Trusts, etc., in restraint of im clared void. of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. Public, No. 190, approved July 2, 1890, first session Fifty-first Congress. [Extract from the Wilson Tariff Act, second session Fifty-third Congress.] SEC. 73. That every combination, conspiracy, trust, port trade de-agreement, or contract is hereby declared to be contrary to public policy, illegal, and void, when the same is made by or between two or more persons or corporations either of whom is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who is or shall hereafter be engaged in the importation of goods or any commodity from any foreign country in violation of this section of this Act, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and, on conviction thereof in any court of the United States, such person shall be fined in a sum not less than one hundred dollars and not exceeding five thousand dollars, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. Penalty. circuit courts. Jurisdiction of SEC. 74. That the several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of section seventy-three of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violaProceedings. tions. Such proceedings may be by way of petitions setting forth the case and praying that such violations shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. additional par SEC. 75. That whenever it shall appear to the court Summoning before which any proceeding under the seventy-fourth ties. section of this Act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. SEC. 76. That any property owned under any contract Forfeiture, etc., of property afor by any combination, or pursuant to any conspiracy fected by trust. (and being the subject thereof) mentioned in section seventy-three of this Act, and being in the course of transportation from one State to another, or to or from a Territory, or the District of Columbia, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. injured. SEC. 77. That any person who shall be injured in his Suits by parties business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this Act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him Damages. sustained, and the costs of suit, including a reasonable attorney's fee. Public, No. 227, 15, 1894, second third Congress. [NOTE BY THE DEPARTMENT OF STATE.--The foregoing received by the act having been presented to the President of the United President August States for his approval, and not having been returned by session, Fiftyhim to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] August 27, 1894. * [Extract from the Dingley tariff act, first session Fifty-fifth Congress.] * * And provided further, That nothing in this Act shall be construed to repeal or in any manner affect the sections numbered seventy-three, seventy-four, seventy-five, seventy-six, and seventy-seven of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," which became Trusts, etc., in port trade void. restraint of im Vol. 28, p. 570. Expedition of cases. a a law on the (twenty-eighth) day of August, eighteen hundred and ninety-four. Public, No. 11, approved, July 24, 1897, first session Fifty-fifth Congress. An act to expedite the hearing and determination of suits in equity pending or hereafter brought under the act of July second, eighteen hundred and ninety, entitled "An act to protect trade and commerce against unlawful restraints and monopolies," "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other acts having a like purpose that may be hereafter enacted. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any suit in equity pending or hereafter brought in any circuit court of the United States under the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be Hearing before immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said circuit, if there be three or more; and if there be not more than two circuit judges, then Review by Su- before them and such district judge as they may select. preme Court on In the event the judges sitting in such case shall be divided in opinion, the case shall be certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided. three judges. certificate. Appeal to Supreme Court. SEC. 2. That in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree a The above date is incorrect. It should read August 27, 1894. See Supp. Rev. Stat., volume 2, pages 333, 334. of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to Exception, the Supreme Court in the manner now provided by law. Public, No. 82, approved, February 11, 1903, second session Fifty-seventh Congress. [Extract from Department of Commerce and Labor act, second session Fifty seventh Congress.] porations. of Corporations. missioner. SEC. 6. That there shall be in the Department of Com-Bureau of Cormerce and Labor a bureau to be called the Bureau of Corporations, and a Commissioner of Corporations, who shall Commissioner be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in said bureau a deputy Deputy Com commissioner, who shall receive a salary of three thousand five hundred dollars per annum, and who shall, in the absence of the Commissioner, act as and perform the duties of the Commissioner of Corporations, and who shall perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said bureau a chief clerk and such special agents, clerks, and other Employees. employees as may be authorized by law. Commissioner corporations, common саг information and the President to mendations to The said Commissioner shall have power and authority to investigate to make, under the direction and control of the Secretary joint stock comof Commerce and Labor, diligent investigation into the binations, except organization, conduct, and management of the business of riers, and gather any corporation, joint stock company, or corporate combi- data to enable nation engaged in the commerce among the several States make recomand with foreign nations, excepting common carriers sub-Congress. ject to "An act to regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained or as much thereof as the President may direct shall be made public. In order to accomplish the purposes declared in the fore- missioner of Corgoing part of this section, the said Commissioner shall have spect to corporaand exercise the same power and authority in respect to binations corporations, joint stock companies, and combinations sub- by Interstate ject to the provisions hereof, as is conferred on the Inter- mission in restate Commerce Commission in said "Act to regulate carriers, so far as commerce" and the amendments thereto in respect to com H. Doc. 422, 58-3—48 Power of Com porations in re tions and com same as that exercised Commerce Com spect of common applicable. testifying nesses. to mor. carriers so far as the same may be applicable, including the right to subpoena and compel the attendance and testimony of witnesses and the production of documentary evidence and to administer oaths. All the requirements, Immunity obligations, liabilities, and immunities imposed or conferred by said "Act to regulate commerce" and by "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, supplemental to said “Act to regulate commerce," shall also apply to all persons who may be subpoenaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section. Compilation and publication It shall also be the province and duty of said bureau, of information. under the direction of the Secretary of Commerce and Labor, to gather, compile, publish, and supply useful information concerning corporations doing business within the limits of the United States as shall engage in interstate commerce or in commerce between the United States and any foreign country, including corporations engaged in insurance, and to attend to such other duties as may be hereafter provided by law. Public, No. 87, approved February 14, 1903, second session Fifty-seventh Congress. ration as well as liable to convic meanor. An act to further regulate commerce with foreign nations and among the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Carrier corpo- That anything done or omitted to be done by a corporaofficer or agent tion common carrier, subject to the Act to regulate comtion for misde-merce and the Acts amendatory thereof which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, would constitute a misdemeanor under said Acts or under this Act shall also be held to be a misdemeanor committed by such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by this Act with reference to such persons except as such penalties are Failure of car- herein changed. The willful failure upon the part of any rates or observe carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts or strictly to observe such tariffs until changed according to law, Penalty. rier to publish tariffs a misde meanor. |