Page:United States Statutes at Large Volume 42 Part 1.djvu/217

SIXTY·SEVENTH CONGRESS. Sess. I. Ch. 86. 1921. 189 oflicers of the board of trade affected and u on a he : Provided, , 0 That such suspension or revocation shall pbe final and conclusive imlicislpliiltiginuliiuilinga unless withm fifteen days after such suspension or revocation by the ;,'i..`i§Il°L1`S2{°?,°}§;,'Zs§;I§Q said commission such board of trade appeals to the circuit court of °°°· appeals for the circuit in which it has its principal place of business bly filing with the clerk of such court a written petition raying that t e order of the said commission be set aside or modifiedp in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such board of trade will pay the costs of the proceedings if the co1u·t so directs. The clerk of-,,,,§$?,',§l°,5§¤°$},f° l’° the court in whic such a petition is Hled shall immediately cause a copy thereof to be delivered to the Secretary of Agriculture, chairman of said commission, or any member thereof, and the said commission shall forthwith prepare, certify, and file in the com·t a full and accurate transcript of the recordin such proceedings, including the notice to the board of trade, a copy of the charges, the evidence, and the repcgrt and order. The testimony and evidence taken or ,,,;,'§,°§Y"*°° “ '°’"` submitted fore the said commission duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedilggs in such cases in the E‘P°'u““"u'°°’°°‘ circuit court of appeals shall be made a p erred cause and shall be expedited in every way. Such a court may aflirm or set aside the ,,§,§,%m°uLi or er of the said commission or may direct it to modify its order. i¤¤<L‘ No such order of the said commission shall be modified or set aside by the circuit court of appeals unless it is shown by the board of trade that the order is unsupported by the we' ht of the evidence or was issued without due notice and a reasonabli opportunity having been afforded to such board of trade for a hearing; or infringes the Constitution of the United States, or is beyond e jurisdiction of _ said commission: Provided farther, That if the Secretary of Agricul— ,,,;'},*’}’f“bl,§§, $,‘}"§§§g ture shall refuse to desigpate as a contract market any board of ;>s9&*¤'*§;•gt;i!;•;rii¤;·;¢¤¤¤ trade that has made app `cation therefor, then such board of trade ' may appeal from such refusal to the commission described therein, consisting of the Secretary of Agriculture, the Secret of Commerce, and the Attorney General of the United States, the right to appeal as provided for in other cases in this section, the decision on D°°“l°"°“°" such a al to be final and binding on all parties interested. _ (b) llllfat if the Secretary of Agricultiue has reason to believe that ,,,$g‘§‘,,l§1“},§}°’,,$‘,g',f§ any person is violating any of the provisions of this Act, or is attempt- P¤>**¤*°¤¤ ¤°¤’¤°*'· ing to manipulate the market price of any grain in violation of the provisions of section 5 hereof, or of any of the rules or regulations made pursuant to its requirements, he may serve upon such person a complaint stating his chargle in that respect, to which comtplamt shall be attached or contained therein a notice of hearing, spepgfying a day and place not less than three days after the service ther , requiring such person to show cause why an order should not be made that all contract markets until further notice of the said commission mgkfggmkgum refuse all tradin rivileges thereon to such person. Said hearing ' may be held in V§as}lii.ngton, District of Columbia, or elsewhere, before the said commission, or before a referee designated by the Secretary of A `culture, who shall cause all evidence to be reduced to writmg and lelilrthwith transmit the same to the Secretary of Agriculture as chairman of the said commission. That for the purpose of securing my ay; I effective enforcement of the provisions of this ct the provisions, :emmm,e¢a y' including penalties, of section 12 of the Interstate Commerce Act, as V<>r 26. 1>· Wt amended, relating to the attendance and testimony of witnesses, the production of documentary evidence, and the immumty of witnesses, are made a plicable to the power, jurisdiction, and_author1ty_of the Secretary o¥Agriculture, the said commission, or said referee in_proceedings under this Act, and to persons subject to its provisions.