(6) A bank, banking association, savings bank, or trust company not engaged in a class or classes of business in which such member bank is engaged. (7) A mutual savings bank having no capital stock.

Until February 1, 1939, nothing in this section shall prohibit any director, officer, or employee of any member bank of the Federal Reserve System, or any branch thereof, who is lawfully serving at the same time as a private banker or as a director, officer, or employee of any other bank, banking association, savings bank, or trust company, or any branch thereof, on August 23, 1935, from continuing such service.

The Board of Governors of the Federal Reserve System is authorized and directed to enforce compliance with this section, and to prescribe such rules and regulations as it deems necessary for that purpose.

No person at the same time shall be a director in any two or more corporations, any one of which has capital, surplus, and undivided profits aggregating more than $1,000,000, engaged in whole or in part in commerce, other than banks, banking associations, trust companies, and common carriers subject to chapters 1, 8 and 12 of Title 49, if such corporations are or shall have been theretofore, by virtue of their business and location of operation, competitors, so that the elimination of competition by agreement between them would constitute a violation of any of the provisions of any of the antitrust laws. The eligibility of a director under the foregoing provision shall be determined by the aggregate amount of the capital, surplus, and undivided profits, exclusive of dividends declared but not paid to stockholders, at the end of the fiscal year of said corporation next preceding the election of directors, and when a director has been elected in accordance with the provisions of sections 12, 13, 14-21 and 22-27 of this title it shall be lawful for him to continue as such for one year thereafter.

When any person elected or chosen as a director or officer or selected as an employee of any bank or other corporation subject to the provisions of said sections is eligible at the time of his election or selection to act for such bank or other corporation in such capacity his eligibility to act in such capacity shall not be affected and he shall not become or be deemed amenable to any of the provisions hereof by reason of any change in the affairs of such bank or other corporation from whatsoever cause, whether specifically excepted by any of the provisions hereof or not, until the expiration of one year from the date of his election or employment. (Oct. 15, 1914, ch. 323, § 8, 38 Stat. 732; May 15, 1916, ch. 120, 39 Stat. 121; May 26, 1920, ch. 206, 41 Stat. 626; Mar. 9, 1928, ch. 165, 45 Stat. 253; Mar. 2, 1929, ch. 581, 45 Stat. 1536; Aug. 23, 1935, ch. 614, § 329, 49 Stat. 717.)

REFERENCES IN TEXT

The National Bank Act, referred to in the text, was act June 3, 1864, ch. 106, 13 Stat. 99. For distribution of said act in this code see section 38 of Title 12, Banks and Banking, and note thereunder.

§ 19a. Repealed. Aug. 23, 1935, ch. 614, § 329, 49 Stat. 717.

Section, act Oct. 15, 1914, ch. 323, § 8a, as added June 16, 1933, ch. 89, § 33, 48 Stat. 194, related to interlocking corporations or partnerships making loans on securities. § 20. Purchases by common carriers in case of interlocking directorates, etc.

No common carrier engaged in commerce shall have any dealings in securities, supplies, or other articles of commerce, or shall make or have any contracts for construction or maintenance of any kind, to the amount of more than $50,000, in the aggregate, in any one year, with another corporation, firm, partnership, or association when the said common carrier shall have upon its board of directors or as its president, manager, or as its purchasing or selling officer, or agent in the particular transaction, any person who is at the same time a director, manager, or purchasing or selling officer of, or who has any substantial interest in, such other corporation, firm, partnership, or association, unless and except such purchases shall be made from, or such dealings shall be with, the bidder whose bid is the most favorable to such common carrier, to be ascertained by competitive bidding under regulations to be prescribed by rule or otherwise by the Interstate Commerce Commission. No bid shall be received unless the name and address of the bidder or the names and addresses of the officers, directors, and general managers thereof, if the bidder be a corporation, or of the members, if it be a partnership or firm, be given with the bid.

Any person who shall, directly or indirectly, do or attempt to do anything to prevent anyone from bidding, or shall do any act to prevent free and fair competition among the bidders or those desiring to bid, shall be punished as prescribed in this section in the case of an officer or director.

Every such common carrier having any such transactions or making any such purchases shall, within thirty days after making the same, file with the Interstate Commerce Commission a full and detailed statement of the transaction showing the manner of the competitive bidding, who were the bidders, and the names and addresses of the directors and officers of the corporations and the members of the firm or partnership bidding; and whenever the said commission shall, after investigation or hearing, have reason to believe that the law has been violated in and about the said purchases or transactions, it shall transmit all papers and documents and its own views or findings regarding the transaction to the Attorney General.

If any common carrier shall violate this section, it shall be fined not exceeding $25,000; and every such director, agent, manager, or officer thereof who shall have knowingly voted for or directed the act constituting such violation, or who shall have aided or abetted in such violation, shall be deemed guilty of a misdemeanor and shall be fined not exceeding $5,000 or confined in jail not exceeding one year, or both, in the discretion of the court. (Oct. 15, 1914, ch. 323,

§ 10, 38 Stat. 734.)

CROSS REFERENCES Misdemeanor, offense punishable by imprisonment not exceeding one year as, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 21. Enforcement provisions; procedure.

Authority to enforce compliance with sections 13, 14, 18, and 19 of this title by the persons respectively subject thereto is vested in the Interstate Commerce Commission where applicable to common carriers subject to the Interstate Commerce Act, as amended; in the Federal Communications Commission where applicable to common carriers engaged in wire or radio communication or radio transmission of energy; in the Civil Aeronautics Board where applicable to air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938; in the Federal Reserve Board where applicable to banks, banking associations, and trust companies; and in the Federal Trade Commission where applicable to all other character of commerce to be exercised as follows:

The

Whenever the Commission or Board vested with jurisdiction thereof shall have reason to believe that any person is violating or has violated any of the provisions of sections 13, 14, 18, and 19 of this title, it shall issue and serve upon such person and the Attorney General a complaint stating its charges in that respect, and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. person so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission or Board requiring such person to cease and desist from the violation of the law so charged in said complaint. The Attorney General shall have the right to intervene and appear in said proceeding and any person may make application, and upon good cause shown may be allowed by the Commission or Board, to intervene and appear in said proceeding by counsel or in person. The testimony in any such proceeding shall be reduced to writing and filed in the office of the Commission or Board. If upon such hearing the Commission or Board, as the case may be, shall be of the opinion that any of the provisions of said sections have been or are being violated, it shall make a report in writing, in which it shall state its findings as to the facts, and shall issue and cause to be served on such person an order requiring such person to cease and desist from such violations, and divest itself of the stock, or other share capital, or assets, held or rid itself of the directors chosen contrary to the provisions of sections 18 and 19 of this title, if any there be, in the manner and within the time fixed by said order. Until a transcript of the record in such hearing shall have been filed in a United States court of appeals, as hereinafter provided, the Commission or Board may at any time, upon such notice, and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section.

If such person fails or neglects to obey such order of the Commission or Board while the same is in

effect, the Commission or Board may apply to the United States court of appeals, within any circuit where the violation complained of was or is being committed or where such person résides or carries on business, for the enforcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the Commission or Board. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, or setting aside the order of the Commission or Board. The findings of the Commission or Board as to the facts, if supported by substantial evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission or Board, the court may order such additional evidence to be taken before the Commission or Board and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission or Board may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari as provided in section 1254 of Title 28.

Any party required by such order of the Commission or Board to cease and desist from a violation charged may obtain a review of such order in said United States court of appeals by filing in the court a written petition praying that the order of the Commission or Board be set aside. A copy of such petition shall be forthwith served upon the Commission or Board, and thereupon the Commission or Board forthwith shall certify and file in the court a transcript of the record as hereinbefore provided. Upon the filing of the transcript the court shall have the same jurisdiction to affirm, set aside, or modify the order of the Commission or Board as in the case of an application by the Commission or Board for the enforcement of its order, and the findings of the Commission or Board as to the facts, if supported by substantial evidence, shall in like manner be conclusive.

The jurisdiction of the United States court of appeals to enforce, set aside, or modify orders of the Commission or Board shall be exclusive.

Such proceedings in the United States court of appeals shall be given precedence over cases pending

therein, and shall be in every way expedited. No order of the Commission or Board or the judgment of the court to enforce the same shall in anywise relieve or absolve any person from any liability under the antitrust Acts.

Complaints, orders, and other processes of the Commission or Board under this section may be served by anyone duly authorized by the Commission or Board, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person; or (c) by registering and mailing a copy thereof addressed to such person at his principal office or place of business. The verified return

by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same.

(Oct. 15, 1914,

ch. 323, § 11, 38 Stat. 734; Feb. 13, 1925, ch. 229, § 2, 43 Stat. 939; June 19, 1934, ch. 652, § 602 (d), 48 Stat. 1102; Aug. 23, 1935, ch. 614, § 203 (a), 49 Stat. 704; June 23, 1938, ch. 601, § 1107 (g), 52 Stat. 1028; 1940 Reorg. Plan No. IV, § 7, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1235; June 25, 1948, ch. 646, § 32 (a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Dec. 29, 1950, 12:50 a. m., ch. 1184, 64 Stat. 1125.)

REFERENCES IN TEXT

The Interstate Commerce Act, referred to in the text of first par., is classified to chapters 1, 8, 12, and 13 of Title 49, Transportation.

The Civil Aeronautics Act of 1938, referred to in the text of first par., is classified to chapter 9 of Title 49, Transportation.

The antitrust acts referred to in the text of sixth par., are classified to chapter 1 of this title.

AMENDMENTS

1950-Act Dec. 29, 1950, amended section generally to allow the Attorney General to intervene and appear in any proceeding brought by any Commissioner, Authority, or Board to enforce sections 13, 14, 18, and 19 of this title, but the amendment in nowise affects the jurisdiction of the Department of Justice to enforce these sections in the courts.

1938-Act June 23, 1938, inserted "in the Civil Aeronautics Authority · Act of 1938", and also a comma and word "authority" after "commission" wherever latter appeared in text.

1935-Name of Federal Reserve Board was changed to Board of Governors of the Federal Reserve System by act Aug. 23, 1935.

1934 First paragraph amended by act June 19, 1934. 1925 Provision for review upon certiorari under former sections 346 and 347, now 1254 of Title 28, Judiciary and Judicial Procedure, of judgments under this section was added by act Feb. 13, 1925.

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "court of appeals" in lieu of "circuit court of appeals".

TRANSFER OF FUNCTIONS

All executive and administrative functions of the Federal Trade Commission were, with certain reservations, transferred to the Chairman of such Commission

24626-53-vol. 2-3

by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F. R. 3175, 64 Stat. 1264, set out in note under section 41 of this title.

The Civil Aeronautics Authority and its functions were transferred to the Department of Commerce and the Authority redesignated as the Civil Aeronautics Board by 1940 Reorg. Plan No. IV, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Jurisdiction and powers of Federal Trade Commission, see sections 45 and 46 of this title.

§ 21a. Actions and proceedings pending prior to June 19, 1936; additional and continuing violations. Nothing contained in this section or sections 1313b of this title shall affect rights of action arising, or litigation pending, or orders of the Federal Trade Commission issued and in effect or pending on review, based on section 13 of this title, prior to June 19, 1936: Provided, That where, prior to June 19, 1936, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 13 of this title, and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent jurisdiction, and the Commission shall have reason to believe that such person has committed, used or carried on, since June 19, 1936, or is committing, using or carrying on, any act, practice or method in violation of any of the provisions of said section 13 of this title, it may reopen such original proceeding and may issue and serve upon such person its complaint, supplementary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supplementary complaint as provided in section 21 of this title. If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary complaint has been committed, used, or carried on since June 19, 1936, or is being committed, used or carried on, in violation of said section 13 of this title, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending its original order to include any additional violations of law so found. Thereafter the provisions of section 21 of this title, as to review and enforcement of orders of the Commission shall in all things apply to such modified or amended order. If upon review

as provided in said section 21 of this title the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken. (June 19, 1936, ch. 592, § 2, 49 Stat. 1527.)

TRANSFER OF FUNCTIONS

All executive and administrative functions of the Federal Trade Commission were, with certain reservations, transferred to the Chairman of such Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F. R. 3175, 64 Stat. 1264, set out in note under section 41 of this title.

CROSS REFERENCES

Exemptions of non-profit institutions from provisions of this section, see section 13c of this title.

§ 23. Suits by United States; subpoenas for witnesses. In any suit, action, or proceeding brought by or on behalf of the United States subpoenas for witnesses who are required to attend a court of the United States in any judicial district in any case, civil or criminal, arising under the antitrust laws may run into any other district: Provided, That in civil cases no writ of subpoena shall issue for witnesses living out of the district in which the court is held at a greater distance than one hundred miles from the place of holding the same without the permission of the trial court being first had upon proper application and cause shown. (Oct. 15, 1914, ch. 323, § 13, 38 Stat. 736.)

FEDERAL RULES OF CIVIL PROCEDURE

Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1, following section 2072 of Title 28, Judiciary and Judicial Procedure. One form of action, see rule 2.

Subpoena, see rule 45.

FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena, see rule 17, following section 3771 of Title 18, Crimes and Criminal Procedure.

§ 24. Liability of directors and agents of corporation. Whenever a corporation shall violate any of the penal provisions of the antitrust laws, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation, and such violation shall be deemed a misdemeanor, and upon conviction therefor of any such director, officer, or agent he shall be punished by a fine of not exceeding $5,000 or by imprisonment for not exceeding one year, or by both, in the discretion of the court. (Oct. 15, 1914, ch. 323, § 14, 38 Stat. 736.)

CROSS REFERENCES

Misdemeanor, offense punishable by imprisonment not exceeding one year as, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 25. Restraining violations; procedure.

The several district courts of the United States are invested with jurisdiction to prevent and restrain

violations of sections 12, 13, 14-21, and 22-27 of this title, and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings 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. Whenever it shall appear to the court before which any such proceeding 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 subpœnas to that end may be served in any district by the marshal thereof. (Oct. 15, 1914, ch. 323, § 15, 38 Stat. 736.)

CROSS REFERENCES

Restraining violations of trusts in restraint of import trade, see section 9 of this title.

Restraining violations of unlawful combinations and monopolies, see section 4 of this title.

FEDERAL RULES OF CIVIL PROCEDURE

Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1, following section 2072 of Title 28, Judiciary and Judicial Procedure. Modification of section by rule 4, see note by Advisory Committee under said rule 4.

One form of action, see rule 2.

Process and injunctions, see rules 4 and 65.

§ 26. Injunctive relief for private parties; exception. Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections 13, 14, 18, and 19 of this title, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing contained in sections 12, 13, 14—21 and 2227 of this title shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit in equity for injunctive relief against any common carrier subject to the provisions of chapters 1, 8, and 12 of Title 49, in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission. (Oct. 15, 1914, ch. 323, § 16, 38 Stat.

737.)

CROSS REFERENCES

Labor disputes, restriction of injunctive relief, see sections 52 and 107 of Title 29, Labor.

Venue of

Damage actions, see section 15 of this title. Proceedings against corporations, see section 22 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Continuation of section under rule 65, see note by Advisory Committee under said rule 65, following section 2072 of Title 28, Judiciary and Judicial Procedure.

Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognisable as cases at common law or in equity, see rule 1. Injunctions, see rule 65.

One form of action, see rule 2.

§ 27. Effect of partial invalidity.

If any clause, sentence, paragraph, or part of sections 12, 13, 14-21, and 22-27 of this title shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Oct. 15, 1914, ch. 323, 26, 38 Stat. 740.)

§ 28. Expedition of actions by United States involving general public importance.

In any civil action brought in any district court of the United States under sections 1-7 of this title, chapters 1, 8, and 12 of Title 49, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is plaintiff, 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 the chief judge of the circuit (or in his absence, the presiding circuit judge) of the circuit in which the case is pending. Upon receipt of the copy of such certificate, it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. (Feb. 11, 1903, ch. 544, § 1, 32 Stat. 823; June 25, 1910, ch. 428, 36 Stat. 854; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Apr. 6, 1942, ch. 210, § 1, 56 Stat. 198; June 25, 1948, ch. 646, §§ 1, 32 (a), 62 Stat. 870, 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)

CODIFICATION

The words "(including the District of Columbia).” following "of the circuit in which the case is pending" have been deleted as superfluous in view of section 41 of Title 28, Judiciary and Judicial Procedure, which includes the District of Columbia within the eleven judicial circuits of the United States.

Section is also set out as section 44 of Title 49, Transportation.

AMENDMENTS

1942-Act Apr. 6, 1942 amended section generally. 1910-Act June 25, 1910, added provisions for designation of district judges to sit in case full court is not made up due to absence or disqualification of circuit judges and for reargument in event judges sitting are equally divided in opinion.

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted "chief judge of the circuit" for "senior circuit Judge".

Act Mar. 3, 1911, which transferred the powers and duties of the circuit courts to the district courts, substituted "district court" for "circuit court".

PENDING CASES, EFFECT OF AMENDMENT Section 2 of act Apr. 6, 1942, provided: "The amendment made by section 1 of this Act [amending Title 15, § 28, and Title 49, § 44] shall not apply to any case with respect to which the Attorney General has filed a certificate prior to the date of the enactment of this Act and in which the court has already been constituted."

CROSS REFERENCES

Composition and procedure of three-judge district court, see section 2284 of Title 28, Judiciary and Judicial Procedure.

Single judge's powers in action in three-judge district court for interlocutory injunction and final hearing under this section, see section 2284 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE Assignment of cases for trial, see rule 40, following section 2072 of Title 28 Judiciary and Judicial Procedure. Stay of proceedings to enforce judgment, see rule 62. § 29. Appeals to Supreme Court.

In every civil action brought in any district court of the United States under any of said Acts, wherein the United States is complainant, an appeal from the final judgment of the district court will lie only to the Supreme Court. (Feb. 11, 1903, ch. 544, § 2, 32 Stat. 823; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272; June 25, 1948, ch. 646, § 17, 62 Stat. 989.)

REFERENCES IN TEXT

The phrase, "said Acts," in this section has reference to civil actions "under sections 1-7 of this title, chapters 1, 8, and 12 of Title 49, Transportation, or any other Acts having a like purpose that hereafter may be enacted," as this phrase is set out in section 28 of this title.

CODIFICATION

Section is also set out as section 45 of Title 49, Transportation.

AMENDMENTS

1948-Act June 25, 1948, amended section generally to strike out provisions relating to time for appeal, procedure, etc., as being covered by sections 2101 and 2109 of Title 28, Judiciary and Judicial Procedure.

1944-Act June 9, 1944, amended section by providing for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for designation of circuit judges in the event of disqualification from hearing the case.

1911-Act Mar. 3, 1911, omitted proviso clause relating to appeals pending at time section was enacted.

CHANGE OF NAME

Act Mar. 3, 1911, which transferred the powers and duties of the circuit courts to the district courts, substituted "district court" for "circuit court".

EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

EFFECTIVE DATE OF 1944 AMENDMENT

The last paragraph of act June 9, 1944, provided: "This Act [this section] shall apply to every case pending before the Supreme Court of the United States on the date of its enactment [June 9, 1944]."