Imágenes de páginas
PDF
EPUB

pute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.

And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacfully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States.

SECTION 21. That any person who shall willfully disobey any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia by doing any act or thing therein, or thereby forbidden to be done by him, if the act or things so done by him be of such character as to constitute also a criminal offense under any statute of the United States, or under the laws of any State in which the act was committed, shall be proceeded against for his said contempt as hereinafter provided.

SECTION 22. That whenever it shall be made to appear to any district court or judge thereof, or to any judge therein sitting, by the return of a proper officer on lawful process, or upon the affidavit of some credible person, or by information filed by any district attorney, that there is reasonable ground to believe that any person has been guilty of such contempt, the court or judge thereof, or any judge therein sitting, may issue a rule requiring the said person so charged to show cause upon a day certain why he should not be punished therefor, which rule, together with a copy of the affidavit or information, shall be served upon the person charged, with sufficient promptness to enable him to prepare for and make return to the order at the time fixed therein. If upon or by such return, in the judgment of the court, the alleged contempt be not sufficiently purged, a trial shall be directed at a time and place fixed by the court: Provided, however,

That if the accused, being a natural person, fail or refuse to make return to the rule to show cause, an attachment may issue against his person to compel an answer, and in case of his continued failure or refusal, or if for any reason it be impracticable to dispose of the matter on the return day, he may be required to give rea onable bail for his attendance at the trial and his submission to the final judgment of the court. Where the accused is a body corporate, an attachment for the sequestration of its property may be issued upon like refusal or failure to answer.

In all cases within the purview of this Act such trial 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 misdemeanor; and such trial shall conform, as near as may be, to the practice in criminal cases prosecuted by indictment or upon information.

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 constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1000, 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 such judge and filed with the papers in the case, dispense 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 before such court or a judge thereof without unnecessary delay and shall be admitted to bail in a reasonable penalty for his appearance to answer to the charge or for the contempt; and thereafter the proceedings shall be the same as provided herein in case the rule had issued in the first instance.

SECTION 23. That the evidence taken upon the trial of any persons so accused may be preserved by bill of exceptions, and any judgment of conviction may be reviewed upon writ of error in all respects as now provided by law in criminal cases, and may be affirmed, reversed, or modified as justice may require. Upon the granting of such writ of error, execution of judgment shall be stayed, and the accused, if thereby sentenced to imprisonment, shall be admitted to bail in such reasonable sum as may be required 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.

SECTION 24. That nothing herein contained shall be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced within section twenty-one of this Act, may be punished in conformity to the usages at law and in equity now prevailing.

SECTION 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 such proceeding be a bar to any criminal prosecution for the same act or acts; but nothing herein contained shall affect any proceedings in contempt pending at the time of the passage of this Act.

SECTION 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.

INDEX

Accounts and reports of public service
corporations, 323

Addyston Pipe case, 261, 264, 548, 550
Administration and the Courts, see
Judicial Review, Justice Field,
Justice Marshall

Administration of justice, defects in,

94, IOI

Administrative and legislative power
compared, 378 ff., 438

Administrative determination of Fed-
eral Government, 387 ff.
Administrative functions and labor
laws, 414, 415, 479, 480
Administrative law, 325 ff.; usurpation
in, 551

Agreements to fix price, 37
Andrews, J. B., 413

Anti-trust law, Federal, 38, 46-47, 140,
243, 267, 280 ff. See also Sherman
Law. State anti-trust laws, 40, 41,
140, 187, 235 ff.; operation of, 44 ff.
British anti-trust law, 267, 268, 270 ff.
Assumption of risks, 466

Australia, Constitution of, 125, 126;
minimum wage law of, 431
Ayres, A. U., 191

Banks, regulation of, 145; charters of,
209. See also Alexander Hamilton
Barbour, Justice, on police power of
states, 119

"Blue Sky" laws, 191 ff.
Bounties, 57, 516
Bowman, H. M., 197

Boycott, 265, 266, 485, 491 ff., 494, 617.

See also Carpenter, Justice Harlan,
Judge Taft, Law of, 485 ff.
Bradley, Justice, on congressional power
over corporations, 210

Brandeis, L. D., on trust regulation, 602
British minimum wage legislation, 433
Brooks, T. J., 623

Brown, Justice, on police power, 113
Bruce, A. A., 293

Buck Stove case, 283, 487-490
Bureaucratic control, 35. See Cen-
tralization

Burgess, J. W., on police power, 103,

104

Business, affected with a public inter-
est, 285 ff., 293 ff., 344 ff.; difference
between public and private, 284;
and government, 33, 35, 69; enter-
prise and the law, 38; regulation of,
24, 26, 28 ff., 69, 140, 157 ff., 498 ff.;
size of business unit, 33. See also Anti-
trust legislation, Congress, laissez-
faire, Sherman law, Inspection laws

Calvert, T. H., 547

Carpenter, Judge, on boycotts, 486
Cattle legislation, 142, 168
Centralization, 26; Federal centraliza-
tion, 26, 42, 209 ff., 498, 547 ff., 551 ff.
Charles River Bridge case, 21, 24
Charter of public service corporations,
317, 359

Charters of corporations, 7, 16 ff., 179
ff., 212, 213, 173
Class legislation, 302

Clifford, Justice, on power of courts
over State legislation, 505
Combinations, 197 ff., 267 ff., 576 ff.,
580, 588. See Anti-trust law, Trusts,
Monopoly, Competition. Methods of,
261 ff. See also Judge Cooley, Dicey,
Justice Hughes

Commission, authority of, 315 ff.;
power of, 317 ff., 343, 378 ff.; organ-
ization of, 311 ff.; operation of,
346 ff.; industrial, 415, 467 ff.; tax,
60; public utilities, 308 ff.; Railroad,
41, 336; government by, 61, 552, 332;
nature of commissions' power, 378 ff.;
criticism of, 47, 48, 324 ff., 332 ff.;
and judicial functions, 328 ff., 379 ff.,
394 ff., 403 ff.; and legislative func-
tions, 379 ff. See also Fuller, Chief
Justice

Common law, 92, 285; and decent, 68;
and corporations, 186; on conspiracy,
270 ff., 278; individualism in, 95
Commons, J. R., 467

Commonwealth v. Alger, 118
Communism, 50

« AnteriorContinuar »