Page:United States Statutes at Large Volume 44 Part 1.djvu/373

 359 TITLE 15.--—UOML Ayiy memberof the commission may e1g¤‘;ubp¤e¤_¤s, and memmips and examiners of the commiseion. may administer oaths and adirmations, examineiwitnessee, and receive evidence. ° · Such attendance. of witnee8es,Xi1nd.—the  of such elooumentnry evidence, may be .required· from any place "ln the Vnited States, at any designated place of hearing. And ln°`case of disobedience. to a subpoena the commission may‘lnvoke_.tl1t . aid nf any court' of the United States  requiring. the attend m»eo_.and testimony of yvitnesses and the production ·`of"docum•·l1lR1‘y €Vid€IlC£. · - _ " ’ I - _ ‘ · Any of the dlstrictcourts of the United:-States within the jurisdiction of which ·suéh· inquiry is carried on..may, fin case nf oontumacy or refusal toobey a subpmua `lssued to any corpo mtion or other person, issue an order requiring such corporti mm or other person to anpear beforetthe commission, or to pro mae"` documentary evldenceifl so ordered, orto giie evidence , wuelning the matter in question I; and-any failure to obey sucl <»r0f. · ·  E · _ _ 'I `·   I ·. , Upon the application of the Attorney- Generalot `the Unite: .State$, at the requestof the commission, thedlstrict courts; 0 tm- United States shall have jurisdiction to issue 'wrlts of man tlmims commanding ani person or corporation Xto comply wltl the proylsione of this subdivisionof this chapter or anyzordez of the commlseion made in pursuance thereof. .  . ‘ ~, ” The commission may oryder testimony to be taken liydeposl lion in anyproceeding or‘inveetlgution`pending'under this sub division ofvthis cha ter l an etage `of._such fyroceedlng 0* ` inveeuigatl · Such aeposiuoaa m, be taken ’before any perse: uogignated by the commission and hav power to ndmlnlste oaths, Such testimony shall be reduced. t Wfiulig UN PH _ mn taking the deposition, or under his direction, and shall the1 le subscribed by the deponent. Any person may be compe1le< to appear and depose and t0.pr0duce· documentary -evidence-l1 t-hc same, xnannenf as witnesses may be compelled to nppear.au< testify and produce documentary evidence `_before the coininis —lon as hereinbefore provided; _ _ ’ ‘ · _ ` ‘ Witnesses summoned before ·the commission shall be pat the same fees and mileage thatare pald witnesses in the court or the United Statesyand witnesses whose depositions are take uml the persons taking the same shall severally be entitled. t the same fees as are paid for like services in the courto oi th · Fnlted States. ‘ ·.·` » _ I - _ No person shall be excuéed from attending and testifying °o from producing documentary evidence before the commission o in obedience to the subpoena of the commlesion on the groun or for the reason that the. testimony or evidence, uooumentar or otbersvise,.reqnired of hlrn may tend to- crlrnlnatelxlm or sul ject htm to a penalty oo forfeiture; But no` natural- person sha W be prosecuted or subjected to any penalty or forfeiture for o on account of any transaction, matter, or thing concernin wllich be {may testify, or produce evidence, documentary o otherwise, before the commission ln obedience to a eubpoen lasuedby; lt: Provided, That no natural person so testlfyin shall be ekempt from prosecution and punishment for perjur <·<·mmlttcd ln so testifying. (Sept. 26, 1914, c. 311, { 9, 38 Sta 722.). _ ‘ · - ‘ _ 50. Odenaea and penalties.-——-Any giérmn who—shall neglec -or refuee to attendand testify. or to anawert any lawful lx quiryor to produce documentary evidence, lf in his power t doso, in obedience to the subpoena or lawful requirement of th commission, eballbe guilty of an offense and upon eonvletio thereof by a court- of competent jurisdiction ehall be punishe by ‘a une ofenot leaa than $1,000_nor more than §5,000,`or b imprisonment for not more than one year, or by both such nn and imprisonment. `, _ · Any person who"shall willfully make, or cause to be madl _ my false entry or statement of fact in"•ny report required 'I

\ . IERCE AND TRADE  6] · bemade under this subdivision of this chapter, or who shall 1 willfully make, or, cause to be made, any false entry ln any ·-‘account,' record,. or memorandum kept by any corporation sub· I ject to this subdivision of this chapter, or who shall willfully _ e_ neglect or fail to znake, or_,to cause to be made, full, true, and a correct entries in such accounts, records, or mernorandaot all a_ facts and `transactions appertaining to the business of such. 4 corporation; or whoshall willfully remove out of the jurisdic- -‘ tion of ·the..United‘_States, orwillfnlly mntilate, alter, or by any other means falsify any documentary evidence cot. such corpora— 5 tion, or who shall willfully refuse to submit to the commission. a or to any of tts authorized égents, for Tthe purpose of inspee- » ~· tion and taking copies, any documentary evidence of such cor- ? poration in his possession orgwitbin his control, shallebe deemed • guilty `of an offense against the United States, and shall be B subject, upon conviction in any court ot the `United States of 1 competent jurisdiction, to a tine of not less. than $1,600 nor t more than $5,000,. or*to imprisomnentior a term ot- not inore A than three Yenré, or -t0 both such fine and inxprison~ment. ` i _ It any corporation required _.by.. this `subdlvisiono of ·this t. chapter to fnle anynnmial or special report shall fail so`to· do .- within »the‘time ilxed by the commission Iorlnling the.same,‘ lr and such failure shall continue for {thirty Idays after notice r —·ot. such default, the corporation shall forfeit to the United‘· ` Statesthe .sum_ not $100 fer' each and `everyday oi the coni· l ttnuance of such failure, which forfeiture.,shaI1— be payable »· into the Treasury of the United States, andshall bc recoverr_ able in ga. clvtl suit in the name- of the United States brought ¤ in the district where the corporation. hg its-principal owee r or in any district nin whlch nit shall do business It shall be ‘· the duty of.the· various} district attorneys, under the direction n, or the Attorney General of the United States, to prosecute for G the recovery of forteitures. Thefcosts~ and expenses of, such D prosecution shall be paid out. of the` appropriation for the ex- Ll penses of .the courts of the United_States ..o. 1 “ ·‘ s- Any 'omcer or employee ot the commission who shall make - .;. public any information obtained by the commission without rl its authorltyf unless directed by a- court, shall be deemed as gullty ot. a misdemeanor, and, upon conviction thereof, Shall n be punished · by a. dine- not exceeding $5,000,- or by‘ imprison- 0 ment not exceeding one year, or by Hue and imprisonment, in e the. discretion of the court. (Sept. 26, 191,4, c. 311, §` 10, 38 Stat.·723.).· · _·, · ‘ · f  _‘ · »r. 51; _EEect of Ysubdivléion on other statutory provisions.- ·r Nothing contained in this subdivision of this. chapter shall be _ d_ construed to prevent or interfere withthe enforcement of the y provisions of Exe antitrust Acts or the Acts to regulate com- »
 * •· merce, nor'ahall anything contained in said subdivision be con-

II` strued to alter, modlty, or repeal the said antitrust Acts or »r' the Acts to regulate commerce or any part or parts thereof. g (Sept. 26, 191d, c. 311, 5 11, 38aStat. 724.) L ` z" 61.. Export trade; dennitions.-—-The words " export trade " ly whereverused in this subdivision ot this chapterinean solely t., trade or commerce ln goods, wares, or rnerchandise exported, . or in the course of being exported from the United States or. 5t__ any Territorj thereof to any foreign nation; but the words 1¥ {export trade " shall notibe deemed to include the production, n ne the United Staten or* any Territory thereof, of such goods, ·n` _ wares, or merchandise, orany act in the course ot_suclx pro- ~d duction, manufacture, or selling for consumption or for resale. gv “The vords '·"trade within the United States " wherever, me used in this subdivision oithis chapter mean trade or com! merce iunongnthe several States orin any Territory of the _ é, United States, or in the D.istrict'o1' Qolumbiaft or between.any tn •nch.'1‘erritory and another, or between any such Territory
 * I PROMOTION OF EXPORT TRADE
 * o manufacture, or selling for consumption or "for resale, within