Public Law 353.
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/statutes-at-large/vol-50/public-law-353·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/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)][[Public, No. 353](/us/pl/75/353)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Unemployment compensation.[49 Stat. 640](/us/stat/49/640).[42 U. S. C., Supp. II, § 1103](/us/usc/t42/s1103).Payments authorized to each State which in 1937 enacted an approved compensation law. That there is hereby authorized to be appropriated for payment to the unemployment fund of each State or Territory which was not certified by the Social Security Board under section 903 of the Social Security Act on December 31, 1936, but which enacted in the year 1937 an unemployment-compensation law approved by the Social Security Board under such section, an amount equal to 90 per centum of the proceeds of the tax paid on or before January 31, 1938, with respect to employment in such State or Territory during the calendar year 1936 under title IX of such Act.
Out of the sums appropriated therefor, the Secretary of the Treasury shall pay such amount, through the Division of Disbursement of the Treasury Department, to each such Meaning of terms.State unemployment fund. The terms used in this Act shall have the same meaning as identical terms in title IX of the Social Security Act. Approved, August 24, 1937. Expressing the views of the Congress as to a program for the relief and benefit of agriculture. 1937-08-24 756 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 [CHAPTER 756] JOINT RESOLUTION Expressing the views of the Congress as to a program for the relief and benefit of agriculture. August 24, 1937[[S. J. Res. 207](/us/bill/75/sjres/207)][[Pub. Res., No. 69](/us/bill/75/pubres/69)] Program for relief and benefit of agriculture.Preamble.Whereas the whole Nation suffers when agriculture is depressed; and Whereas the Nation has felt and still feels the unfavorable economic consequences of two different kinds of misfortune in agriculture; and Whereas the first of these misfortunes was the ruinous decline in farm prices from 1929 to 1932; and Whereas the second kind of misfortune was the drought of 1934 followed by the drought of 1936; and Whereas a permanent farm program should
(a)provide not only for soil conservation but also for developing and improving the crop-adjustment methods of the Agricultural Adjustment Act,
(b)protect agriculture and consumers against the consequences of drought, and
(c)safeguard farmers and the business of the Nation against the consequences of farm-price decline; and Whereas it is the sense of Congress that the permanent farm legislation should be based upon the following fundamental principles:
(1)That farmers are entitled to their fair share of the national income;
(2)That consumers should be afforded protection against the consequences of drought, floods, and pestilence causing abnormally high prices by storage of reserve supplies of big crop years for use in time of crop failure;
(3)That if consumers are given the protection of such an ever-normal granary plan, farmers should be safeguarded against undue price declines by a system of loans supplementing their national soil-conservation program; and
(4)That control of agricultural surpluses above the ever-normal granary supply is necessary to safeguard the Nation’s investment in loans and to protect farmers against a price collapse due to bumper yields resulting in production beyond all domestic and foreign need. 755
(5)That the present Soil Conservation Act should be continued,[16 U. S. C., Supp, II, §§ 590a–590q](/us/usc/t16/s590a–590q). its operations simplified, and provision made for reduced payments to large operators on a graduated scale to promote the interest of individual farming;
(6)That, linked with control of agricultural surpluses, there should be research into new uses for agricultural commodities and the products thereof and search for new uses, new outlets, and new markets, at home and abroad;
(7)That provision should be made for applications to the Interstate Commerce Commission for correction of discriminations now existing against agricultural products in the freight-rate schedules. Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That abundantLegislation concerning, to engage Congress upon reconvening. production of farm products should be a blessing and not a curse, that therefore legislation carrying out the foregoing principles will be first to engage the attention of the Congress upon its reconvening, and that it is the sense of the Congress that a permanent farm program based upon these principles should be enacted as soon as possible after Congress reconvenes. Approved, August 24, 1937. Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1937, and for prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1938, and for other purposes. 1937-08-25 757 Chapter 50 Stat. 755 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 757] AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1937, and for prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1938, and for other purposes. August 25, 1937[[H. R. 8245](/us/bill/75/hr/8245)][
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3 references not yet in our index
- 28 USC 17
- 50 Stat. 754
- 50 Stat. 755
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