Page:United States Statutes at Large Volume 42 Part 1.djvu/1029

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SIXTY-SEVENTH CONGRESS. Sess. II. Ch. 369. 1922. 1001 sibility which is engaged in cash grain business, if such association has comphed, and agrees to com ly, with such terms and conditions as are or may be imposed lawfuHy on other members of such board: Prom Provided, That no rule of a contract market shall forbid or be con- Realm` ot as-mugs strued to forbid the return on a atronage basis b such cooperative i,°id31$¤°l°b°” °°° m` association to its bona iide memgiers of moneys collected in excess of the expanse of conducting the business of such association. _ _ (f) en the governing board provides for making effective the t¤§r2hYs§elLr£`$¤l$g° t° final orders or decisions entered pursuant to the provisions of paragraph (b) of section 6 of this Act. Sec. 6. Any board of trade desirin to be designated a "contract _‘i‘;)“‘,§;fif_*;;F§§}·d°& market" shall make application to t§e Secretary of Agriculture for ignatiinnsas. · such designation and accompany the same with a showing that it ` complies with the above conditions, and with a sufficient assurance that it will continue to comply with the above requirements. Commission m_m_ (a) A commission composed of the Secretary of Agriculture, the ized to em., Secretary of Commerce, and the Attorney General is authorized to §°£,°g§,m`{§_ E "' suspend for a period not to exceed six months or to revoke the designation of any oard of trade as a "contract market" u on a showin that such board of trade has failed or is failing to compl) with any 0% the above requirements or is not enforcing its rules of, government made a condition of its desi ation as set orth in section 5. Such suspension or revocation sh§ only be after a notice to the officers of _ the board of trade affected and upon a hearing: Promkled, That such {§Z{’§}{’°;,,,m;,,m, ii suspension or revocation shall be final and conclusive unless within gg’:r1;P,$?L*;,*l;°€Q:,s9*§'°°;’g§ fifteen days after such suspension or revocation by the said commis- anew. sion such board of trade appeals to the circuit court of ap als for the circuit in which it has its principal place of business E; filing with the clerk of such court a written petition raying that the order of the said commission be set aside or modified) in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such board of trade will pay the costs of C0 . .0m°wmy the roceedings if the court so directs. The clerk of the court in ree¤ms,e¤e.,t¤eo¤m. which such a petition is filed shall immediately cause a copy thereof to be delivered to the Secretary of Agriculture, chairman of said commission, or any member thereof, and the said commission shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings, including the notice to the board of trade, a copy of the charges, the evidence, and the report Ampmwmdmm and order. The testimony and evidence taken or submitted before the said commission duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedin in such cases in the circuit court of appeals shall be made a preferred}; cause and shall be expedited in every way. Such a court may affirm or set aside the order of the said commission or may direct it to modif its order; No such order of the said com- ,,,.‘§,‘}%“I§§c°Z°;2,’f,?,${{j1° mission shall be modifiedy or set aside by the circuit court of appeals unless it is shown by the board of trade that the order is unsupported by the weight of the evidence or was issued without due notice and a reasonable opportunity haviréibeen afforded to such board of trade for a hearing, or infringes the nstitution of the Ilmted States, oris A _ beyond the pirisdiction of said commission: Provided further, That Si,,,,p}}°“1S,,c,§‘§,,,°°’§g,“‘{,S*‘g if the Secretary of Aigriculture shall refuse to designate as a contract ggmiwiggggtguwggf market an board o trade that has made apiplication therefor, then ken. ’ such boardy of trade may appeal from such re usal to the commission described therein, consisting of the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General of the Ilnited States, with the right to ap eal as provided for in other cases IH this section, the decision on such appeal to be final and binding on all parties D°°m°“ °°“l“‘ interested.