importance as to render expedient its review by the supreme court, to require, by certiorari or otherwise, such case to be certified to the supreme court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the supreme court: And provided further, That this Act shall not apply to any case involving only the construction of section one, or any portion thereof, of an Act entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes," approved August 5, 1909, nor to any case involving the construction of section two of an Act entitled "An Act to promote reciprocal trade relations with the Dominion of Canada, and for other purposes," approved July 26, 1911.

Act of Aug. 22, 1914 (38 Stat. L. 703, Supp. (1916) Fed. St. Ann. 132).

§ 196. After the organization of said court, no appeal shall be taken or allowed from any board of United States general appraisers to any other court, and no appellate jurisdiction shall thereafter be exercised or allowed by any other courts in cases decided by said board of United States general appraisers; but all appeals allowed by law from such board of general appraisers shall be subject to review only in the court of customs appeals hereby established, according to the provisions of this chapter: Provided, That nothing in this chapter shall be deemed to deprive the Supreme Court of the United States of jurisdiction to hear and determine all customs cases which have heretofore been certified to said court from the United States circuit courts of appeals on applications for writs of certiorari or otherwise, nor to review by writ of certiorari any customs case heretofore decided or now pending and hereafter decided by any circuit court of appeals, provided application for said writ be made within six months after August 5, 1909: Provided further, That all customs cases decided by a

circuit or district court of the United States or a court of a territory of the United States prior to said date above mentioned, and which have not been removed from said courts by appeal or writ of error, and all such cases theretofore submitted for decision in said courts and remaining undecided may be reviewed on appeal at the instance of either party by the United States Court of Customs Appeals, provided such appeal be taken within one year from the date of the entry of the order, judgment, or decrees sought to be reviewed.

§ 197. Immediately upon the organization of the court of customs appeals, all cases within the jurisdiction of that court pending and not submitted for decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall, with the record and samples therein, be certified by said courts to said court of customs appeals for further proceedings in accordance herewith: Provided, That where orders for the taking of further testimony before a referee have been made in any of such cases, the taking of such testimony shall be completed before such certification.

§ 198. If the importer, owner, consignee, or agent of any imported merchandise, or the collector or secretary of the treasury, shall be dissatisfied with the decision of the board of general appraisers as to the construction of the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, or with any other appealable decision of said board, they, or either of them, may, within sixty days next after the entry of such decree or judgment, and not afterwards, apply to the court of customs appeals for a review of the questions of law and fact involved in such decision: Provided, That in Alaska and in the insular and other outside possessions of the United States ninety days shall be allowed for making such application to the

court of customs appeals. Such application shall be made by filing in the office of the clerk of said court a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the court shall immediately order the board of general appraisers to transmit to said court the record and evidence taken by them, together with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said board shall be competent evidence before said court of customs appeals. The decision of said court of customs appeals shall be final, and such cause shall be remanded to said board of general appraisers for further proceedings to be taken in pursuance of such determination.

§ 199. Immediately upon receipt of any record transmitted to said court for determination the clerk thereof shall place the same upon the calendar for hearing and submission; and such calendar shall be called and all cases thereupon submitted, except for good cause shown, at least once every sixty days: Provided, That such calendar need not be called during the months of July and August of any year.

CHAPTER IX*

THE COMMERCE COURT

$ 200. Commerce Court created-Judges of, appointment and designationExpense allowance to judges.

§201. Additional circuit judges-Appointment and assignment.

202. Officers of the court-Clerk, marshal, etc.-Salaries, etc.

§ 203. Court to be always open for business-Sessions of, to be held in Washington and elsewhere.

§ 204. Marshals to provide rooms for holding court outside of Washington. § 205. Assignment of judges to other duty-Vacancies, how filled.

§ 206. Powers of court and judges-Writs, process, procedure, etc.

207. Jurisdiction of the court.

§ 208. Suits to enjoin, etc., orders of Interstate Commerce Commission to be against United States-Restraining orders, when granted without notice.

§ 209. Jurisdiction of the court, how invoked-Practice and procedure. § 210. Final judgments and decrees reviewable in Supreme Court.

§ 211. Suits to be against United States-When United States may inter

vene.

§ 212. Attorney General to control all cases-Interstate Commerce Commission may appear as of right-Parties interested may intervene, etc.

§ 213. Complainants may appear and be made parties to case.

§ 214. Pending cases to be transferred to Commerce Court-ExceptionStatus of transferred cases.

§ 200. There shall be a court of the United States, to be known as the commerce court, which shall be a court of record, and shall have a seal of such form and style as the court may prescribe. The said court shall be composed of five judges, to be from time to time designated and assigned thereto by the chief justice of the United States, from among the circuit judges of the United States, for the period of five years, except that in the first instance the court shall be composed of the five addi

*This chapter is obsolete, the Commerce Court having been abolished by Act of Oct. 22, 1913 (38 Stat. L. 219, Supp. (1914) Fed. St. Ann. 230).

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tional circuit judges referred to in the next succeeding section, who shall be designated by the President to serve for one, two, three, four, and five years, respectively, in order that the period of designation of one of the said judges shall expire in each year thereafter. In case of the death, resignation, or termination of assignment of any judge so designated, the chief justice shall designate a circuit judge to fill the vacancy so caused and to serve during the unexpired period for which the original designation was made. After the year nineteen hundred and fourteen no circuit judge shall be redesignated to serve in the commerce court until the expiration of at least one year after the expiration of the period of his last previous designation. The judge first designated for the five-year period shall be the presiding judge of said court, and thereafter the judge senior in designation shall be the presiding judge. The associate judges shall have precedence and shall succeed to the place and powers of the presiding judge whenever he may be absent or incapable of acting in the order of the date of their designations. Four of said judges shall constitute a quorum, and at least a majority of the court shall concur in all decisions. Each of the judges during the period of his service in the commerce court shall, on account of the regular sessions of the court being held in the city of Washington, receive in addition to his salary as circuit judge an expense allowance at the rate of one thousand five hundred dollars per annum.

The Commerce Court was created by the Act of June 18, 1910, c. 309, 36 Stat. L. 539.

§ 201. The five additional circuit judges authorized by the Act to create a commerce court, and for other purposes, approved June eighteenth, nineteen hundred and ten, shall hold office during good behavior, and from time to time shall be designated and assigned by the chief justice of the United States for service in the district court of any district, or the circuit court of appeals for any