Page:United States Statutes at Large Volume 44 Part 1.djvu/369

 » 355 TITLE 15.--COM} gnd that there were reasonable grcnnds for the failure to nd tluce such evidence in the preceeding before the commission 0 ihcnrd, the court may crdexieuch additional evidence tc be take: bc€cre` the `ccmmlssicn cr board andtc be ndduced. upon th hearing in such manner and npcn such terms and conditions n m the court may-seem proper. The commission or beard ma; nmtlil’y its dndings es to the facts, or make new Endings, bg mma; of the additional evidence ·s0 taken, and lt shall ill such incdlded` or new tlndlngs, which, if Stzppcrtcd by testi zccny, shell be conclusive, and its recommendation, if any, ‘fo §llc.1:1<>tIi-Hcatidn pr setting' aside of its original order, with th murn of such additional evidence. The jxidgment and`Aecre · we ihc`ccnrt_shnll he dual, except that the same shall be sub §··»l tc x·_e€:icw by the Supreme Court upon certiorari as prc sérlvzl in se.ction_,S47 of Title 28, Jcnicux. Chun Ann J Unxcum Any party required by such crdcr of the commission or beam sc cease and desist from a violation charged may obtain a rc xicxv of such order in said circuit court of appeals by Hllng iz me ¢;#cm·t n written petition praying that- the ordexi of the com · ;,,lee.i·»n or beard he cet aside. A copy ctsnch petition shall b mtlzwithe served npcn the ccmmlsision or board, and thereupm the- ccmmin I i- board forthwith shall cexptify and me ixrth "~ {-Hurt n trenscrlbt __0t the recqrd as hereinbcfore provided XTWQ the ming of the transcript the,court_sha,ll have the sdm g;n:~lsdicticn tc n@x·m, act nslde, or modify thecrdcr of the com miseicn or beard an ln the case of-an application hy the com miesicn or beard fcrithe enforcement of tits order, and-th . xinllings of the commiselon oi- board as to the facts, lt sup pcrted by testimony, ehallin llhe nznnner be conclusive.- ‘ The jurisdiction of the Clrcult¢C0urt of Appeals ot the Unltel suites to enforce, set aside, or modify orders ot the commlselqx cx- h¢>m·d`shnll be exclusive.  . . I i  1 such proceedings ln` the circuit Acourt of appeals shall b .glx·cn precedence over otherensen pending therein, `and sha] me in every way egpedlted. No order ot the commission c hc:u·d or the judgment at the court to enforce the same sha} in any wise relieve or-` abeolve Many bgtson {mm any llablllt; under the antitrust laws}  _ · · _ ~ _ · Gcmplalntsl, orders,`and other processes of the commission 0 ized "l>y· the commleicn or board, either (a.) by delivering a ccpy thereof to the person to be_ served, mi to a. member of 'thpartnership tc be served, or to the president, secretary, 0 timer executive cmccr lor a director ot the ccrpémtion to b ' served; eg (hl by leaving all éogy thereof nt the principal 0350 cr place ot bnslnm qt such pérecn; or (c) 'by” regléterlnl and mailing a copy thereof addressed to such mteon at hl · principal cmcé cr place of business. The verlhed return hg the perncn eq serving seld complaint, yarder,. (*61* tether pmccs setting ifcxjth the jnlnnner. ct scid service, ;Sh8.u‘b8·§1‘Q0f.`0f th snide, and the retmrn pcsbodlce tecelpt {cr scid \ccmpl¤.ln1 order, cr cther prccem reglstetm and ·’ mailed nc ··a.fcresm.¤ » shall be pmcf ct the service of the entne. (Oct. 15, 1914, c. 32E - €· 11, 38 Stat. 734; Feb. 13, 1925,c. 229, G 2,  Stat. 939.). _ ’ _ 22. District in which to sue c0rp0nticn.—~Any, suit, nctlcx or preceeding nude: the antitrust ‘ lcws against a ccrporntlox may be brought not cnlj in the judicial district whereof ltls ax lnhabltnnt, but- nice ln agny-district wherein lt may be jcune U cr treneects bnsineesi and all Zprcccsc in such ences may h Servm an the dletrlct of which lt is an lnhahltant,.-cx `whefete it may be found; 60ct.-15, 1914, c. 8%, S 12, 38 Stat, 736.) . ‘ ~23. Suite by. Unitx; States; snhmnas for wltneeece;--4-I1 1 any suit, action, er .prdceedlng brcughf by cr ch hehnlt of th _ United States snhpmnne mr with  who are required t attend A court ct the United States lu nny judicial d1atrlct—_l1 any case, civil or criminal, mfising uncle: the antitrust, law may mn lute en? otherfdistrlct: Provided, Tllctln civil mee no writ at enhpqenal shell issue tm; virltnweea 1ivlng"cut·of.th district in which the court is held. QC e, greater distance thm
 * lmrd·undes: this section may be served- by anyone duly author

MERGE AND TRADE § 2,% I- one hundred nailes from thegplace of holding the eazne without r the permission ot the trial conrt being nret had upon proper n application and canoe shown. (Oct, 15, 1914, c, S23;} 13, 38 e sm; vac.) - Q s · 24.2 Liability of directors and agents of corporation.~—¥`\¤'lzeny ever a corporation s&ll violate any of the penal provisions of y the antitrust lawn, such violation shall be deemed to be also e that of me individual directors, o&cers, or agents of such corl— poration who shall have authorized, ordered, or done any; of r the acts constituting in .whole”or inf part auch violation, and e such violation shall be deemed a misdemeanor, and upon cone eviction therefor of any such director, omcer, or agent he shgall »— be punished by a Hne of not exceeding $5,000 or by iznprisoni- »· ment for not exceeding one year, or byeboth, in the diecrction of r. the court. .· (Oct. 15, 1914, c. 323, § 14, 38 Stat. 736.) »_ · ‘ ` tl_ `Z5. Restraining violations; proccdure,——·Tl1c several dist riot n- court; `of the United _ States are invested with jurisdiction to u prevent and restrain violations of sections 12 to 27, inclusive, n- of this chapter, and it shall be the duty of the several district c attorneys of the United States, lnthelr respective districts, u under the direction of the Attorney General, to institute proe. cecdingg in equity topreventand restrain euch_violationaQ Such I. proc€¢d¥¤S`S may be by way ot petitionlectting forth the case ·- e and praying that auch violation ®all. be enjoined or otherwise n- prohibited; When 2 the parties complained of shall have been ne duly, nodded of auch petition, the court shall proceed, as noon e as may be, to the hearing and determination ot the caae { and, »~‘ pending such, petition, and before Baal decree, the court may at any time make such temporary restraining order or prohibi-‘ ll _ tion aashall be deemed just in the prexnlswp Whenever it shall n appear to the court before which any auch proceeding may be pending that the endo of juxlce require that other- parties e should be brought before the court, the court may cause them 1 to be summoned whether they reside in the district in whichr `tbecourt ala held or not, and eubpmnae to that end may be Ll served in any district by tue marshal thereot. (Oct. 15, 1914., y c._ 323, { 15, 88 Stat.  ’ -,   ., O 26. injunctive relief for private parties; exception.---Any r person, arm, corporation, or association shall be entitled to sue ` r-· O for and have lnjunctiverelief, in any court of tbellnited States a having ‘jurlm.liction over the parties, against threatened lose or e damage bi A violation or the `antitruatg laws, including notions r 13. 14, 18, and 19 of this chapter, wbeuand under the nance cone· `dltiona and princlplea as injunctive relief , against threatenm e conduct that will cause loca or damage is granted by courts or g equity, under the mlm gorerning auch proceedings, and nylon e the execution of proper bond against damages for an injuncy tion.ltnD1'0*.*identI”y   and a Showing that the danger of a irreparable loca or damage is lxnmediatega preliminary lnjuncg e  tionitnay issue: _Proe¢4cd,aThatcaQ§¥3§§a herein. contained shall c, be construed to entitle any, person, Erm, corporation, or aseog nl clat.lon,_ except the United? States, to bring suit in equity for l, injunctive relief against any common carrier subject to the (provisions of chapter 1 of Title 49; Tnanoronrarron, ln. respect n,·_ of any matter subject to the regulation, enpervision, or other ot jurisdiction of the Interatate—Commerce Commission. _ (Oct. 15; u 1914, c. 323, { 16,38 *Stat..'{37.) _ E al 27. EEect of - partial invalidity.-—-·Ifx any clause, aentcucc, o paragraph, or part of eectiona 12 ,to 27, l¤i:lusive,` of this chap- `tent”jurladlction.to be°inraIld, such judgment shall not ancct, n impair, or invalidate the remainder thereof, but ahall be coal ea hned in its operation to the clause, sentence, parograpln, or part on thereof directly involved ln the controversy in which auch j ud:;— ‘ u ment shall have been rendcrcclp (Oct. 15, 1914, c. 323, § ::6, _ e 88 Stat, 740.) · it “O U _ " a 28. Suits `againat monopolies expedited.—-»In any suit Vin c K equity brought ln any district court of the *Uni»tod Staten under q acotiona 1_.to° 7, inclusive, or section 15 ot this chapter or any
 * • ter ehall, for any reason, be adjudged, by any court or compo-