forth a cause of action or defense must be taken at the final hearing or by motion to dismiss the petition based on said grounds, which motion may be made at any time before answer is filed. In case no answer shall be filed as provided herein the petitioner may apply to the court on notice for such relief as may be proper upon the facts alleged in the petition. The court may, by rule, prescribe the method of taking evidence in cases pending in said court; and may prescribe that the evidence be taken before a single judge of the court, with power to rule upon the admission of evidence. Except as may be otherwise provided in this chapter, or by rule of the court, the practice and procedure in the commerce court shall conform as nearly as may be to that in like cases in a district court of the United States.

§ 210. A final judgment or decree of the commerce 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 said final judgment or decree. Such appeal may be taken in like manner as appeals from a district court of the United States to the supreme court, and the commerce court may direct the original record to be transmitted on appeal instead of a transcript thereof. The supreme court may affirm, reverse, or modify the final judgment or decree of the commerce court as the case may require. Appeal to the supreme court, however, shall in no case supersede or stay the judgment or decree of the commerce court appealed from, unless the supreme court or a justice thereof shall so direct; and appellant shall give bond in such form and of such amount as the supreme court, or the justice of that court allowing the stay, may require. An appeal may also be taken to the supreme court of the United States from an interlocutory order or decree of the commerce court granting or continuing an injunction restraining the enforcement of

an order of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Appeals to the supreme court under this section shall have priority in hearing and determination over all other causes except criminal causes in that court.

§ 211. All cases and proceedings in the commerce court which but for this chapter would be brought by or against the Interstate Commerce Commission, shall be brought by or against the United States, and the United States may intervene in any case or proceeding in the commerce court whenever, though it has not been made a party, public interests are involved.

§ 212. The attorney general shall have charge and control of the interests of the Government in all cases and proceedings in the commerce court, and in the supreme court of the United States upon appeal from the commerce court. If in his opinion the public interest requires it, he may retain and employ in the name of the United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent upon him and his subordinate attorneys; and the attorney general shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Provided, That the Interstate Commerce Commission and any party or parties in interest to the proceeding before the commission, in which an order or requirement is made, may appear as parties thereto of their own motion and as of right, and be represented by their counsel, in any suit wherein is involved the validity of such order or requirement or any

part thereof, and the interest of such party; and the court wherein is pending such suit may make all such rules and orders as to such appearances and representations, the number of counsel, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination of such suits: Provided further, That communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Interstate Commerce Commission, or in any suit which may be brought by any one under the provisions of this chapter, or the Acts of which it is amendatory or which are amendatory of it, relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at any time after the institution thereof; and the attorney general shall not dispose of or discontinue said suit or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said suit or proceeding unaffected by the action or non-action of the attorney general therein.

§ 213. Complainants before the Interstate Commerce Commission interested in a case shall have the right to appear and be made parties to the case and be represented before the courts by counsel, under such regulations as are now permitted in similar circumstances under the rules and practice of equity courts of the United States.

§ 214. Until the opening of the commerce court, all cases and proceedings of which from that time the commerce court is hereby given exclusive jurisdiction may be brought in the same courts and conducted in like manner and with like effect as is now provided by law; and if any such case or proceeding shall have gone to final judgment or decree before the opening of the commerce court, appeal may be taken from such final judg

ment or decree in like manner and with like effect as is now provided by law. Any such case or proceeding within the jurisdiction of the commerce court which may have been begun in any other court as hereby allowed, before the said date, shall be forthwith transferred to the commerce court, if it has not yet proceeded to final judgment or decree in such other court unless it has been finally submitted for the decision of such court, in which case the cause shall proceed in such court to final judgment or decree and further proceeding thereafter, and appeal may be taken direct to the supreme court; and if remanded, such cause may be sent back to the court from which the appeal was taken or to the commerce court for further proceeding as the supreme court shall direct. All previous proceedings in such transferred case shall stand and operate notwithstanding the transfer, subject to the same control over them by the commerce court and to the same right of subsequent action in the case or proceeding as if the transferred case or proceeding had been originally begun in the commerce court. The clerk of the court from which any case or proceeding is so transferred to the commerce court shall transmit to and file in the commerce court the originals of all papers filed in such case or proceeding and a certified transcript of all record entries in the case or proceeding up to the time of transfer.

CHAPTER X

THE SUPREME COURT

§ 215. Number of justices.

§ 216. Precedents [Precedence] of the associate justices.

§ 217. Vacancy in the office of Chief Justice.

§ 218. Salaries of justices.

§ 219. Clerk, marshal, and reporter.

§ 220. The clerk to give bond.

§ 221. Deputies of the Clerk.

§ 222. Records of the old court of appeals.

§ 223. Tables of fees.

§ 224. Marshal of the Supreme Court.

§ 225. Duties of the reporter.

§ 226. Reporter's salary and allowances.

§ 227. Distribution of reports and digests.

§ 228. Additional reports and digests-Limitation upon cost-Estimates to be submitted to Congress annually.

§ 229. Distribution of Federal Reporter, etc., and Digests.

§ 230. Terms.

§ 231. Adjournment for want of a quorum.

§ 232. Certain orders made by less than quorum.

§ 233. Original disposition [Exclusive jurisdiction].

§ 234. Writs of prohibition and mandamus.

§ 235. Issues of fact.

§ 236. Appellate jurisdiction.

§ 237. Writs of error from judgments and decrees of State courts.

§ 238. Appeals and writs of error from United States district courts.

§ 239. Circuit court of appeals may certify questions to Supreme Court for instructions.

§ 240. Certiorari to circuit court of appeals.

§ 241. Appeals and writs of error in other cases.

§ 242. Appeals from Court of Claims.

§ 243. Time and manner of appeals from the Court of Claims.

§ 244. Writs of error and appeals from Supreme Court of and United States district court for Porto Rico.

§ 245. Writs of error and appeals from the Supreme Courts of Arizona and New Mexico.

§ 246. Writs of error and appeals from the Supreme Court of Hawaii.

§ 247. Appeals and writs of error from the district court for Alaska direct to Supreme Court in certain cases.