17

A.—s

An Act in Relation to Testimony before tbe Inter-State Commerce Commission, and in Cases or Proceedings under or connected with an Act entitled " An Act to regulate Commerce," approved February Fourth, eighteen hundred and eighty-seven, and Amendments thereto. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,— That no person shall be excused from attending and testifying, or from producing books, papers, tariffs, contracts, agreements, and documents before the Inter-State Commerce Commission, or in obedience to the subpcena of the Commission, whether such subpcena be signed or ießUed by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the Act of Congress entitled "An Act to regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof, on the ground or for the reason that the testimony or evidenoe, documentary or otherwise, required of him may tend to criminate him or subjeot him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning whioh he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided that no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produoe books, papers, tariffs, contracts, agreements, and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commissson shall be guilty of an offence, and upon conviction thereof by a Court of competent jurisdiction shall be punished by fine not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year, or by both suoh fine and imprisonment. Public, No. 54, approved 11th February, 1893, seoond session, fifty-second Congress.

An Act to protect Trade and Commerce against Unlawful Restraints and Monopolies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, — Sec. 1. Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such oontract, or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the Court. See. 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the Court. Sec. 3. Every oontract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanour, and on conviction thereof shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the Court. Sec. 4. The several Circuit Courts of the United States are hereby invested 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 districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. Suoh proceedings may be by way of petition setting forth tbe case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of suoh petition the Court shall proceed, as soon as may be, to the hearing and determination of the case ; and pending such petition and before final decree the Court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Sec. 5. Whenever it shall appear to the Court before which any proceeding under section 4 of this Act may be pending that the ends of justice require that other parties should be brought before the Court, the Court may cause them to be summoned, whether they reside in the district in which the Court is held or not; and subpoenas to that end may be served in any district by the Marshal thereof. Sec. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this Act, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. Sec 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or deolared to be unlawful by this Act may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, inoluding a reasonable attorney's fee. Sec. 8. That the word " person," or " persons," wherever used in this Act shall be deemed to include corporations and associations existing under or authorised by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. Public, No. 190, approved, 2nd July, 1890, first session, fifty-seventh Congress.

An Act to expedite the Hearing and Determination of Suits in Equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled "An Act to protect Trade and Commerce against Unlawful Restraints and Monopolies," " An Act to regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like Purpose that may be hereafter enacted. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, — That in any suit in equity pending or hereafter brought in any Circuit Court of the United States under the Act entitled " An Act to proteot Trade and Commerce against Unlawful Restraints and Monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file with the Clerk of suoh Court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by suoh Clerk to each of the Circuit Judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the Circuit Judges of said circuit, if there be three or more ; and if there be not more than two Circuit Judges, then before them and such Distriot Judge as they may select. In the event the Judges sitting in such case shall be divided in opinion, the case shall be oertified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided. Sec. 2. That in every suit in equity pending or hereafter brought in any Circuit Court of the United States under any of said Acts wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the Circuit Court will lie only to the Supreme Court and must be taken within 3—A. 5.