Sec. 6. FURTHER POWERS-Continued. To make reports in the public interest; and to make annual and special to Congress, to gether with rec tion. ommendations reports to the Congress and to submit therewith recomfor new legisla mendations for additional legislation; and to provide for To provide for the publication of its reports and decisions in such form reports and de- and manner as may be best adapted for public information and use. publication of its cisions. To classify cor make rules and porations, and (g) From time to time to classify corporations and to regulations inci- make rules and regulations for the purpose of carrying istration of Act. out the provisions of this Act. dental to admin To investigate foreign trade con foreign trade of porting to Con (h) To investigate, from time to time, trade conditions ditions involving in and with foreign countries where associations, comUnited States, re- binations, or practices of manufacturers, merchants, or gress with ree traders, or other conditions, may affect the foreign trade deemed advis of the United States, and to report to Congress thereon, with such recommendations as it deems advisable. able. rec Court may refer suit to Commission. To ascertain propriate form Sec. 7. SUITS IN EQUITY UNDER ANTITRUST ACTS. COMMISSION AS MASTER IN CHANCERY. 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 testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the and report an ap- commission, as a master in chancery, to ascertain and of decree. report an appropriate form of decree therein. The comCommission to mission shall proceed upon such notice to the parties and tice to parties under such rules of procedure as the court may prescribe, by court. Excep- and upon the coming in of such report such exceptions ings as in other may be filed and such proceedings had in relation thereto equity causes. as upon the report of a master in other equity causes, but proceed on no and as prescribed tions. Proceed Court may the court may adopt or reject such report, in whole or in report in whole part, and enter such decree as the nature of the case may adopt or reject or in part. To furnish, when directed by in its judgment require. Sec. 8. COOPERATION OF OTHER DEPARTMENTS AND BUREAUS. SEC. 8. That the several departments and bureaus of President, recthe Government when directed by the President shall fur ords, papers, and information, and officials to detail in nish the commission, upon its request, all records, papers, and employees. and information in their possession relating to any corporation subject to any of the provisions of this Act, and • For text of Sherman Act, see footnote on pp. 503-505. As enumerated in last paragraph of sec. 4 of this act, see p. 493. 'Provisions and penalties of secs. 6, 8, 9, and 10 of this Act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159. shall detail from time to time such officials and employees to the commission as he may direct. TESTIMONY. MAN Sec. 9. EVIDENCE. WITNESSES. Commission to have access to dence and right tendance of wit SEC. 9. That for the purposes of this Act the commission, or its duly authorized agent or agents, shall at all documentary evireasonable times have access to, for the purpose of ex- to copy same. amination, and the right to copy any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require may require atby subpoena the attendance and testimony of witnesses and nesses and prothe production of all such documentary evidence relating dence. to any matter under investigation. Any members of the commission may sign subpoenas, and members and examiners of the commission may administer oaths and af- tions, firmations, examine witnesses, and receive evidence. duction of evi Subpoenas, oaths, affirmaexamination of witnesses. Reception of evidence. Witnesses and evidence may be any place in Such attendance of witnesses, and the production of such documentary evidence, may be required from any required from place in the United States, at any designated place of United States. hearing. And in case of disobedience to a subpoena the Disobedience commission may invoke the aid of any court of the United Commission may States in requiring the attendance and testimony of wit- United States nesses and the production of documentary evidence. to a subpoena. invoke aid of any court. tumacy or dis pœna, any disjurisdiction in obedience. Disobedience thereafter puncon ishable as tempt. Any of the district courts of the United States within In case of conthe jurisdiction of which such inquiry is carried on may, obedience of subin case of contumacy or refusal to obey a subpoena issued trict court in to any corporation or other person, issue an order requir- volved may order ing such corporation or other person to appear before the commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the commission, the dis- application of trict courts of the United States shall have jurisdiction to enforce comto issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof. The commission may order testimony to be taken by Commission deposition in any proceeding or investigation pending sitions at any under this Act at any stage of such proceeding or investi 74 Provisions and penalties of secs. 6, 8, 9, and 10 of this act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159. Mandamus from District Courts on Attorney General pliance with Act. may order depostage. before person Commission. Testimony to writing, etc. Sec. 9. EVIDENCE. WITNESSES. TESTIMONY. MANDAMUS TO ENFORCE OBEDIENCE TO ACT-Continued. May be taken gation. Such depositions may be taken before any person designated by designated by the commission and having power to administer oaths. Such testimony shall be reduced to writbe reduced to ing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Appearance Any person may be compelled to appear and depose and production of evi- to produce documentary evidence in the same manner as compelled as in witnesses may be compelled to appear and testify and Commission. produce documentary evidence before the commission as hereinbefore provided. testimony, and may be proceeding before United States cou.ts. Witness fees, Witnesses summoned before the commission shall be same as paid for like services in paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. testimony or evi for failure to duce. No person shall be excused from attending and testifydence no excuse ing or from producing documentary evidence before the testify or pro-commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penperson shall not alty or forfeiture. But no natural person shall be prosebe prosecuted cuted or subjected to any penalty or forfeiture for or on matters involved. account of any transaction, matter, or thing concerning with respect to which he may testify, or produce evidence, documentary or otherwise, before the commission in obedience to a subpœna issued by it: Provided, That no natural person so Perjury ex testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. cepted. Failure to testify or to pro tary evidence. Sec. 10. PENALTIES. SEC. 10. That any person who shall neglect or refuse to duce documen- attend and testify, or to answer any lawful inquiry, or to Offender subject produce documentary evidence, if in his power to do so, onment, or both. in obedience to the subpoena or lawful requirement of the commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. • Provisions and penalties of secs. 6, 8, 9, and 10 of this Act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159. statements, or accounts, records, other docu or willful failure Any person who shall willfully make, or cause to be False entries, made, any false entry or statement of fact in any report tampering with required to be made under this Act, or who shall will- or mentary evidence, fully make, or cause to be made, any false entry in any to make entries, account, record, or memorandum kept by any corpora- etc., or tion subject to this Act, or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such corporation, or who shall willfully Willful refusal refuse to submit to the commission or to any of its au- mentary evidence thorized agents, for the purpose of inspection and taking copies, any documentary evidence of such corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United, Offender ject to fine or States of competent jurisdiction, to a fine of not less than Imprisonment, or $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment. to submit docu to Commission. both. sub poration to file each day's con If any corporation required by this Act to file any an- Failure of cornual or special report shall fail so to do within the time required report. fixed by the commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall forfeit to the United States Forfeiture for the sum of $100 for each and every day of the continu- tinued failure. ance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the corporation has its trict where corprincipal office or in any district in which it shall do principal office, business. It shall be the duty of the various district Various district attorneys, under the direction of the Attorney General prosecute for reof the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Recoverable in civil suit in dis poration has or does business. attorneys to covery. Unauthorized formation by em divulgence of in ployee of Com Any officer or employee of the commission who shall make public any information obtained by the commission without its authority, unless directed by a court, shall be mission, punishdeemed guilty of a misdemeanor, and, upon conviction imprisonment or thereof, shall be punished by a fine not exceeding $5,000, able by ne or both. Not affected by this act. Sec. 10. PENALTIES-Continued. or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court. Sec. 11. ANTITRUST ACTS AND ACT TO REGULATE COMMERCE. SEC. 11. Nothing contained in this Act shall be construed to prevent or interfere with the enforcement of the provisions of the antitrust Acts or the Acts to regulate commerce, nor shall anything contained in the Act be construed to alter, modify, or repeal the said antitrust Acts or the Acts to regulate commerce or any part or parts thereof. Approved, September 26, 1914. THE CLAYTON ACT.1 [Approved Oct. 15, 1914.] [PUBLIC-No. 212-63D CONGRESS.] [H. R. 15657.] AN ACT To supplement existing laws against unlawful restraints and monopolies, 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"Antitrust sembled, That "antitrust laws," as used herein, includes the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved laws." For text of Sherman Act, see footnote on pp. 503-505. As enumerated in last paragraph of sec. 4 of this Act, see p. 493. This act has been annotated up to July 1, 1921, and may be found, so annotated, in Volume III of the Commission's Reports. Subsequent reported decisions for the period covered by this and the preceding volume (July 1, 1921, to Feb. 13, 1923) and bearing on the provisions of this act affecting the Commission are: Canfield Oil Co. v. Federal Trade Commission, 274 Fed 571 (see opinion set forth in Appendix II of Volume IV at p. 542 et seq.); Sinclair Refining Co. v. Federal Trade Commission, 276 Fed. 686 (see opinion set forth in Appendix IL of Volume IV at p. 552 et seq.); Auto Acetylene Light Co. v. Prest-O-Lite Co., Inc., 276. Fed. 537; Standard Fashion Co. v. Magrane-Houston Co., 258 U. S. 346, 42 Sup. Ct. 360, and United Shoe Machinery Corporation v. United States, 258 U. S. 451, 42 Sup. Ct. 363; Aluminum Co. of America v. Federal Trade Commission, 284 Fed. 401 (see opinion set forth in Appendix II of this volume at p. 529 et seq.); Standard Oil of N. J. et al. v. Federal Trade Commission, 282 Fed. 81 (see opinion set forth in Appendix II of this volume at p. 542 et seq.); and Federal Trade Commission v. Curtis Publishing Co., 260 U. S. 568 (see opinion set forth in Appendix II of this volume at p. 599 et seq.). It should be noted in connection with this law That the so called Shipping Board Act (sec. 15, ch. 451, 64th Cong.. 1st sess.) provides that "every agreement, modification, or cancellation lawful under this section shall be excepted from the provisions of the Act approved July 2, 1890, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' and amendments and acts supplementary thereto That the jurisdiction of the Commission is limited by the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 169, 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 |