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The Commoner
' VOL. 14, NO. U
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Explanatory lltoraturo Ment frco upon application. Address
HON. LEO VINCENT, Secretary and Treasurer,
305 Enterprise Building, Denver, Colorado
The Hicks Almanac for 1915
will bo sent postpaid, without additional cost to ail who accept tho follow
you The Commoner and Word niul Work both for ono full year each, and
ing special limited club offer: Send ua only si.io at onco, and wo will send
ono copy of Rov. Irl R. Hicks' Almanac for 1915.
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""" af"nf7
The Federal Anti
trust Bill
(Continued from Pago 11)
authorized, ordered, or done any of
the acts constituting in whole or in
part such violation, and such viola
tion sliall be deemed a misdemeanor,
and upon conviction thereof of any
such director, officer, or agent ho
shall be punished by a fine of not
exceeding $d,uuu or oy imprison
ment for not exceeding ono year, or
by both, in the discretion of tho
court.
Sec. 15. That the several dis
trict courts of the United States are
hereby vested with jurisdiction to
prevent and restrain violations of
this act, and it shall be the duty of
the several district attorneys of the
United States in their respective dis
tricts, under the direction of the at
torney general, to institute nroceed-
ings in equity to prevent and restrain
such violations. Such proceedings
may be by way of petition setting
forth the case and praying that such
violation shall be enjoined or other
wise prohibited. When the parties
complained of shall have been duly
notified by such petition, the court
shall proceed, aj soon as may be, to
the hearing and determination of
the ense: and pending such petition,
and beforo final decree, the court
may at any time mako such tempor
ary restraining order or prohibition
as shall be deemed just in the prem
ises. Whenever it shall appear to
the court before which any such pro
ceedings may be pending that the
ends of justice require that other par
ties should be brought, beforo tho
court, the court mav cause them to
,be . summoned, whether they reside
in tne district in which the court is
held, or not, and subpoenns to that
end may be served in any district by
tho marshal thereof.
Sec. 1G. That any person, firm,
corporation, or association shall be
entitled to sue for and have injunc
tive relief, in any court of the United
States having jurisdiction over the
parties, against threatened loss or
damage by a violation of the anti
trust laws, including, sections two,
three, seven and eight of this act,
when and under the same conditions
and principles as injunctive relief
against threatened conduct that win
cause loss or damage is granted by
courts of equity, under the rules gov
erning such proceedings, and upon
the execution of proper bond against
damages for an injunction improvi
dently granted and a showing that
the danger of irreparable loss or
damage is immediate, a preliminary
injunction may issue: Provided, That
nothing herein contained shall be
construed to entitle any person, firm,
corporation, or association, except
tho United States, to bring suit in
equity for injunctive relief against
any common carrier subject to the
provisions of the act to regulate
commerce, approved February fourth
eighteen hundred and Gl?hfv.Hmr
in respect of any matter subject to
the regulation, supervision, or other
jurisdiction of tho interstate com
merce commission.
Sec. 17. That no preliminary in
junction shall bo issued without no
tice to the opposite pnrtv.
No temporary restraining order
shall-be granted without not'oo
to me opposite party unless it shall
clearly appear from specific fnnro
shown by affidavit or by the verified
hill that immediate and irreparable
injury, loss, or damage will result to
the anplieant before notice can be
served and a hearing had thereon
Every such temporary restrain
lng order shall be indorsed with, the"
dato and hour of issuance iiii 5
lnrdtlmn? fi,lGd, ln VMol
and entered of record, shall define
the injury and state why it is irrp
parable and why the ' order wna
granted without notice, and shall bv
its terms expire within such time
after entry, not to exceed ten days
as the court or judge may fix, unless
within the time so fixed the order is
extended for a like period for good
cause shown, and the reasons for
such extension shall be entered of
record.
In case a temporary restraining
order shall be granted without notice
in the contingency specified, the mat
ter of issuance of a preliminary in
junction shall be set down for a hear
ing at the earliest possible time and
shall take precedence of all matters
except older matters of the same
character; and when the same comes
up for hearing the party obtaining
the temporary restraining order
shall proceed with tho application for
a preliminary injunction, and if he
does not do so the court shall dis
solve the temporary restraining or
der. Upon two days' notice to the
party obtaining such temporary re
straining order the opposite party
may appear and mova the dissolution
or modification of the 'order, and in
that event the court or judge shall
proceed to hear and determine tho
motion as expeditiously as the ends
of justice may require.
Section two hundred and sixty
three of an act entitled "An act to
codify, revise, and amend the laws
relating to the judiciary," approved
March third, nineteen hundred aud
eieven, is hereby repealed.
Nothing in this section contained
shall be deemed to alter, repeal, or
amend section two hundred and
sixty-six of an act entitled "An
act to codify, revise, and amend the
laws relating to the judiciary," ap
proved March third, nineteen hun
dred and eleven.
Sec. 18. Thct, except as other
wise provided in Section sixteen of
this act, no restraining jorder or in
terlocutory order of injunction shall
issue, except upon the giving of
security by the applicant in such
sum as the court o: judge may deem
proper, conditioned upon the pay
ment of such, costs and damages ag
may be incurred or suffered by any
party who may be found to have
been wrongfully enjoined or re
strained thereby.
Sec. 19. That every order of in
junction or restraining order shall
Bet forth the reasons for the issuance
of the same, shall be specific in
terms, and shall describe in reason
able detail and not by reference to
the bill of complaint or other docu
ment, the. act or acts sought to be
restrained, and shall be binding only
upon the parties to the suit, their
officers, agents, servants, employ
ees and attorneys, or those in active
concert or participating with them,
and who shall, by personal service
or otherwise, have received actual
notice of the same.
Sec. 20. That no restraining or
der or injunction shall be granted by
any court of the United States, or
a judge or judges thereof, in any
case between an employer and em
ployees, or between employers and
employees, or between employees, or
between persons employed and per
sons seeking employment, involving
or growing out of, a dispute concern
ing termtf or conditions of employ
ment, unless necessary to prevent ir
reparable injury to property, or to a
property right, of tho party making
the application, for which injury
there is no adequate remedy at law,
and such property or property right
must be described witn particularity
In the application, which must be in
writing and swori. to ty the appli
cant or by his agent or attorney.
And no such restraining order or
injunction shall prohibit any person
or persons, whether singly or in con
cert, from terminating any relation
cs