(June 25, 1948, ch. 646, 62 Stat. 928.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 47,
380a (Mar. 3, 1911, ch. 231, §§ 210,
266,36 Stat. 1150
, 1162; Mar. 4, 1913, ch. 160, 37 Stat. 1013
; Oct. 22, 1913, ch. 32, 38, Stat. 220; Feb. 13, 1925, ch. 229, § 1,43 Stat. 938
; Aug. 24, 1937, ch. 754, § 3,50 Stat. 752
This section consolidates the provisions of sections
380a of title
, U.S.C., 1940 ed., relating to direct appeals from decisions of three-judge courts involving orders of the Interstate Commerce Commission or holding State or Federal laws repugnant to the Constitution of the United States.
For distribution of other provisions of the sections on which this revised section is based, see Distribution Table.
The language in section
380 of title
, U.S.C., 1940 ed., referring to restraining the enforcement or execution of an order made by an administrative board or a State officer was omitted as covered by this revised section and section
of this title.
Words in section
380a of title
, U.S.C., 1940 ed., “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,” were omitted as unnecessary.
, U.S.C., 1940 ed., Agriculture, provides for a three-judge court in proceedings to suspend or restrain the enforcement of orders of the Secretary of Agriculture under the Packers and Stockyards Act of 1921.
The final proviso of section
, U.S.C., 1940 ed., Navigation and Navigable Waters, for direct appeal in certain criminal cases for failure to alter bridges obstructing navigation, is recommended for express repeal in view of its implied repeal by section
345 of title
, U.S.C., 1940 ed. (See U.S. v. Belt, 1943, 63 S.Ct. 1278, 319 U.S. 521, 87 L.Ed. 1559. See reviser’s note under section
of this title.)
, U.S.C., 1940 ed., Commerce and Trade, and section
44 of title
, U.S.C., 1940 ed., Transportation, are identical and provide for convening of a three-judge court to hear and determine civil cases arising under the Sherman anti-trust law and the Interstate Commerce Act, respectively, wherein the United States is plaintiff and when the Attorney General deems such cases of general public importance.
, U.S.C., 1940 ed., Telegraphs, Telephones, and Radiotelegraphs, made the provisions of sections
, U.S.C., 1940 ed., Commerce and Trade, sections
45 of title
, U.S.C., 1940 ed., Transportation, and section
345(1) of title
, U.S.C., 1940 ed., relating to three-judge courts and direct appeals, applicable to orders of the Federal Communications Commission enforcing the Communications Act of 1934.