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The Commoner
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-VOL. 14, NO. 6
12
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The Administration's Anti-Trust Bills
'(Continued from pago 11.)
political party. Tho first commis
sioners appointed Hliall continue in
offico for terms of two, four, and six
years, respectively, from the date of
tho taking effect of this act, the term
of each to be designated by the pres
ident, but their successors shall be
Appointed for terms of six years, ex
cept that any person chosen to 1111 a
vacancy shall bo appointed only for
the unexpired term of the commis-
' sioner whom he Bhall succeed. Tho
commission shall choose a chairman
jrom its own membership. No com
missioner shall engage in any other
business, vocation, or employment.
Any commissioner may be removed
fly tho president for inefficiency,
zieglect of duty, or malfeasance in
office. A vacancy in the commission
hliall not impair tho right of the re
gaining commissioners to exercise all
tho powers of tho commission.
Tho commission shall have an offi
cial soal, which shall bo judicially
ilUUUUU.
Sec. 2.
authority, a.id duties conferred on it
by this act.
That the bureau of corporations
and tho offices of commissioner of cor
porations and deputy commissioner of
corporations are, upon tho organiza
tion of the commission and the elec
ton of its chairman, abolished, and
their powers, authority, and duties
shall b3 exercised by the commission
free from the direction or control of
tho secretary of commerce.
tjiq information obtained by the
commission in tho exercise of the
powers, authority, and duties con
ferred upon it by this section may be
made public, in the discretion of the
commission.
Sec. 4. That the principal office of
the commission shall be in the city of
Washington, where its general ses
sions shall be held; but whenever the
interest of the public may be pro
moted, or delay or expense prevented,
the commission may hold special ses
sions in any part of tho United States.
The commisison may, by one or more
i w uieu.oers, or oy such officers as
qui;. . j nui. eacn commissioner " uav designate, prosecute any in
dmll receive a salary of $10,000 a quiry necessary to its duties in any
jyear, payablo In the same manner as par; of the United Stat
Alio salaries of the judges of the See. 5. That, with th flv,flfinn
V'
UOUrts Of tho Unitoil Stntos Tho
commission shall appoint a secretary,
"who shall receive a salary of $5,000
a year, payablo in like manner, and it
fihall have authority to employ and
illx tho compensation of such other
officials, clerks, and employees as it
may find necessary for the proper
performance of its duties and as may
bo from time to time appropriated
for by congress.
Until otherwise provided by law
the commission may rent suitable
uiui'UB iur us use.
of tie secretary and a clerk to each
wmuiKouer, an employees of the
commission shall bo a part of the
classified civil service, and shall enter
the service under such rules and reg
ulations as may be prescribed by the
commission and by tho civil service
commission.
theC 6, Th,!lt the words (lefined in
this section shall have the following
meaning when found in this act, to-
"Commerco" mount aunt.
Sm??!"088 lmsihe P0WGr t0 reS"late
immo iur jib use. "o wiigross nas tne po
All of the exnonsoH of tho pnrmnic uner tho constitution
sion, including all necessary expenses CorPoration" means a body in
for transportation incurred by the corDOted under law, and also joint
commissioners or by their employees , , associations and all other asso
under thoir ordors, in making any in- claons having shares of capital or
vestigation, or upon official business p! , stock or organized to carrv
hi uiijr uuior piiiuos man in tne city r T ,. ,,, ltu u view to profit,
of Washincton. shall bo niiownii nmi . capital means tho ntrmirc,
of Washington, shall be allowed and
Hum uii me presentation ot itemized
vouchers therefor approved by the
commission.
Witnesses summoned before the
commission shall be paid tho same
foes and mileage that are paid wit
nesses in tho courts of the United
States.
Tho auditor for tho state and other
departments shall receive and ex
amine all accounts of expenditures of
the commission.
Sec. 3. That upon the organiza
tipn of tho commission and election of
its chairmau all the existing powers,
authority, and dutes of tho bureau of
corporations and of the commissioner
of corporations conferred upon them
by the act entitled "An act to estab
lish tho department of commerce and
labor," approved February four
teenth, nino'oen hundred and three;
and all amendments thereto, and also
those conferred upon them by reso
lutions of tho United States senate
passed on March first, nineteen hun
dred and thirteen, on May twenty
seventh, nineteen hundred and thir
teen, and on June eighteenth, nine
teen hundred and thirteen, shall be
vested in tho commission.
All clerks and employees of the
said bureau shall be transferred to
and become clerks and employees of
the commission at their present
grades and salaries. All records
papers, and proparty of the said
"bureau shall become records, papers
and property of the commission'
and all unexpended funds and
appropriations for the use and main
tenance Of the Bald hlirnnn ,l,n)i v.
come funds and appropriations avail- ho may direct
hnn,iotn:" , IT. LUC hiucks and
bJTSSuS. cne suima owne1
enuueu An act to protect tririo nn,i
commerce against unlawful Sraints
and monopolies," approved July sec
ond, eighteen hundred and ninety"
also the sections seventy-three to
seventy-seven, inclusive of
entitled "An act to reduc taxation
irVid? JevenUG for the govS
ment, and for other purposes
Proved August twenty-seventh' eih"
teen hundred and ninety-four- and
also the act entitled "An act to
"erntsixCtofnSthSeVenfy-three
Sen?n, XlS"' hg
and ninety-four entitled 'An act to
SrdU?h " t0 a ProvidonreavCetnue
rmrnoena ' "u 101 Other
purposes,
approved February
twelfth, ninotoen "iunorea anTiS
"Acts to regulate commerce" menm
the act entitled "An acf tn rS,w
commerce," approved Feb uaryg Tonv
teenth, eighteen hundred aSS eiS?v"
seven, and all amendments t ereto
''Documentary evidence" rnlans ill
documents, papers, and correspond
any corporation subject to any of tbl
tall from time to tlmo such ofncials
able to bo oxpendVd by tlie commT "-u,UJ,00,re-
..on n tbo cords, o'f fc trZSSSZ
regulations and classifications of cor
porations for the purpose of carrying
out the provisions of this act.
The commission may from time to
time employ such special attorneys
and experts as it may find necessary
for the conduct of its work or for
proper representation of the public
interest in investigations made by it;
and the expenses of such employment
shall be paid out of the appropriation
for tho commission.
Any member of the commission
may administer oaths and affirma
tions and sign subpoenas.
The commission may also order
testimony to be taken by deposition
in any proceeding or investigation
pending under this act. Such deposi
tions may be taken before any official
authorized to take depositions by the
acts to regulate commerce.
Upon tl application of the attor
ney general of the United States, at
the request of the commission, the
district courts of the United States
shall have jurirliction to issue writs
of mandamus commanding any per
son or corporation to comply with the
provisions of this act or any order of
the commission made in pursuance
thereof.
Sec. 9. That every corporation en
gaged in commerce, oxnontimr onr-
porations subject to the acts to regu
late commerce, which, by itself or
with one or more other corporations
owned, operated, controlled, or or
ganized in conjunction with it so as
to constitute substantially a business
unit, has a capital of not less than
$5,000,000, or, having a less capital,
belongs to a class of corporations
which the commission may designate,
shall furnish to the commission an
nually such information, statements,
and records of its organization, bond
holders and stockholders, and finan
cial condition and also such informa
tion, statements, and records of its
relation to other corporations and its
business and practices while engaged
in commerce as the commission shall
require; and to enable it the better to
carry out the purposes of this act the
commission may prescribe as near as
may be a uniform system of annual
reports. The said annual reports
shall contain all the required infor
mation and statistics for the period
of twelve months ending with the
fiscal year of each nnrnornH' v
port, and they shall be made out
uuuur oam or otherwise, in the dis
cretion Of the COmmkalnn nl flii
with the commission at its office in
Washington within three months
after the close of the year for which
IU report is made, unless additional
time be granted in nnv r.oao v, 1,-
commission. The commission may
also require such nnonini v..j... i
n v.o,. i 7 . ""-"' cijui,a hb
iu iiia.y utjom aavisanie.
JJ any corporation subject to this
section of ths pit ahnii foil ,.
and file said annual reports within
tho i arV? ?P?CIflrt, or within
the time extended by the commission
irB an? flng the same, or
shall fail to make and file any special
report within the time fixed by the
order of the commission, such cor-
StSi0tnh Sha11 W t0 the ed
States the sum of $100 for each and
every clay it shall continue in default
in making or filing said annua Tor
special reports. Said forfeitures shall
be recovered in the manner provided
for the recovery of forfeitures under
the provisions of the act to regulate
commerce. fauiaie
Sec. 10. That upon tho direction
of the president, the attorney general
or either house of congress the com
mission shall investigate and I report
the facts relating to any alleriW
lations of the anti-trust acts bv 2E
corporation. The report ofthe com
mission may include recommend
tions for rGafHuRt,vn " ,,uonaa
order that the corporation invesUga't"
ed mav thoronft,. ,., ..V08llsat-
.ZZ
business in accordance with inw t
ports made after investigation under
this section may be made public in
the discretion of the commission
For the purpose of prosecuting'anv
investigation or proceeding author
ized by this section the commission
or its duly authorized, agent or
agents, shall at - all reasonable
times have access to, for the pur
pose of examination, and the right to
copy any documentary evidence of
any corporation being investigated or
proceeded against.
Sec. 11. That when in the course
of any investigation made under this
act the commission shall obtain in
formation, concerning any unfair
compeition or practice in commerce
not necessarily constituting a viola
tion of law by the corporation in
vestigated, it shall make report there
of to tho president, to aid him in
making recommendations to congress
for legislation in relation to the reg
ulation of commerce and the infor
mation so obtained and the report
thereof shall be made public by the
commission.
Sec. 12. That in any suit in equity
brought by or under the direction of
the attorney general as provided in
the anti-trust acts, the court may,
upon the conclusion of the testimony
therein, if it shall be then of opinion
that the complainant is entitled to
relief, refer said suit to the commis
sion to ascertain and report an ap
propriate form of decree therein; and
upon the coming in of such report
such exceptions may he filed and such
proceedings had In relation thereto
as upon the report of a master in
other equity causes, but the court
may adopt or reject such report, in
whole or in part, and enter such de
cree as the nature of the case may in
its judgment require,
Sec. 13. That wherever a final de
cree has been entered against any de
fendant corporation in any suit
brought by the United States to pre
vent and restrain any violation of
the anti-trust acts, the commission
shall have power, and it shall be its
duty, upon its own initiative or upon
the application of the attorney gen
eral, to make investigation of the
manner in which the decree has been
or is being carried out. It shall trans
mit to the attorney general a report
embodying its findings as a result of
any such investigation, and the re
port shall he made public in the dis
cretion of the commission.
Sec. 14. That any person who
shall willfully make any false entry
or statement in any report required
to be made under this act shall be
deemed guilty of a misdemeanor, and
upon conviction shall be subject to
a fine of not more than $5,000, or to
imprisonment for not more than
uiree years, or both fine and im
prisonment. Sec. 15. That any officer or em
ployee of tho commission who shall
make public any information ob
tained by the commission without its
authority, or as directed by a court,
shall be deemed guilty of a misde
meanor, and, upon conviction there
of, shall be punished by a fine not
exceeding $5,000, or by imprison
ment, not exceedng one year, or by
fine and imprisonment, in the discre
tion of the court,,
Seq. 16. That for the purposes of
this act, and in aid of its powers of
investigation herein granted, the
commission shall have and exercise
the same powers conferred npon the
interstate commerce commission in
the acts to regulate commerce to sub
poena and compel the attendance and
testimony of witnesses and the pro
duction of documentary evidence, and
to administer oaths. All the require
ments, obligations, liabilities, and
immunities Imposed or conferred by
said acts to regulate commerce and
by the act in relation to testimony
before the interstate commerce com-