Com., 166 Fed. 134. Preliminary injunction granted.-Delaware, L. & W. R. Co. v. Int. Com. Com., 166 Fed. 498. In the last-named case, under the peculiar facts and at the request of the Commission, shipper allowed to intervene.-169 Fed. 894. See Missouri River Rate case (C. R. I. & P. R. v. Int. Com. Com.), 171 Fed. 680.

Amended section cited as a reason why temporary restraining orders might with propriety be granted where danger of irreparable injury exists.-Louisville & N. R. Co. v. U. S., 238 U. S. 1, 59 L. Ed. 1177, 35 Sup. Ct. 696.

§ 648. Appeals from Final Judgments.—A final judgment or decree of the district court may be reviewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of such final judgment or decree, and such appeals may be taken in like manner as appeals are taken under existing law in equity cases. And in such case the notice required shall be served upon the defendants in the case and upon the Attorney-General of the state.

Fourth part of paragraph (3) of Section of Act of Oct. 22, 1913.

The provision of the former law, paragraph (11) of Section. 16 of Act to Regulate Commerce, read:

From any action upon such petition an appeal shall lie by either party to the Supreme Court of the United States, and in such court the case shall have priority in hearing and determination over all other cases except criminal cases, but such appeal shall not vacate or suspend the order appealed from.

§ 649. Pending Causes Transferred to District Courts.— All cases pending in the Commerce Court at the date of the passage of this Act shall be deemed pending in and be transferred forthwith to said district courts except cases which may previously have been submitted to that court for final decree and the latter to be transferred to the district courts if not decided by the Commerce Court before December first, nineteen hundred and thirteen, and all cases wherein injunctions or other orders or decrees, mandatory or otherwise, have

been directed or entered prior to the abolition of the said court shall be transferred forthwith to said district courts, which shall have jurisdiction to proceed therewith and to enforce said injunctions, orders, or decrees. Each of said cases and all the records, papers, and proceedings shall be transferred to the district court wherein it might have been filed at the time it was filed in the Commerce Court if this Act had been in effect; and if it might have been filed in any one of two or more district courts it shall be transferred to that one of said district courts which may be designated by the petitioner or petitioners in said case, or, upon failure of said petitioners to act in the premises within thirty days after the passage of this Act, to such one of said district courts as may be designated by the judges of the Commerce Court. The judges of the Commerce Court shall have authority, and are hereby directed, to make any and all orders and to take any other action necessary to transfer as aforesaid the cases and all the records, papers, and proceedings then pending in the Commerce Court to said district courts. All administrative books, dockets, files, and all papers of the Commerce Court not transferred as part of the record of any particular case shall be lodged in the Department of Justice. All furniture, carpets, and other property of the Commerce Court is turned over to the Department of Justice and the Attorney-General is authorized to supply such portion thereof as in his judgment may be proper and necessary to the United States Board of Mediation and Conciliation.

Any case hereafter remanded from the Supreme Court which, but for the passage of this act, would have been remanded to the Commerce Court, shall be remanded to a district court, designated by the Supreme Court, wherein it might have been instituted at the time it was instituted in the Commerce Court if this Act had then been in effect, and thereafter such district court shall take all necessary and proper proceedings in such case in accordance with law and such mandate, order or decree therein as may be made by said Supreme Court. All laws or parts of laws inconsistent with the foregoing provisions relating to the Commerce Court, are repealed.

§ 650. Certain Cases Given Precedence and Hearing Expedited; Hearing before Three Judges.-That in any suit in equity pending or hereafter brought in any circuit court of the United States under the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to Regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said court, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select; or, in case the full court shall not at any time be made up by reason of the necessary absence or disqualification of one or more of the said circuit judges, the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may designate a district judge or judges within the circuit who shall be competent to sit in said court at the hearing of said suit. In the event the judges sitting in such case shall be equally divided in opinion as to the decision or disposition of said cause, or in the event that a majority of said judges shall be unable to agree upon the judgment, order, or decree finally disposing of said case in said court which should be entered in said cause, then they shall immediately certify that fact to the Chief Justice of the United States, who shall at once designate and appoint some circuit judge to sit with said judges and to assist in determining said cause. Such order of the Chief Justice shall be immediately transmitted to the clerk of the circuit court in which said cause is pending and shall be entered upon the minutes of said court. Thereupon said cause shall at once be set down for reargument and the parties thereto notified in writing by the clerk of said court of the action of the court and the date fixed for the reargument thereof.

The provision of this section shall apply to all causes and proceedings in all courts now pending, or which may hereafter be brought.

Section 1 of Act of Feb. 11, 1903, known as the Expediting Act, as amended by the Act of June 25, 1910. The second part of paragraph (12) of Section 16 of the Act to Regulate Commerce as amended by the Act of 1906, read:

The provisions of "An Act to expedite the hearing and determination of suits in equity, and so forth," approved February eleventh, nineteen hundred and three, shall be, and are hereby, made applicable to all such suits, including the hearing on an application for a preliminary injunction, and are also made applicable to any proceeding in equity to enforce any order or requirement of the Commission, or any of the provisions of the Act to Regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supplemental thereto. It shall be the duty of the Attorney-General in every such case to file the certificate provided for in said expediting Act of February eleventh, nineteen hundred and three, as necessary to the application of the provisions thereof, and upon appeal as therein authorized to the Supreme Court of the United States, the case shall have in such court priority in hearing and determination over all other causes except criminal causes.

Second part of paragraph (12) of Section 16.

When two of the three circuit judges agree case will not be certified to the Supreme Court.-So. Pac. Ter. Co. v. Int. Com. Com., 166 Fed. 134.

In So. Pac. Ter. Co. v. Int. Com. Com., 166 Fed. 134, the section being under discussion, the court of appeals for the Fifth Circuit, Pardee, Judge, delivering the opinion, said:

"This expediting Act, fairly construed, permits the case to proceed (except it is to be given precedence and expedited) until final hearing when it is to be set down before three circuit judges. After final decree it may be carried within 60 days by appeal to the Supreme Court by either party, and the only office left for the certificate is in the contingency that the judges shall be unable to agree on a final decree.

"We can find nothing further in the Acts requiring three circuit judges to sit in any other phases of the case than the hearing on application for a preliminary injunction and on the final hearing. To apply it to all proceedings in the case is, in the nature of things to defeat the very object of the Act, and change it from an expediting Act into a hindering and delaying Act."

§ 651. Direct Appeal to Supreme Court.-That every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.

Public, No. 82, approved February 11, 1903.

Section 2 of the Expediting Act, Act of February 11, 1893. A direct appeal to the Supreme Court is authorized by this section from a final decree in the circuit court in a proceeding to compel the production of testimony.-Int. Com. Com. v. Baird, 194 U. S. 25, 48 L. Ed. 860, 24 Sup. Ct. 563. Appeal taken from the circuit court to the Supreme Court from an order granting a preliminary injunction under the Sherman Anti-Trust Act.-Swift & Co. v. United States, 196 U. S. 375, 49 L. Ed. 518, 25 Sup. Ct. 276; Circuit court decree, United States v. Swift & Co., 122 Fed. 529.

By Section 289 of the Judicial Code, circuit courts of the United States are abolished and district courts should be read where circuit courts appear in the section relating to courts.

§ 652. Government-Aided Railroad and Telegraph Lines. -That all railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or tele