Sec. 189. The court shall always be open. Its sessions may be held in the several judi cial circuits and at such places as the court may from time to time designate. The judge attending, at any place other than Washing ton, shall be paid his expenses and those of one stenographic clerk.
Sec. 194. The court is a court of record.
Sec. 195. It has exclusive appellate juris diction to review final decisions by the board of general appraisers in all cases as to the construction of the law and the facts respect ing the classification of merchandise and the rate of duty imposed thereon under such classification and the fees and charges con nected therewith and all appealable questions as to the jurisdiction of said board and as to the laws and regulations governing the col lection of the customs revenues, and its judg ment is final.
Sec. 196. No appeal shall be taken or al lowed from any board of United States gen eral appraisers to any other court, and no appellate jurisdiction shall be exercised by any other court in cases decided by the said board, and nothing shall be deemed to de prive the supreme court of jurisdiction to hear and determine all customs cases which have heretofore been certified to said court from the United States circuit courts of ap peals on application for writs of certiorari or otherwise, nor to review by writ of cer tiorari any customs case heretofore decided or now pending and hereafter decided; pro vided that application for said writ be made within six months after August 5, 1909; with a further proviso as to cases decided before the last-mentioned date.
Sec. 198. In case an importer, owner, con signee, or agent of any imported merchan dise, or the Secretary of the Treasury, shall be dissatisfied with the report board of general appraisers, in the matters above referred to, he may within sixty days after the entry of a judgment of the board appeal to the court of customs appeals for a review of the questions of law and fact therein in volved. (In Alaska and in the insular and other outside possessions ninety days is al lowed for making such application.) No change was made in this court by the Tariff act of 1913.
The Commerce Court was provided for by the Judicial code. It is a court of record, to consist of five judges assigned by the chief justice of the United States from among the circuit judges, except that in the first in stance it is to be composed of five additional circuit judges, authorized by the act of June 18, 1910, and designated by the President to serve one, two, three, four, and five years respectively. Its regular sessions are to be held in Washington. It may exercise its
powers and sit in different parts of the Unit ed States. Its process runs throughout the United States. Its jurisdiction extends to the jurisdiction possessed by circuit courts immediately prior to June 18, 1910, over all cases of the following kind: 1. All cases for the enforcement, otherwise than by adjudication and collection of a for feiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money.
2. Cases brought to enjoin, set aside, an nul, or suspend in whole or in part any order of the Interstate Commerce Commission.
3. Such cases as by sec. 3 of the Act of Feb. 19, 1903, to further regulate commerce with foreign nations and among the states, are authorized to be maintained in a circuit court.
4. All such mandamus proceedings as un der the provisions of sec. 20 or sec. 23 of the "act to regulate commerce" (Feb. 4, 1887), as amended, are authorized to be maintained in a circuit court.
Nothing contained in the act shall be con strued as enlarging the jurisdiction now possessed by the circuit courts that is hereby transferred to the commerce court.
The jurisdiction of the commerce court over cases of the foregoing classes is exclu sive; all jurisdiction not in the above classes remains with the district courts as before.
The Commerce Court was abolished by act of October 22, 1913 (in effect December 31, 1913). Its jurisdiction was transferred to the district courts; the act contained the following provisions : The orders and processes of the district courts run through out the United States. No interlocutory in junction, suspending or restraining the op eration of or setting aside an order of the Interstate Commerce Commission, shall he made unless the application shall be heard by three judges, one of whom shall be a cir cuit judge, and unless a majority thereof shall concur. At least five days' notice of the hearing must be given to the commission, to the attorney general, and the defendants. Where irreparable damage might ensue, a majority of the three judges may, after not less than three days' notice as aforesaid, al low a temporary stay of the order of the commission for not more than sixty days. Au appeal lies direct to the supreme court on an order granting an interlocutory injunction, if the appeal be taken within thirty days after the injunction is granted or refused, and a final judgment of the district court may be reviewed by the supreme court upon an appeal taken within sixty days.