6. the House of Representatives, in accordance with the provisions of section thirty-one of the Revised Statutes R. 8., sec. 31, p. of the United States, shall be entitled to payment under this appropriation. * * * For sta- Stationery. CONTINGENT EXPENSES, NAMELY: tionery for * Delegates from Territories, and Resident Commissioners, including five thousand dollars for stationery for the use of the committees and officers of the House, fifty-four thousand seven hundred and fifty dollars. June 17, 1910. CHAP. 301.-An Act To authorize additional aids to navigation in the Light-House Establishment, and to provide for a Bureau of Light- [H. R. 24877.] Houses in the Department of Commerce and Labor, and for other [Public, No. 217.] purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce and Labor be, and he is hereby, authorized to establish and provide the following additional aids to navigation in the Light-House Establishment, under the Department of Commerce and Labor, in accordance with the respective limits of cost hereinafter respectively set forth, which shall in no case be exceeded: 36 Stat. L., pt. 1, p. 534. Aids to naviga tion. tricts. ment. Salaries. Temporary assignment of Army and Navy SEC. 11. That the commissioner of light-houses, sub-Lighthouse disject to the approval of the Secretary of Commerce and RearrangeLabor, as soon as practicable, shall rearrange the ocean, gulf, and lake coasts and the rivers of the United States, Porto Rico, and the naval station in Cuba into not exceeding nineteen light-house districts, and a light-house inspector shall be assigned in charge of each district. The Inspectors. light-house inspectors shall each receive a salary of two thousand four hundred dollars per annum, except the inspector of the third district, whose salary shall be three thousand six hundred dollars per annum. The President may, for a period not exceeding three years from the taking effect of this section, assign army and navy officers to act in lieu of the appointment of civilian light-house inspectors, but such army and navy officers shall not receive any salary or compensation in addition to the salary or compensation they are entitled to as such army or navy officers: Provided, That in the districts which include the Mississippi River and its tributaries the President for may designate army engineers to perform the duties of River districts and act as inspectors. The President may detail officers struction, etc. of the Engineer Corps of the United States Army for consultation or to superintend the construction or repair of any aid to navigation authorized by Congress. officers. Proviso. Engineer officer Detail for con June 18, 1910. CHAP. 309.-An Act To create a commerce court, and to amend the [H. R. 17536.] Act entitled "An Act to regulate commerce," approved February [Public, No. 218.] fourth, eighteen hundred and eighty-seven, as heretofore amended, and 36 Stat. L., pt. for other purposes. 1, p. 539. Commerce Court created. Jurisdiction. To enforce orders of Interstate mission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a court of the United States is hereby created which shall be known as the commerce court and shall have the jurisdiction now possessed by circuit courts of the United States and the judges thereof over all cases of the following kinds: First. All cases for the enforcement, otherwise than by Commerce Com- adjudication and collection of a forfeiture or penalty or Except pay- by infliction of criminal punishment, of any order of the ment of money. Interstate Commerce Commission other than for the payment of money. To enjoin, etc., orders of Commission. To prevent unjust discriminations. Mandamus proceedings. Limitation. Jurisdiction ex clusive. cluded. Status of court. Second. Cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission. Third. Such cases as by section three of the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of the United States. Fourth. All such mandamus proceedings as under the provisions of section twenty or section twenty-three of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, as amended, are authorized to be maintained in a circuit court of the United States. Nothing contained in this Act shall be construed as enlarging the jurisdiction now possessed by the circuits courts of the United States or the judges thereof, that is hereby transferred to and vested in the commerce court. The jurisdiction of the commerce court over cases of Cases not in the foregoing classes shall be exclusive; but this Act shall not affect the jurisdiction now possessed by any circuit or district court of the United States over cases or proceedings of a kind not within the above-enumerated classes. The commerce court shall be a court of record, and shall have a seal of such form and style as the court may Composition. 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 additional circuit judges to be appointed as hereinafter provided, who shall Designation for 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 Filling vacan- 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 first period. cies. designations. the unexpired period for which the original designation was made. After the year nineteen hundred and fourteen Subsequent 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, Presiding shall be the presiding judge of said court, and thereafter the judge senior in designation shall be the presiding judge. judge. ance to judges. Each of the judges during the period of his service in Expense allow 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 President shall, by and with the advice and consent of the Senate, appoint five additional circuit judges no two of whom shall be from the same judicial circuit, who shall hold office during good behavior and who shall be from time to time designated and assigned by the Chief Justice of the United States for service in the circuit court for any district, or the circuit court of appeals for any circuit, or in the commerce court. Appointment cf additional cir cuit Judges. Assignment. succession. The associate judges shall have precedence and shall Precedence 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 Quorum o of the court shall concur in all decisions. court. The court shall also have a clerk and a marshal, with Officials. the same duties and powers, so far as they may be appropriate and are not altered by rule of the court, as are now possessed by the clerk and marshal, respectively, of the Supreme Court of the United States. The offices Offices. of the clerk and marshal of the court shall be in the city of Washington, in the District of Columbia. judges of the court shall appoint the clerk and marshal, Appoint and may also appoint, if they find it necessary, a deputy clerk and deputy marshal; and such clerk, marshal, deputy clerk, and deputy marshal shall hold office during The Appointment the pleasure of the court. The salary of the clerk shall Salaries, etc. be four thousand dollars per annum; the salary of the marshal three thousand dollars per annum; the salary of the deputy clerk two thousand five hundred dollars per annum; and the salary of the deputy marshal two thousand five hundred dollars per annum. The said clerk and marshal may, with the approval of the court, employ all requisite assistance. The costs and fees in Costs and fees. said court shall be established by the court in a table thereof, approved by the Supreme Court of the United States, within four months after the organization of the court; but such costs and fees shall in no case exceed those charged in the Supreme Court of the United States, and shall be accounted for and paid into the Treasury of the United States. Court perma nently open. Washington. Expanses out ton. The commerce court shall be always open for the transSessions in action of business. Its regular sessions shall be held in the city of Washington, in the District of Columbia; but the powers of the court or of any judge thereof, or of the clerk, marshal, deputy clerk, or deputy marshal side of Washing may be exercised anywhere in the United States; and for expedition of the work of the court and the avoidance of undue expense or inconvenience to suitors the court shall hold sessions in different parts of the United States as may be found desirable. The actual and necessary expenses of the judges, clerk, marshal, deputy clerk, and deputy marshal of the court incurred for travel and attendance elsewhere than in the city of Washington shall be paid upon the written and itemized certificate of such judge, clerk, marshal, deputy clerk, or deputy marshal by the marshal of the court, and shall be allowed to him in the statement of his accounts with the United States. Court rooms. outside of Washington. Assignment of judges to other duty. The United States marshals of the several districts outside of the city of Washington in which the commerce court may hold its sessions shall provide, under the direction and with the approval of the Attorney-General of the United States, such rooms in the public buildings of the United States as may be necessary for the court's use; but in case proper rooms can not be provided in such public buildings, said marshals, with the approval of the Attorney-General of the United States, may then lease from time to time other necessary rooms for the court. If, at any time, the business of the commerce court does not require the services of all the judges, the Chief Justice of the United States may, by writing, signed by him and filed in the Department of Justice, terminate the assignment of any of the judges or temporarily assign him for service in any circuit court or circuit court of appeals. Temporary as In case of illness or other disability of any judge assigned to the commerce court the Chief Justice of the United States may assign any other circuit judge of the United States to act in his place, and may terminate such assignment when the exigence therefor shall cease; and any circuit judge so assigned to act in place of such judge shall, during his assignment, exercise all the powers and perform all the functions of such judge. signment to fill vacancies. Powers of court and judges. In all cases within its jurisdiction the commerce court, and each of the judges assigned thereto, shall, respectively, have and may exercise any and all of the powers of a circuit court of the United States and of the judges of said court, respectively, so far as the same may be appropriate to the effective exercise of the jurisdiction Issue of process. hereby conferred. The commerce court may issue all writs and process appropriate to the full exercise of its jurisdiction and powers and may prescribe the form thereof. It may also, from time to time, establish such rules and regulations concerning pleading, practice, or procedure in cases or matters within its jurisdiction as to Procedure. process. the court shall seem wise and proper. Its orders, writs, service, etc., of and process may run, be served, and be returnable anywhere in the United States; and the marshal and deputy marshal of said court and also the United States marshals and deputy marshals in the several districts of the United States shall have like powers and be under like duties to act for and in behalf of said court as pertain to United States marshals and deputy marshals generally when acting under like conditions concerning suits or matters in the circuits of the United States. tions for reliel. swer. The jurisdiction of the commerce court shall be invoked, Filing of petiby filing in the office of the clerk of the court a written petition setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and specifying the relief sought. A copy of such petition shall be Service of copforthwith served by the marshal or a deputy marshal of the commerce court or by the proper United States marshal or deputy marshal upon every defendant therein named, and when the United States is a party defendant, the service shall be made by filing a copy of said petition in the office of the Secretary of the Interstate Commerce Commission and in the Department of Justice. Within Filing of anthirty days after the petition is served, unless that time is extended by order of the court or a judge thereof an answer to the petition shall be filed in the clerk's office, and a copy thereof mailed to the petitioner's attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting 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 swer be filed. court may, by rule, prescribe the method of taking evi-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 Act, or by rule Practice of the court, the practice and procedure in the commerce procedure. court shall conform as nearly as may be to that in like cases in a circuit court of the United States. Relief if no an dence. court. and The commerce court shall be opened for the transaction Opening of of business at a date to be fixed by order of the said court, which shall be not later than thirty days after the judges thereof shall have been designated. Appeals to Su SEC. 2. That a final judgment or decree of the commerce court may be reviewed by the Supreme Court of preme Court. 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 circuit court of the United States to the Supreme Court, and the com |