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the court determines that the order was lawfully made and duly served and that such person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order or to enjoin upon him or them obedience to the same.
Sec. 316. For the purposes of this title, the provisions of all laws relating to the suspending or restraining the enforcement, operation, or execution of, or the setting aside in whole or in part the orders of the Interstate Commerce Commission, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this title, and to any person subject to the provisions of this title.
TITLE IV. GENERAL PROVISIONS.
SEC. 401. Every packer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both.
Sec. 402. For the efficient execution of the provisions of this Act, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this Act and to any person subject to the provisions of this Act, whether or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States.
Sec. 403. When construing and enforcing the provisions of this Act, the act, omission, or failure of any agent, officer, or other person acting for or employed by any packer, stockyard owner, market agency, or dealer, within the scope of his employment or office, shall in every case also be deemed the act, omission, or failure of such packer, stockyard owner, market agency, or dealer, as well as that of such agent, officer, or other person.
SEC. 404. The Secretary may report any violation of this Act to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay.
SEC. 405. Nothing contained in this Act, except as otherwise provided herein, shall be construed
(a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July 2, 1890, the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, the Interstate Commerce Act as amended, the Act entitled "An Act to promote export trade, and for other purposes," approved April 10, 1918, or sections 73 to 77, inclusive, of the Act of August 27, 1894, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," as amended by the Act entitled "An Act to amend sections seventy-three and seventysix of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes,' ” approved February 12, 1913, or
(b) To alter, modify, or repeal such Acts or any part or parts thereof, or
(c) To prevent or interfere with any investigation, proceeding, or prosecution begun and pending at the time this Act becomes effective.
SEC. 406. (a) Nothing in this Act shall affect the power of jurisdiction of the Interstate Commerce Commission, nor confer upon the Secretary concurrent power of jurisdiction over any matter within the power or jurisdiction of such commission.
(b) On and after the enactment of this Act, and so long as it remains in effect, the Federal Trade Commission shall have no power or jurisdiction so far as relating to any matter which by this Act is made subject to the jurisdiction of the Secretary, except in cases in which, before the enactment of this Act, complaint has been served under section 5 of the Act entitled “An Act to create a Federal Trade Commission, to define its power and duties, and for other purposes," approved September 26, 1914, or under section 11 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes, approved October 15, 1914, and except when the Secretary of Agriculture, in the exercise of his duties hereunder, shall request of the said Federal Trade Commission that it make investigations and report in any case.
SEC. 407. The Secretary may make such rules, regulations and orders as may be necessary to carry out the provisions of this Act and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by Congress, and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may
for such purpose. Sec. 408. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
APPROPRIATION ACT, 1923. Enforcement of antitrust laws: For the enforcement of antitrust laws, including not exceeding $10,000 for clerical services and not exceeding $40,000 for compensation of attorneys at the seat of government, $200,000: Provided, however, That no part of this money shall be spent in the prosecution of any organization or individual for entering into any combination or agreement having in view the increasing of wages, shortening of hours, or bettering the conditions of labor, or for any act done in furtherance thereof, not in itself unlawful: Provided, further, That no part of this appropriation shall be expended for the prosecution of producers of farm products and associations of farmers who cooperate and organize in an effort to and for the purpose to obtain and maintain a fair and reasonable price for their products. [Appropriation Act, 1923, Public No. 377, Jan. 3, 1923; 42 Stat., 1080.]
LIST OF CASES INSTITUTED BY THE UNITED STATES:
UNDER THE FEDERAL ANTITRUST LAWS.
President Harrison's Administration, March 4, 1889, to March 4, 1893,
(WILLIAM H. MILLER, Attorney General, March 5, 1889, to March 6, 1893.)
1. United States v. Jellico Mountain Coal Company. Peti
tion filed, October 13, 1890, in the Circuit Court at Nashville, Tenn., against the members of the “NashvilleCoal Exchange,"composed of various coal-mining companies operating mines in Kentucky and Tennessee and
persons and firms dealing in coal in Nashville, formed for the alleged purpose of fixing prices and regulating the output of coal. In an opinion handed down on June 4, 1891, the court held the combination to be in violation of the antitrust law and enjoined the further carrying out of the agreement. A decree to that effect
was entered June 17, 1891. 2. United States v. Greenhut et al. Indictment returned May 16, 1892, in the District Court at Boston, Mass., against the officers of the Distilling and Cattle Feeding Co. (Whisky Trust) for alleged monopolization of the manufacture and sale of distilled spirits. Indictment
held insufficient in law and ordered quashed. 2a. In re Corning. Application to District Court, Northern
District of Ohio, June 11, 1892, for a warrant of removal from Ohio to Massachusetts to answer to the indictment found in the Greenhut case. Application denied and
prisoner discharged. 2b. In re Terrell. Application to Circuit Court, Southern
District of New York, June 28, 1892, for a writ of habeas corpus to secure a discharge from arrest and detention upon a warrant for removal from New York to Massachusetts to answer to the indictment found in the Greenhut case. Petitioner discharged.