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The Commoner
VOL. 14, NO. 10
partnerships, or corporations, except
"banks, and common carriers subject
to the nets to regulate commerce,
from using unfair methods of com
petition in commerce.
Whenever tho commission shall
littvp reason to believe that any such
portion, partnership, or corporation
has boon or Is using any unfair meth
od of competition In commerce, and
if it shall nppear to the commission
that a proceeding by it in respect
thereof would bo to tho interest of
the public, It shall issue and serve
upon such person, partnership, or
corporation 'a complaint statlug its
chargos in that respect, and contain
ing a notlco of hearing upon a day
anu at a place tiieroln llxed at least
tions as to the court may aeem
proper. The commission may modify
its findings as to the facts, or make
new findings by reason of tho addi
tional evidence so taken, and it shall
file such modified or new findings,
which, if supported by testimony,
shall be conclusive, and its recom
mendation, if any, for the modifica
tion or setting aside of its original
order with the return of such addi
tional evidence. The judgment and
decree of the court shall be final, ex
cept that the same shall be subject to
review by the supreme court upon
certiorari as provided in section two
hundred and forty of the judicial
code.
A mr ticifftr unriii I ivwl lur en oil nrAav
uua ai a piace iiicram Jixeu at least; "".' i im j o ,v..
thirty days after the service of said of the commission to cease and de-
complaint. sst from using such method ot
Tho norson imi-hiPrHliIn or cor- competition may obtain a review
porat?onPrcnomplanerofrshaTl Ze f Bu ?"' iwrS'
the right" to appear at the place and I am)eals f fl,in& th.. cou? ar1iot"
time so fixed and show cause why an ten petition Paying that the order
order should not be entered by the ol the commission be set aside A
commission requiring such person, ro,ff of sllch Petition shall be forth
partnorshlp, or corporation to cease w"h srved upon he commission,
and desist from the violation of the ant "!ere"pn ? com S8in
law so discharged In said complaint, forthwith shall certify and file in
"Any person, partnership, or corpora- the, cou? a transcript of the. record'
Hon may make application, and upon J "ereinbetore provided. Upon the
good causo shown may be allowed by , fi""f r th transcript the court
Mia nnrnmiim. n t.,tnr,.nn ., .. , shall have the same jurisdiction to
pear In said proceeding by counsel aflnu' aside .or, modify the
case of an application by the com
or in person. The testimony in any
such proceeding shall bo reduced toicase,or an application by the com
writiuK and filed in tho offi nf thi ! mission for the enforcement of its
co mm i .on.
If upon such hearing the commis
sion shull bo of tho opinion that the
method of competition in question is
.prohibited by this act, It shall make,
a report in writing in which it shall
stato its findings as to the facts, and
shall Ibsuo and causo to bo served on
such person, partnership, or corpora
tion an order requiring such person,
"partnership, or corporation to cease
.and desist from using such method
of competition. Until a transcript
of the record in such hearing shall
have been filed In a circuit court of
.appeals of tho United States, as here
inafter provided, tho commission may
at any timo, upon such notice and in
such manner as it shall deem proper,
modify or set aside, in whole or in
part, any report or any order made
or Issued by It under this section.
il auuu person, partnersiup, or
corporation Tails or neglects to 6hoy
such ordor of tho commission while
tho same is in effect, the commission
may apply to tho circuit court of
appeals of tho United States, within
any circuit whore tho method of com
petition in question was used or
whoro such person, partnership, or
corporation resides or carries on
businoss, for tho enforcement of its
order, and shall certify and file with
its application a transcript of the
entire record in the proceeding, in
cluding all testimony taken and the
report and order of the commission.
Upon such filing of the application
and transcript the court shall cause
notlco thoreof to ho served upon
such person, partnership, or corpora
tion and thereupon shall have juris
diction of the proceeding and of the
question determined therein, and
shall have power to malco and enter
upon the pleadings, testimony, and
procegdlngs set forth in such tran
script a decree affirming, modifying,
or setting aside the order of tho com
mission. The findings of the com
mission as to tho facts, If supported
by testimony, shall ho conclusive. If
either party shall apply to tho court
for leave to adduce additional evi
dence, and shall show to the satis
faction of the court that such addi
tional evidence is material and that
there wore reasonable grounds for
the failure to adduce before the com
mission, tho court may ordor such
additional evidence to be taken be
fore the commission and to bo ad
. duced upon tho hearing In such man
ner and upon such terms and condi-
order, and the findings of the com
mission as to the facts, if supported
by testimony, shall in like manner
bo conclusive.
Tho jurisdiction of the circuit
court of appeals of the United States
to enforce, set aside or modify
orders of the commission shall be
exclusive.
Such proceedings in the circuit
court of appeals shall be given pre
cedence over other cases nendinc
therein, and shall be in every way
expedited. No order of the com
mission or the judgment of the
court to enforce the same shall in
any wise relieve or absolve any
person, partnership,' or corporation
from any liability under the anti
trust acts.
Complaints, orders, and other
processes of the commission under
this section may be served bv nnv-
ono duly authorized by tho commis
sion, either (a) by delivering a copy
thereof to the person to bo served,
or to a member of tho partnership
to oo served, or to the president,
secretary, or other executive officer
or a director of tho corporation to
be served; or (b) by leaving a copy
thereof at the principal office or
iimue ot ousiness oi such person,
partnership, or corporation; or (c)
by registering and mailing a copy
therof addressed to such person,
partnership, or corporation at his
or its principal office or place of
business. The verified return by the
person, so serving said complaint,
order, or other process settlug forth
the manner of said service shall be
proof of tho same, and t.lm roHi
post-office receipt for said com
plaint, order, or other process regis
tered and mailed as aforesaid shall
be proof of the service of the same.
Sec. 6. That the commission shall
also have power
(a) To gather and compile infor
mation concerning, and to investi
gate from time to time the organiza
tion, bUSineSS, COndUCt. nrnoHnon
and management of anv enrnnm.
tlon engaged ' in commerce, except
ing banks and common carriers sub
ject to the act to regulate commerce,
and its relation to other corporations
and to individuals, associations and
partnerships.
(b) To require, by general or
special orders, corporations engaged
in commerce, excepting banks, and
common carriers subject to the act
to regulate commerce, or any class
of them, or any of them, respective
ly, to file with the commission in
such form as the commission may
prescribe annual or special, or both
annual and special, reports or an
swers in writing to specific ques
tions, furnishing to the commission
such information as it may require
as to the organization, business,
conduct, practices, management,
and relation to other corporations,
partnerships, and individuals of the
respective corporations filing such
reports or answers in writing. Such
reports and answers shall be made
under oath, or otherwise, as the
commission may prescribe, and shall
bo filed with the commission within
such reasonable period as the com
mission may prescribe, unless addi
tional time be granted in any case
by tho commission.
(c) Wherever a final decree has
been entered against any defendant
corporation in any suit brought by
the United States to prevent and
restrain any violation of the anti
trusts acts, to make investigation,
upon its own initiative, of the man
ner in which the decree has been or
is being carried out, and upon the
application of the attorney general
it shall be its duty to make fetich in
vestigation. It shall transmit to
the attorney general a report em
bodying its findings and recom
mendations as a result of any such
investigation, and the report shall
be made public in the discretion of
tho commission. r
(d) Upon the direction of the
president or either house of con
gress to investigate and report the
facts relating to any alleged viola
tions of the antitrust acts by any cor
poration. (e) Upon the application of the
attorney general to investigate and
make recommendations for the re
adjustment of the business of anv
corporation alleged to be violating
the antitrust acts in order that the
corporation may thereafter main
tain its organization, management,
and conduct of business in accordance
with law.
(f) To make public from time to
time such portions of the information
obtained by it hereunder, except
trade secrets and names of custom
ers, as it shall deem expedient in
the public interest; and to make
annual and special reports to the
congress and to submit therewith
recommendations for additional leg
islation; and to provide for the pub
lication of its reports and decisions
in such form and manner as may be
best adapted for public information
and use.
(g) From"ime to time to ol.assJPv
corporations and to make rules and
regulations for the purpose of carry
ing out the nrovisions of tiiin not
(h) To investigate, from time to
time, trade conditions in and with
foreign countries -where associa
tions, combinations, or practices ot
manufacturers, merchants, or trad
ers, or other .conditions may effect
the foreign trade of fb tttiHq,
States and to report to congress
thereon, with such recommendations
as it deems advisable.
Sec. 7. That in any suit in equity
brought by or under the direction
of the attorney general as provided
in the antitrust acts, the court may
upon the conclusion of the testi
mony herein, if it shall be then oi
opinion that the comnininnTif ?0
titled to relief, refer said suit to the
commission, as a master in chan
eery, to ascertain and report an
approrpiate form of decree therein.
The commission shall proceed upon
such notice to the parties and under
such rules of procedure as the court
may Prescribe and upon the com
ing in of such report such exceD
tlons may be filed and such pro
ceedings had in relation thereto m
upon the report of a master in the?
equity causes,, but the court may
adopt or reject such report in
wuuio oi in part, ana enter such
decree as the nature of the case may
in its judgment require.
Sec. 8. That the several depart
ments and bureaus of the govern,
ment when directed by the presi
dent shall furnish the commission
upon its requests, all records, papers'
and Information in their possession
relating to any corporation subject
to any of the provisions of this act
and .shall detail from time to time
such officials and employees to the
commission as he may direct.
Sec. 9. That for the purposes of
this act the commission, or its duly
authorized agent or agents, shall at
all reasonable times have access to,
for the purpose of examination, and
the right to copy any documentary
evidence of any corporation being
investigated or proceeded against;
and tho commission shall have
power to acquire by subpoena the
attendance and testimony of witr
nesses and the production of all
such documentary evidence relating
to any matter under .investigation.
Any member of the commission may
sign subpoenas, and members and
examiners of the commission may
administer oaths and affirmations,
examine witnesses, and receive evi
dence. Such attendance of witnesses, and
the production of such documentary
evidence, may be required from any
place in the United States, at any
designated place of hearing. And
in case of disobedience to a subpoena
the commission may Invoke the aid
of any court of the United States in
requiring the. attendance and testi
mony of witnesses and the production
of documentary evidence.
Any of tho district courts of tho
united States within the jurisdic
tion of which such inquiry is carried
on may, in case of contumacy or re
fusal to obey a subpoena issued to
any corporation or other person,
issue an order requiring such cor
poration or other person to appear
before the. commission, or to pro
duce documentary evidence if so or
dered, or to give evidence touching
tho matter in question- and any
failure to obey such order of the
court may be punished by such
court as contempt thereof.
Upon the application of the attor
ney general of the United States at
the request of the commission, the
district pourts of the United States
shall have jurisdiction to issue writs
of mandamus commanding any per
son or corporation to comply with
the provisions of this act or any order
or the commission made in pursu
ance thereof.
The commission may order testi
mony to be taken by deposition in
any proceeding or investigation
pending under this act at any stage
of such proceeding or investigation.
Such depositions may be taken be
fore any person designated by the
commission and having power to
administer oaths. Such testimony
shall be reduced to writing by the
person taking the deposition, or un
der his direction, and shall then be
subscribed by the deponent. Any
person may be compelled to appear
and depose and to produce docu
mentary evidence in the same man
ner as witnesses may be compelled
to appear and testify and produce
documentary evidence before the
commission as hereinbefore pro
vided. Witnesses summoned before tho
commission shall bo paid the same
fees and mileage that aro paid wit
nesses in the courts of the United
States, and witnesses whose deposi
tions are taken and the persons
taking the same shall severally he
entitled to the same fees as are paid
for like services in the courts of the
United States.
No person, shall he excused from
attending and testifying or from
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