for his attendance at the trial and his submission to the final judgment of the court. Where the accused is a body. If body corpocorporate, an attachment for the sequestration of its for sequestration property may be issued upon like refusal or failure to answer. rate, attachment of its property. by court or, upon demand of accused, by jury. In all cases within the purview of this Act such trial Trial may be may be by the court, or, upon demand of the accused, by a jury; in which latter event the court may impanel a jury from the jurors then in attendance, or the court or the judge thereof in chambers may cause a sufficient number of jurors to be selected and summoned, as provided by law, to attend at the time and place of trial, at which time a jury shall be selected and impaneled as upon a trial for Trial to conmisdemeanor; and such trial shall conform, as near as may be, to the practice in criminal cases prosecuted by dictment or upon indictment or upon information. form to practice in criminal cases prosecuted by in information. Penalty, fine or both. or imprisonment, Fine paid to United States or or other party in cused natural United States not If the accused be found guilty, judgment shall be entered accordingly, prescribing the punishment, either by fine or imprisonment, or both, in the discretion of the court. Such fine shall be paid to the United States or to the complainant or other party injured by the act con- complainant stituting the contempt, or may, where more than one is so jured. If acdamaged, be divided or apportioned among them as the person, fine to court may direct, but in no case shall the fine to be paid to exceed $1,000. to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months: Provided, That in any case the court or a judge thereof may, for good cause shown, by affidavit or proof taken in open court or before with rule and issuch judge and filed with the papers in the case, dispense for arrest. with the rule to show cause, and may issue an attachment for the arrest of the person charged with contempt; in which event such person, when arrested, shall be brought Accused to be before such court or a judge thereof without unnecessary and admitted to delay and shall be admitted to bail in a reasonable penalty bail. for his appearance to answer to the charge or for trial for same as if rule the contempt; and thereafter the proceedings shall be the same as provided herein in case the rule had issued in the first instance. Court or judge may dispense sue attachment brought before judge promptly Proceed ings thereafter had issued. DECISIONS. In re Heyman, March 22, 1915, 225 Fed. 1000, 1003. Stephens v. Ohio State Telephone, February 14, 1917, 240 Fed. 759, 764. Couts v. United States, Circuit Court of Appeals, March 4, 1918, 249 Fed. 595-7. Evidence may be preserved by bill of exceptions. viewable upon Sec. 22. RULE TO SHOW CAUSE OR ARREST. TRIAL. PENALTIES-Continued. DECISIONS-continued. Swepston v. United States, Circuit Court of Appeals, May 7, 1918, 251 Fed. 205, 210. Toledo Newspaper Co. v. United States, June 10, 1918, 247 U. S. 402, 423. Toshet v. West Kentucky Coal Co., Circuit Court of Appeals, June 14, 1918, 252 Fed. 44, 45. Jennings v. United States, Circuit Court of Appeals, Feb. 17, 1920, 264 Fed. 399, 405. Sec. 23. EVIDENCE. APPEALS. SEC. 23. That the evidence taken upon the trial of any persons so accused may be preserved by bill of exceptions, Judgment re- and any judgment of conviction may be reviewed upon writ of error. writ of error in all respects as now provided by law in criminal cases, and may be affirmed, reversed, or modified Granting of as justice may require. Upon the granting of such writ cution, and of error, execution of judgment shall be stayed, and the Accused to be accused, if thereby sentenced to imprisonment, shall be admitted to bail. admitted to bail in such reasonable sum as may be re writ to stay exe or near presence of any lawful in suit or action quired by the court, or by any justice, or any judge of any district court of the United States or any court of the District of Columbia. Sec. 24. CASES OF CONTEMPT NOT SPECIFICALLY EMBRACED IN SEC. 21 NOT AFFECTED. SEC. 24. That nothing herein contained shall be conCommitted in strued to relate to contempts committed in the presence of court, or of the court, or so near thereto as to obstruct the adminisIn disobedience tration of justice, nor to contempts committed in diswrit or process obedience of any lawful writ, process, order, rule, decree, by or in behalf or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United And other cases States, but the same, and all other cases of contempt not Punished in specifically embraced within section twenty-one of this prevailing usages Act, may be punished in conformity to the usages at law and in equity now prevailing. of United States, not in sec. 21, conformity with at law and in equity. DECISIONS. Couts v. United States, Circuit Court of Appeals, March 4, 1918, 249 Fed. 595-597. Swepston v. United States, Circuit Court of Appeals, May 7, 1918, 251 Fed. 205, 210. Toledo Newspaper Co. v. United States, June 10, 1918, 247 U. S. 402, 423. U. S. v. Cohen, October 28, 1920, 268 Fed. 420, 425. Sec. 25. PROCEEDINGS FOR CONTEMPT. LIMITATIONS. Must be instituted within one SEC. 25. That no proceeding for contempt shall be instituted against any person unless begun within one year from the date of the act complained of; nor shall any year. such proceeding be a bar to any criminal prosecution for Not a bar to the same act or acts; but nothing herein contained shall tion. affect any proceedings in contempt pending at the time Pending proof the passage of this Act. Sec. 26. INVALIDITY OF ANY CLAUSE, SENTENCE, ETC., NOT TO IMPAIR REMAINDER OF ACT. SEC. 26. If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair. or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Approved, October 15, 1914. ANNOTATIONS TO ACT AS A WHOLE. RESALE PRICE MAINTENANCE.31 See also ante, pars. 4-15. 121. Nothing found in either the Clayton or Federal Trade Commission Acts validates price restrictions by a vendor on resale of property sold absolutely by him. Ford Motor Co. v. Union Motor Sales Co., August 1, 1917, Circuit Court of Appeals, 244 Fed. 156, 160. IN GENERAL. 122. Judgments of Federal courts in determining questions under Act, independent of decisions of State courts. Skaggs et al. v. Kansas City Terminal Ry. Co. et al., May 12, 1916, 233 Fed. 827; General Investment Co. v. Lake Shore M. S. Ry. Co., Circuit Court of Appeals, December 8, 1920, 269 Fed. 235, 237, 238. 123. No change has been wrought in the law of conspiracy as applicable to the case in question. Lamar v. United States, Circuit Court of Appeals, June 4, 1919, 260 Fed. 561, 563. 124. Act, as a whole, referred to, in a more or less general way, incidentally, or in passing, in United States v. Rintelen, June 29, 1916, 233 Fed. 793, 799; Linde Air Products Co. v. Morse Dry Dock & Repair Co., March 1, 1917, 239 Fed. 909, 927; Standard Fashion Co. v. Magrane Houston Co., Circuit Court of Appeals, June 28, 1918, 251 Fed. 559; United States v. Colgate & Co., October 29, 1918, 253 Fed. 522, 525, 527; and Sears, Roebuck & Co. v. Federal Trade Commission, Circuit Court of Appeals, April 29, 1919, 258 Fed. 307, 311. 81 See also in this general connection cases, among others, of Straus v. Victor Talking Machine Co., Apr. 9, 1917, 243 U. S. 490, and Boston Store v. American Graphophone Co., Mar. 4, 1918, 246 U. S. 8, and ante, annotations to Federal Trade Commission Act, pars. 83-90, pp. 42-44. criminal prosecu ceedings not affected. But to be consentence, etc., di fined to clause, rectly involved. WEBB ACT.32 [Approved Apr. 10, 1918.] [PUBLIC-NO. 126—65TH CONGRESS.] [H. R. 2316.] AN ACT To promote export trade, and for other purposes. Sec. 1. DEFINITIONS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as"Export trade." sembled, That the words "export trade" wherever used in this Act mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words "export trade" shall· not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for.consumption or for resale. "Trade within That the words "trade within the United States" wherever used in this Act mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States. the United States." "Association." Association not llegal if organ That the word "Association" wherever used in this Act means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations. "TRADE WITHIN THE UNITED STATES." On interstate commerce, see annotations to Federal Trade Commission Act, pars. 39-43 (pp. 24.25), and annotations to Clayton Act, pars. 47-51 (pp. 59-61): Sec. 2. ASSOCIATION FOR OR AGREEMENT OR ACT MADE OR DONE IN COURSE OF EXPORT TRADE-STATUS UNDER SHERMAN ANTITRUST LAW. 66 SEC. 2. That nothing contained in the Act entitled “ An ized for and en- Act to protect trade and commerce against unlawful retrade solely. straints and monopolies," approved July second, eighteen gaged in export $2 The Reports have been checked for annotations through 273 Fed. 768 (Part 3, Advance Sheets, issued as of Sept. 1, 1921), and 41 Sup. Ct. 625, which disposes of all cases decided at the October term, 1920 (last decisions handed down on June 6, 1921). nor act, if not trade within the of the export mestic competi hundred and ninety,82a shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in Nor agreement the course of export trade by such association, provided in restraint of such association, agreement, or act is not in restraint of United States, or trade within the United States, and is not in restraint of trade of any dothe export trade of any domestic competitor of such as- tor, and sociation: And provided further, That such association If such associadoes not, either in the United States or elsewhere, enter tion does not into any agreement, understanding, or conspiracy, or do tentionally enany act which artificially or intentionally enhances or de- prices of, or subpresses prices within the United States of commodities competition, of the class exported by such association, or which sub-restrain trade in stantially lessens competition within the United States class exported. or otherwise restrains trade therein. Sec. 3. ACQUISITION BY EXPORT TRADE CORPORATION OF STOCK OR CAPITAL OF OTHER CORPORATION. artificially or in hance or depress stantially lessen or commodities of Clayton Act un SEC. 3. That nothing contained in section seven of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen,33 shall be construed to forbid the acquisi- Lawful under tion or ownership by any corporation of the whole or any less effect may be part of the stock or other capital of any corporation or substantially organized solely for the purpose of engaging in export within United trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to restrain trade or substantially lessen competition within the United States. Sec. 4. FEDERAL TRADE COMMISSION ACT EXTENDED TO EXPORT TRADE COMPETITORS. SEC. 4. That the prohibition against "unfair methods of competition" and the remedies provided for enforcing said prohibition contained in the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September twenty-sixth, nineteen hundred and fourteen,34 shall be construed as extending to unfair methods of competition 23 a For text of Sherman Act, see footnote on pp. 45-47. 33 See ante, p. 78. 34 See ante, p. 1 et seq. to restrain trade lessen competition States. |