Page:United States Statutes at Large Volume 49 Part 1.djvu/927

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74TH CONGRES S . SESS . I. CHS . 741, 742, AUGUST 27, 1935 . Secretary's powers not curta iled . Vol . 47, p. 707. [CHAPTER 742 .] Sm . 3 . Nothing in this Act shall be construed as curtailing the power of the Secretary of the Interior to sell the remainder of parcel 4 as provided for in Public Law Numbered 299, Seventy-second Con- gress, and should the exchange and dedication as provided for in section 1 fail to become effective the Se cretary of the Interior is still authorized to sell the entire area of parcel 4 as provided for in that Act . Approved, August 27, 1935 . Aug ust 27, 1935 .

AN ACT [H.R.3462.1

To amend an Act entitled "An Act to provid e for the expenses of the g overnment [Public, No.349.1

of the District of Columbia for the fiscal year ending June 30, 1914, and for other purposes, ap pro ved March 4, 191 3 ", and for othe r purpose s . Be it enacted by the Senate and House o f Representatives o f the Dist rict of Columb ia, United States of America in Congress assembled, That section 8 of Public Utilities Com- mission .

the Act entitled "An Act to provide for the expenses of the govern- Vol.37,pp.985,988, ment of the District of Columbia for the fiscal year ending June 30, 1914, and for other purpose s, approved March 4, 1913 ", be , a n d t h e same is hereby, amended by striking therefrom all of paragraph 52, and a ll of para graph 64, after the first sent ence there of, and in serting in lieu of the matter stricken the following Ap plica tion for re- " That any pu blic util ity or a ny other person o r corpora tion nearing on lowe . Commis- sion's order, allowed. affected b any final order or decision of the Commission may, limitations . within thirty days after the publication thereof, file with the Com- mission an application in writing requesting a reconsideration of the matters involved, and stating specifically the errors claimed as grounds for such reconsideration . No public utility, or other person or corporation shall in any court urge or rely on any ground not so Commission's deci- set forth in said application . The Commission, within thirty days sion . after the filing of such application, shall either grant or deny it . Fa ilure by t he Co mmiss ion t o act upon such appl icati on wi thin such period shall be deemed a denial thereof . If such application be granted, the Commission, after giving notice thereof to all inter- ested parties, shall, either with or without hearing, rescind, modify, Application to act as or affirm its order or decision . The filing of such an application st ay on order's execu- tion .

shall act as a stay upon the execution of the order or decision of the Commission until the final action of the Commission upon the appli- Prscise:

cation : Provided, That upon written consent of the utility such order Ex cepti on .

~ or decision shall not be stayed unless otherwise ordered by the Com- App ealres tricti onl

mission. No appeal shall lie from any order of the Commission unless an application for reconsideration shall have been first made and determine d ." repDa Designated sections SEC . 2 . That said section 8 be, and the same hereby is, further Vol.37,p.959 .

amended by striking therefrom paragraphs 65, 66, 67, 68, and 69 and inserting in lieu of the matter stricken the following Appeal from Com- " PAR, 65 . The Supreme Court of the District of Columbia shall mission's decision . have jurisdiction to hear and determine any appeal from an order Court jurisdiction over . or decision of the Commission . Any public utility, or any other person or corporation affected by any final order or decision of the Commission, other than an order fixing or determining the value of the property of a public utility in a proceeding solely for that pur pose, may, with in si xty d ays a fter final acti on by the Commi s- Petition to be sled . sion upon the petition for reconsideration, file with the clerk of the Supreme Court of the District of Columbia a petition of appeal setting forth the reasons for such appeal and the relief sought ; at the same time such appellan t shall file with the Commission notice