Public Law 352. to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia; to prescribe penalties for the violation of the provis
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(/us/pl/75/351)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That sections 3 andDistrict of Columbia.Financial responsibility, motor-vehicle operators.[49 Stat. 167, 171](/us/stat/49/167/171).Suspension of permit and registration certificate; minimum amount of Judgment eliminated. 9 of the Act entitled “An Act to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia; to prescribe penalties for the violation of the provisions of this Act, and for other purposes”, approved May 3, 1935, are amended by striking out the phrase “in excess of $100” where it appears in such sections.
Sec. 2. Section 4 of such Act is amended by striking out the phraseBonds; damage judgment, amount repealed.[49 Stat. 169](/us/stat/49/169). “over $100 in amount”. Approved, August 24, 1937. To provide for intervention by the United States, direct appeals to the Supreme Court of the United States, and regulation of the issuance of injunctions, in certain cases involving the constitutionality of Acts of Congress, and for other purposes. 1937-08-24 754 Chapter 50 Stat. 751 75 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2024-11-23 public [CHAPTER 754] AN ACT To provide for intervention by the United States, direct appeals to the Supreme Court of the United States, and regulation of the issuance of injunctions, in certain cases involving the constitutionality of Acts of Congress, and for other purposes. August 24, 1937[[H. R. 2260](/us/bill/75/hr/2260)][[Public, No. 352](/us/pl/75/352)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever theUnited States courts.Intervention by United States in suits where constitutionality of Act of Congress drawn in question. constitutionality of any Act of Congress affecting the public interest is drawn in question in any court of the United States in any suit or proceeding to which the United States, or any agency thereof, or any officer or employee thereof, as such officer or employee, is not a party, the court having jurisdiction of the suit or proceeding shall certify such fact to the Attorney General.
In any such case the court shall permit the United States to intervene and become a party for presentation of evidence (if evidence is otherwise receivable in such suit or proceeding) and argument upon the question of the constitutionality of such Act. In any such suit or proceedingRights and liabilities the United States shall, subject to the applicable provisions of law, have all the rights of a party and the liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the constitutionality of such Act. 752 Sec. 2.
Direct appeal by United States to Supreme Court where decision against constitutionality and United States a party. In any suit or proceeding in any court of the United States to which the United States, or any agency thereof, or any officer or employee thereof, as such officer or employee, is a party, or in which the United States has intervened and become a party, and in which the decision is against the constitutionality of any Act of Congress, an appeal may be taken directly to the Supreme Court of the United States by the United States or any other party to such Time limitation.suit or proceeding upon application therefor or notice thereof within thirty days after the entry of a final or interlocutory judgment, decree, or order; and in the event that any such appeal is taken, any appeal or cross-appeal by any party to the suit or proceeding taken previously, or taken within sixty days after notice of an appeal under this section, shall also be or be treated as taken Record and docketing In Supreme Court.directly to the Supreme Court of the United States.
In the event that an appeal is taken under this section, the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such appeal is allowed, under such Precedence over other matters.rules as may be prescribed by the proper courts. Appeals under this section shall be heard by the Supreme Court of the United States at the earliest possible time and shall take precedence over all other matters not of a like character.
This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law. Sec. 3. Injunction suspending, etc., Act of Congress upon constitutional grounds, determination by three judge court. No interlocutory or permanent injunction suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any Act of Congress upon the ground that such Act or any part thereof is repugnant to the Constitution of the United States shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, unless the application for the same shall be presented to a circuit or district judge, and shall be heard and determined Composition of court, procedure, etc.by three judges, or whom at least one shall be a circuit judge.
When any such application is presented to a judge, he shall immediately request the senior circuit judge (or in his absence, the presiding circuit judge) of the circuit in which such district court is located to designate two other judges to participate in hearing and determining such application. It shall be the duty of the senior circuit judge or the presiding circuit judge, as the case may be, to designate immediately two other judges from such circuit for such purpose, and it shall be the duty of the judges so designated to participate in such Notice to Attorney General, etc.hearing and determination.
Such application shall not be heard or determined before at least five days’ notice of the hearing has been given to the Attorney General and to such other persons as may be *Proviso*.Temporary restraining order to prevent irreparable loss.defendants in the suit: *Provided,* That if of opinion that irreparable loss or damage would result to the petitioner unless a temporary restraining order is granted, the judge to whom the application is made may grant such temporary restraining order at any time before the hearing and determination of the application, but such temporary restraining order shall remain in force only until such hearing and Finding.determination upon notice as aforesaid, and such temporary restraining order shall contain a specific finding, based upon evidence submitted to the court making the order and identified by reference thereto, that such irreparable loss or damage would result to the petitioner and specifying the nature of the loss or damage.
The said court may, at the time of hearing such application, upon a like finding, continue the temporary stay or suspension, in whole or in part, until decision upon the application. The hearing upon any such application for an interlocutory or permanent injunction shall be 753given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day. An appeal may be takenDirect appeal to Supremo Court. directly to the Supreme Court of the United States upon application therefor or notice thereof within thirty days after the entry of the order, decree, or judgment granting or denying, after notice and hearing, an interlocutory or permanent injunction in such case.
In the event that an appeal is taken under this section, the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such appeal is allowed, under such rules as may be prescribed by the proper courts. Appeals underPrecedence over other matters. this section shall be heard by the Supreme Court of the United States at the earliest possible time and shall take precedence over all other matters not of a like character.
This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law. Sec. 4. Section 13 of the Judicial Code, as amended (U. S. C., 1934[28 U. S. C. § 17](/us/usc/t28/s17). edition, title 28, sec. 17), is hereby amended to read as follows:" “Sec. 13. Whenever any district judge by reason of any disabilityAssignment of an other judge within circuit, to a district during disability, etc. or absence from his district or the accumulation or urgency of business is unable to perform speedily the work of his district, the senior circuit judge of that circuit, or, in his absence, the circuit justice thereof, shall designate and assign any district judge of any district court within the same judicial circuit to act as district judge in such district and to discharge all the judicial duties of a judge thereof for such time as the business of the said district court may require.
Whenever it is found impracticable to designate andAssignment of district judges outside own districts by Chief Justice. assign another district judge within the same judicial circuit as above provided and a certificate of the needs of any such district is presented by said senior circuit judge or said circuit justice to the Chief Justice of the United States, he, or in his absence the senior associate justice, shall designate and assign a district judge of an adjoining judicial circuit if practicable, or if not practicable, then of any judicial circuit, to perform the duties of district judge and hold a district court in any such district as above provided: *Provided, however,* *Proviso*.Consent by senior circuit judge.
That before any such designation or assignment is made the senior circuit judge of the circuit from which the designated or assigned judge is to be taken shall consent thereto. All designationsOfficial entries of assignments. and assignments made hereunder shall be filed in the office of the clerk and entered on the minutes of both the court from and to which a judge is designated and assigned, as well as on the minutes of the Supreme Court of the United States, to the clerk of which both of such other clerks shall immediately report the fact and period of assignment.
” " Sec. 5. As used in this Act, the term “court of the United States”Terms defined. means the courts of record of Alaska, Hawaii, and Puerto Rico, the United States Customs Court, the United States Court of Customs and Patent Appeals, the Court of Claims, any district court of the United States, any circuit court of appeals, and the Supreme Court of the United States; the term “district court of the United States” includes the District Court of the United States for the District of Columbia; the term “circuit court of appeals” includes the United States Court of Appeals for the District of Columbia; the term “circuit” includes the District of Columbia; the term “senior circuit judge” includes the Chief Justice of the United States Court of Appeals for the District of Columbia; and the term “judge” includes justice.
Approved, August 24, 1937. To make available to each State which enacted in 1937 an approved unemployment-compensation law a portion of the proceeds from the Federal employers’ tax in such State for the year 1936. 1937-08-24 755 Chapter 50 Stat. 754 75 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-23 public 754 [CHAPTER 755] AN ACT To make available to each State which enacted in 1937 an approved unemployment-compensation law a portion of the proceeds from the Federal employers’ tax in such State for the year 1936.
August 24, 1937[[H. R. 8174](/us/bill/75/hr/8174)][
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statutes-at-large
- Public Law 351
- Public Law 352to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia; to prescribe penalties for the violation of the provis
Traces to 1 document
4 references not yet in our index
- 49 Stat. 169
- 50 Stat. 751
- 28 USC 17
- 50 Stat. 754
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Public Law 352
to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia; to prescribe penalties for the violation of the provis
Stat.×2
Stat.49 Stat. 169
Stat.50 Stat. 751
Cite28 USC 17
Stat.50 Stat. 754
Cites 5Cited by 2 across 1 source