Appeal from the district court on petitions for injunctions.

1152. Sufficiency of averments.

1153. Necessary and proper parties.

1154. Venue of enforcement suits.

1155. Introduction of new evidence.

Topic D. Enforcement Proceedings in the Courts

§ 1156. Functions of the Commission in the enforcement of the Act. 1157. Judicial process in aid of proceedings before the Commission.

§ 1158. Judicial action necessary to the enforcement of orders. 1159. Parties to enforcement suits.

1160. Orders unenforceable because of defects.

1161. Power of the courts to modify orders of the Commission. 1162. Sufficiency of averments.

1163. Recovery on a reparation order of the Commission. 1164. Findings of the Commission as evidence.

$ 1130. Provisions of the Act.

The Act for the creation of the Commerce Court provided that it should have the jurisdiction then possessed by the United States circuit courts over (1) all cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Commission other than for the payment of money; (2) all cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Commission; (3) certain cases under the Elkins Act, and (4) certain mandamus proceedings. The District Court Jurisdiction Act of October 22, 1913 abolished the Commerce Court, and provided that its jurisdiction "should be transferred to and vested in the several district courts of the United States." If after a hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of the Act for a violation thereof, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. If a carrier does not comply with an order for the payment of money within the time limit in such order, the Act formerly provided that the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims dam

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