Owen J. Roberts

“ After argument and upon consideration we find ourselves in the anomalous position that whereas we hold we have jurisdiction, we cannot pass upon the substantive question of the statutory power of the Commission which is the ground of appeal.
First. Since the appeal is from the final decree of a statutory court of three judges, and not from the entry of a preliminary injunction the period for taking an appeal is sixty days-not thirty days as appellee contends. ”

“ The face of the statutes, the uniform practice of this court [7] and the legislative history [8] make against the contention that appeals from final decrees in the class of cases in question must be taken within thirty days. ”

“ The record discloses that the appellee filed a petition for reconsideration, in which it pressed for amendment of the order as respects the routes permitted, but waived objection to the restriction of its traffic to service of freight forwarders. It stated: 'We do not challenge, nor do we complain against, the restriction to serve only freight forwarders.' There is more to the same effect. The Commission denied the petition. ”