Page:United States Statutes at Large Volume 42 Part 1.djvu/189

 SIXTY-SEVENTH CONGRESS. Sess. I. Ch. 64. 1921. 161 or in such marketing business and also 20 er centum or more of srach power or contro 111 any business referreg to in clause (a) or (b) a ove. Sec. 202. It shall be unlawful for any packer to: U°‘°“"“‘ °°‘S· (a) Engage  or use any unfair, rmjustly discriminatory, or e,_§’“§;‘,{(,,ce‘§°°°P*i""· deceptive practice or device in commerce; or " ` (b) Make or give, in commerce, any undue or unreasonable prefer- e,gfg§§§0“‘;§fSgng';§ ence or advantage to any particular person or locality in any respect 1w¤1i¤i¤s· whatsoever, or subject, in commerce, an particular rson or locality to any undue or unreasonable prejudice or disadiiiantage in any res ct whatsoever; or _ _ dri); SeH or otherwise transfer to or for any other packer, or buy py;l’§',l,°.${f§'§’,”,§k,,Z“¥§ or otherwise receive from or for any other packer, any article for §;;"°*”’ °'°°mm°'°°· the purpose or with the effect of a portioning the su ply in commerce ° between any such packers, if such ap rtionment has the tendency or effect of restraining commerce or ofxlzreating a monopoly in commerce; or _ _ (d) Sell or otherwise transfer to or for any other person, or buy or wT§‘§i§?,€u},‘}° °{2§1§ otherwise receive from or for any other person, any article for the °'°°°° m°¤°P°‘Y· °°°· purpose or with the effect of manipulatinlg or controlling prices in commerce, or of creating a mono o y in the acquisition of, buying, selling, or dealing in, any articlli in commerce, or of restraining commerce; or _ (e) Engage in any course of business or do any act for the pur- m$§§I}g,“,°$L’§“p$¥{,°l§Ef pose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the ac uisition of, buying, selling, or dealing in, any article in commerce, oroli restraining commerce; or can im t (f) Compime, combine, 1agree,or  with any other person (1) arm siZmr€q2°p{,°3iZ to apportion territory for  on business in commerce, or (2) °“°’°’**"“’°“·°‘°· to apportion purchases or sales o any article in commerce, or (3) to manipulate or control prices in commerce; or C _, t _ in (5) Conspire, combine, agree or arrange with any other person u¤r°iI$?f’¤iZ%s.°°’d to 0, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). S M bm. g Sec. 203. (a) Whenever the Secretary has reason to believe that rgiiis :·;i»t¤¤i-ziid any packer has violated or is violating any provision of this title, ‘“"‘ °°““"°‘“‘*°'· he shall cause a complaint in writing to be served upon the packer, stating his charges in that respect, and reqluiring the packer to attend and testify at a hearing at a time and p ace esignated therein, at H i least thirty days after the service of such complaint; and at such ' time and place there shall be afforded the packer a reasonable cpm; tunity to be informed as to the evidence introduced against ` (including the right of cross-examination), and to be hear in person or by counsel and through witnesses, under such regulations as the Umm _ t Secretary may prescribe. Any geirson for good cause shown may on mm my m °”` application be allowed by the cretary to intervene in such pro- Am dm ceeding, and appear in person or by counsel. At any time prior to p;,,m$§.,w? °°m` the close of the hearing the Secretary may amend the complaint; but in case of an amendment adding new charges the hearing shall, on the request of, the packer, be adjourned for a period not exceeding fifteen days. I _ { d t (b) If, after such hearing, the Secretaiiy finds that the packer cea§Z“$;01§m,§§_°' ° has violated or is violating any provisions o this title covered y the charges, he shall make a report in writing in which he shall state his Endings as to the facts, an shall issue and cause to be served on the packer an order requiring such packer to cease and desist from con- Mmmm mw W tinuing such violation. he testimony taken at the hearing shall be same. Y P reduced to writing and filed in the records of the Department of Agriculture. 42150°»—23—-411