§ 1333. Amendment on appeal in prize cases.

The Supreme Court may, if, in its judgment, the purposes of justice require it, allow any amendment, either in form or substance, of any appeal in prize cases, or allow a prize appeal therein, if it appears that any notice of appeal or of intention to appeal was filed with the clerk of the district court within thirty days next after the rendition of the final decree therein.

R. S. § 4636, U. S. Comp. Stat. 1901, p. 3135. The above section was originally enacted in 1873.20 The first part of above provision down to and including "prize cases" is reproduced in precisely the same form in R. S. § 1006.1

§ 1334. Prize causes after appeal.

Any districts court may, notwithstanding an appeal to the Supreme Court, in any prize cause, make and execute all necessary orders for the custody and disposal of the prize property, and, in case of an appeal from a decree of condemnation, may proceed to make a decree of distribution, so far as to determine what share of the prize shall go to the captors, and what vessels are entitled to participate therein.

B. S. § 565, U. S. Comp. Stat. 1901, p. 461.

Substantially the

The above section was originally enacted in 1864.3 same provision is contained in R. S. § 4637,4 which declares that "notwithstanding any appeal to the Supreme Court, the district court may make and execute all necessary orders for the custody and disposal of the prize property; and in case of appeal from a decree of condemnation, may still proceed," etc., the remainder being identical with R. S. § 565, supra. By an act of 1899 "All provisions of law authorizing the distribution among the captors of the whole or any portion of the proceeds of vessels or any property hereafter captured, condemned as prize are hereby repealed." Hence the latter portion of R. S. §§ 565 and 4637 are repealed by the act of 1899.5

20 Act March 3, 1873, c. 230, § 2, 17 Stat. 556.

1U. S. Comp. Stat. 1901, p. 714. 3 Act June 30, 1864, c. 174, § 13, 13 Stat. 310.

4U. S. Comp. Stat. 1901, p. 3135, By an act of 1899.

5 Act March 3, 1899, c. 413, § 13, U. S. Comp. Stat. 1901, p. 1072.

CHAPTER 42.

PROCEDURE IN CAUSES UNDER COMMERCE LAWS.

§ 1345. Procedure in suits for violation of anti-trust acts of 1890-1894. § 1346. -bringing in additional parties.

§ 1347. Expediting hearing of suits by United States under anti-trust and commerce laws-personnel of court.

§ 1348. Election of person aggrieved by carrier to complain to commission

or sue.

§ 1349. Proceedings against carrier failing to obey Commission's award of damages-venue, etc.

§ 1350.-time for filing claim and bringing suit.

§ 1351. -parties-joint action-service of process.

§ 1352.

§ 1353.

-recovery.

Proceedings on violation of order other than for damages-petition, service, etc.

§ 1354. —injunction or other process against offending carrier.

§ 1355. -appeal-priority of hearing-not a supersedeas.

§ 1356.

Suits against Commission-venue-expediting hearing-appeals and priority-interlocutory injunction and appeal.

§ 1357. Copies of papers, schedules and reports filed with Commission, as

evidence.

§ 1358. Mandamus to compel obedience to commerce acts.

§ 1359. Proceedings in equity by commission against carrier discriminating in rates, etc.-petition and hearing.

§ 1360. -process against such carrier to enforce published rates.

§ 1361. -suits by injured party for damages, not precluded.

§ 1362. What parties may be included in commerce cases.

§ 1363. Reports of accidents made to Commission not admissible evidence.

§ 1364. No person excused from testifying because of possible incrimina

tion.

§ 1365. Compelling attendance of witnesses and production of papers. § 1366. Immunity from prosecution for testimony except for perjury

therein.

§ 1367. Compelling witnesses to appear before commerce Commission.

§ 1368. Existing laws as to evidence and witnesses apply under act of

1906.

§ 1369. Attorney General to sue for rebate penalties.

§ 1370. Forfeitures to United States, recovery and venue.

§ 1371. —duty of district attorneys-special counsel-costs.

§ 1345. Procedure in suits for violation of anti-trust acts of

1890-1894.

Such proceedings [i. e., proceedings in equity to prevent or restrain violations of the anti-trust act of 1890] may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.

Part of § 4, act July 2, 1890, c. 647, 26 Stat. 209, U. S. Comp. Stat. 1901, p. 3201.

There is an identical provision in § 74 of the act of 1894.1 The omitted part of § 4, supra, vests jurisdiction over such proceedings in the circuit courts, and is given elsewhere.2 Restraining orders and injunctions have issued pursuant to the above statute.3

Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof.

Act July 2, 1890, c. 647, § 5, 26 Stat. 210, U. S. Comp. Stat. 1901,

3201.

p.

The 75th section of the act of 18946 is identical with the foregoing, except that it refers to § 74 instead of § 4, supra.

§ 1347. Expediting hearing of suits by United States under anti-trust and commerce laws-personnel of court. 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

1 Act Aug. 27, 1894, c. 349, § 74, 28 Stat. 570, U. S. Comp. Stat. 1901, p. 3203.

2 Ante, § 142. 3United States v. Agler, 62 Fed. 824; United States v. Elliott, 64 Fed.

monop

31; Nelson v. United States, 201 D. S. 92, 50 L. ed. 673, 26 Sup. Ct. Rep. 358.

5 Ante, § 1345.

6 Act Aug. 27, 1894, c. 349, § 75.

olies," approved July 2, 1890, "An Act to regulate commerce," approved Feb. 4, 1887, 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. In the event the judges sitting in such case shall be divided in opinion, the case shall be certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided.

- 1 act Feb. 11, 1903, c, 544, 32 Stat. 823, U. S. Comp. Stat. 1905, p. 622.

The second section of the act of 1903 provides for direct appeals to the Supreme Court.7

§ 1348. Election of person aggrieved by carrier to complain to commission or sue.

Any person or persons claiming to be damaged by any common carrier subject to the provisions of this act [i. e., engaged in interstate commerce, etc.] may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. 1901, p. 3159.

Part of § 9, act Feb. 4, 1887, c. 104, 24 Stat. 382, U. S. Comp. Stat. A provision regarding the venue of suits under the interstate commerce law is contained in a preceding chapter.8 While the act of 1887 was amend

28 Stat. 570, U. S. Comp. Stat. 1901, p. 3203.

7 Ante, § 62.

8 Ante, § 432, et seq.

ed in 1906, as respects §§ 1, 6, 14, 15 and 16, the above section was not changed.9

§ 1349. Proceedings against carrier failing to obey Commission's award of damages-venue, etc.

If, after hearing on a complaint made as provided in section thirteen of this Act [i. e., before the Commission], the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this act for a violation thereofthe 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 complainant, or any person for whose benefit such order was made, may file in the circuit 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, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

Part of § 16, act Feb. 4, 1887, 24 Stat. 384, as amended June 29, 1906, c. 3591, 34 Stat. 590.

The act of 1906 amended § 16 so as to differentiate proceedings to enforce an award of damages or for money, and other awards. The statute applies to an award against railroad receivers, as against the railroad corporation itself.10 Prior to 1908 jurisdiction in the court to inquire into money awards was denied.11

§ 1350. time for filing claim and bringing suit.

All complaints for the recovery of damages shall be filed with

9 Act June 29, 1906, c. 3591, 34 etc. Ry. 82 Fed. 195; Farmers, etc. Stat. 584. Co. v. Northern Pac. Ry. 83 Fed. 249;

10 Farmers, etc. Trust Co. v. North- Interstate Com. Com. v. East Tenn. etc. Ry. 85 Fed. 107.

ern Pacific Ry. 83 Fed. 249.

11Interstate Com. Com. v. Western.