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Cases in which orders for discontinuance or dismissal have been entered—Continued.
Date of Docket order. No.
Reasons for discontinuance
Answer and trial.. No reasons assigned.
Failure of proof.
Prest-O-Lite Co., Inc.
Acetylene gas. Tying or exclusive contracts or dealings in
violation of sections 5 and 3 of the Federal
spectively: resale price maintenance.
and similar prod
ucts. New York Color & Chemical Co. .do.
do.. Ida Davis, doing business under Sponges.
David Davis Sons.
Advertising falsely and misleadingly.
Dyestuffs and chemi- Commercial bribery.
cals. Arkansas Distributing Co.
under the name and style of cals.
F. Bredt & Co.
Advertising falsely and misleadingly and mis
businesses, with a dangerous tendency un-
No reasons assigned.
No reasons assigned.
Death of respondent.
No reasons assigned.
no reasons assigned.
ACTS OF CONGRESS FROM WHICH THE COM
MISSION DERIVES ITS POWERS.
FEDERAL TRADE COMMISSION ACT.1
[Approved Sept. 26, 1914.]
(H. R. 15613.]
AN ACT To create a Federal Trade Commission, to define its powers and
duties, and for other purposes.
Sec. 1. CREATION AND ESTABLISHMENT OF THE COMMISSION.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created and established, to be known as the Federal Trade Commission (hereinafter referred to as the commission), which shall Five commisbe composed of five commissioners, who shall be appointed pointed by Presi:
, by the President, by and with the advice and consent of with, etc. the Senate. Not more than three of the commissioners from shall be members of the same political party. The first commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of
Not more than three
same political party.
1 This act has been annotated up to July 1, 1921, and may be found, so annotated, in Volume III of the Commission's Reports. Reported decisions of the courts for the period covered by this volume (May 22, 1922, te Feb. 13, 1923) and arising under this act are printed in full in Appendix II hereof (see infra, p. 529 et seq.). Previously reported decisions will be found set forth in Appendix II of Volumes II, III, and IV of the Commission's Reports
It should be noted that the jurisdiction of the Commission is limited by the
“ Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat., 159, sec. 406 of said Act providing that “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 [of Agriculture) except in cases in which, before the enactment of this Act, complaint has been served under sec. 5 of the Act, entitled An Act to create a Federal Trade Commission, to define its powers and
Sec. 1. CREATION AND ESTABLISHMENT OF THE COM. MISSION-Continued.
each to be designated by the President, but their succesTerm, seven years.
sors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed
only for the unexpired term of the commissioner whom he Chairman to be shall succeed. The commission shall choose a chairman chosen by commission.
from its own membership. No commissioner shall engage Pursuit other business prohib- in any other business, vocation, or employment. Any
commissioner may be removed by the President for inRemoval by efficiency, neglect of duty, or malfeasance in office. A President.
vacancy in the commission shall not impair the right of Vacancy impair paranee net to the remaining commissioners to exercise all the powers of
exercise of powers by remaining commis: the commission. sioners.
The commission shall have an official seal, which shall Seal judicially noticed.
be judicially noticed.
Sec. 2. SALARIES. SECRETARY. OTHER EMPLOYEES.
EXPENSES OF THE COMMISSION. OFFICES. Commissioner's salary, $10,000. SEC. 2. That each commissioner shall receive a salary of
a $10,000 a year, payable in the same manner as the salaries of the judges of the courts of the United States. The duties, and for other purposes,' approved Sept. 26, 1914, or under sec. 11 of the Act, entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,' approved Oct. 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."
In connection with the history in Congress of the Federal Trade Commission Act, see address of President Wilson delivered at a joint session on Jan. 20, 1914 (Congressional Record, vol. 51, pt. 2, pp. 1962–1964, 63d Cong., 2d sess.); report of Senator Cummins from the Committee on Interstate Commerce on Control of Corporations, Persons, and Firms engaged in Interstate Commerce (Feb. 26, 1913, 62d Cong., 3d sess., Rept. No. 1326); Hearings on Interstate Trade Commission before Committee on Interstate and Foreign Commerce of the House, Jan. 30 to Feb. 16, 1914, 63d Cong., 2d sess. ; Interstate Trade, Hearings on Bills relating to Trust Legislation before Senate Committee on Interstate Commerce, 2 vols., 63d Cong., 2d sess. ; report of Mr. Covington from the House Committee on Interstate and Foreign Commerce on Interstate Trade Commission (Apr. 14, 1914, 63d Cong., 2d sess., Rept. No. 533) ; also parts 2 and 3 of said report presenting the minority views respectively of Messrs. Stevens and Lafferty ; report of Senator Newlands from the Committee on Interstate Commerce on Federal Trade Commission (June 13, 1914, 63d Cong., 2d sess., Rept. No. 597) and debates and speeches, among others, of Congressmen Covington for (references to Congressional Record, 630 Cong., 2d sess., vol. 51), part 9, pp. 8840–8849 ; 9068 ; 14925–14933 (part 15) ; Dickinson for, part 9, pp. 9189–9190 ; Mann against, part 15, pp. 14939–14940; Morgan, part 9, 8854-8857, 9063-9064, 14941-14943 (part 15); Sims for, 14940–14941 ; Stevens of N. H. for, 9063 (part 9); 14941 (part 15); Stevens of Minn. for, 8849–8853 (part 9); 14933– 14939 (part 15); and of Senators Borah against, 11186-11189 (part 11); 11232–11237, 11298–11302, 11600–11601 (part 12); Brandegee against, 12217–12218, 12220_12222, 12261-12262, 12410_12411, 12792–12804 (part 13), 13103-13105, 13299-13301 ; Clapp against, 11872–11873 (part 12), 13061-13065 (part 13), 13143–13146, 13301-13302 ; Cummins for, 1110211106 (part 11), 11379–11389, 11447–11458 (part 12), 11528–11539,
commission shall appoint a secretary, who shall receive Appointment of a salary of $5,000 a year, payable in like manner, and it ary, $5,000. shall have authority to employ and fix the compensation the semi
ployeesSalaries of such attorneys, special experts, examiners, clerks, and hired by Commisother employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. With the exception of the secretary, a clerk to each recercept for nec.
, commiscommissioner, the attorneys, and such special experts and and such special
' , examiners as the commission may from time to time find experts and exnecessary for the conduct of its work, all employees of the mission may find
, commission shall be a part of the classified civil service, or classified serta
employees and shall enter the service under such rules and regula
ice. tions as may be prescribed by the commission and by the Civil Service Commission. All of the expenses of the commission, including all Expenses of
com mission alnecessary expenses for transportation incurred by the lowed and paid
presentation commissioners or by their employees under their orders, of itemized ap
, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the commission. 12873-12875 (part 13), 12912–12924, 12987–12992, 13045–13052, 14768– 14770 (part 15); Hollis for, 11177–11180 (part 11), 12141-12149 (part 12), 12151-12152; Kenyon for, 13155–13160 (part 13); Lewis for, 11302–11307 (part 11), 12924–12933 (part 13); Lippit against, 1111111112 (part 11), 13210_13219 (part 13); Newlands for, 9930 (part 10), 10376–10378 (part 11), 11081-11101, 11106–11116, 11594–11597 (part 12); Pomerene for, 12870–12873 (part 13), 12993–12996, 13102-13103 ; Reed against, 11112–11116 (part 11), 11874–11876 (part 12), 1202212029, 12150–12151, 12539–12551 (part 13), 12933–12939, 13224-13234, 14787–14791 (part 15); Robinson for, 11107 (part 11), 11228-11232; Saulsbury for, 11185, 11591-11594 (part 12); Shields against, 13056– 13061 (part 13), 13146-13148; Sutherland against, 11601-11604 (part 12), 12805–12817 (part 13), 12855–12862, 12980–12986, 13055–13056, 18109-13111 ; Thomas against, 11181-11185 (part 11), 11598–11600 (part 12), 12862-12869 (part 13), 12978–12980 ; Townsend against, 1187011872 (part 12); and Walsh for, 13052–13054 (part 13).
See also Letters from the Interstate Commerce Commission to the chairman of the Committee on Interstate Commerce, submitting certain suggestions to the bill creating an Interstate Trade Commission, the first being a letter from Hon. C. A. Prouty dated Apr. 9, 1914 (printed for the use of the Committee on Interstate Commerce, 630 Cong., 2d sess.) ; letter from the Commissioner of Corporations to the chairman of the Committee on Interstate Commerce, transmitting certain suggestions relative to the bill (H. R. 15613) to create a Federal Trade Commission, first letter dated July 8, 1914 (printed for the use of the Committee on Interstate Commerce, 63d Cong., 2d sess.) ; brief by the Bureau of Corporations, relative to sec. 5 of the bill (H. R. 15613) to create a Federal Trade Commission, dated Aug. 20, 1914 (printed for the use of the Committee on Interstate Commerce, 63d Cong., 2d sess.) ; brief by George Rublee relative to the court review in the bill (H. R. 15613) to create a Federal Trade Commission, dated Aug. 25, 1914 (printed for the use of the Committee on Interstate Commerce, 630 Cong., 2d sess.) ; and dissenting opinion of Justice Brandeis in Federal Trade Commission v. Gratz, 253 U. S. 421, 429-442. (Sec case also in Vol. II of Commission's Decisions, p. 564 at pp. 570–579.)
Sec. 2. SALARIES. SECRETARY. OTHER EMPLOYEES.
EXPENSES OF THE COMMISSION. OFFICES—Continued. Commission
Until otherwise provided by law, the commission may may rent suitable offices.
rent suitable offices for its use. Auditing of ac
The Auditor for the State and Other Departments shall receive and examine all accounts of expenditures of the commission.
Sec. 3. BUREAU OF CORPORATIONS. OFFICE OF THE
COMMISSION. PROSECUTION OF INQUIRIES. Bureau of Cor. Sec. 3. That upon the organization of the commission porations absorbed by Com- and election of its chairman, the Bureau of Corporations
and the offices of Commissioner and Deputy Commissioner of Corporations shall cease to exist; and all pending investigations and proceedings of the Bureau of Cor
porations shall be continued by the commission. Clerke, em- All clerks and employees of the said bureau shall be ployees, records, papers, property, transferred to and become clerks and employees of the
, transferred to commission at their present grades and salaries. All
records, papers, and property of the said bureau shall become records, papers, and property of the commission, and all unexpended funds and appropriations for the use and maintenance of the said bureau, including any allotment already made to it by the Secretary of Commerce from the contingent appropriation for the Department of Commerce for the fiscal year nineteen hundred and fifteen, or from the departmental printing fund for the fiscal year nineteen hundred and fifteen, shall become funds and appropriations available to be expended by the commission in the exercise of the powers, authority,
and duties conferred on it by this Act. Principal office
The principal office of the commission shall be in the but Comermission city of Washington, but it may meet and exercise all its
powers at any other place. The commission may, by one
or more of its members, or by such examiners as it may any inquiry any: where in United designate, prosecute any inquiry necessary to its duties
any part of the United States. Sec. 4. DEFINITIONS.
SEC. 4. That the words defined in this section shall have the following meaning when found in this Act, to wit: " Commerce"
means commerce among the several Statės or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any