Page:United States Statutes at Large Volume 48 Part 1.djvu/1240

 1214 Voting. Dividends. Products of nonmem- bers. Association restrain- ing trade in interstate or foreign commerce. Service of complaint . Notice of hearing. Evidence at hearing. Cea se and desist order. Petition asking en- forcement. Jurisdiction of dis- trict courts. Evidence. Enforcement of order. Tempo rary wri t en- joining violation of order. Pe rmanent inj unc- tion. Service of complaint. 73d C ONGRESS. SESS. II. CH. 742. JUNE 25, 1934. First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein ; or Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. and in any case to the following : Third. That the association shall not deal in the products of non- members to an amount greater in value than such as are handled by it for members. SEC. 2. That if the Secretary of Commerce shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the p rice of any aquatic product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearin g shall be taken under such rules and regulations as the Secre- tary of Commerce may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of Commerce shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced thereby, he shall issue and cause to be served upo n the associat ion an order reciting the facts found by him, directing such association to cease and d esist from m onopo lizati on or restraint of trade. On the reques t of su ch ass ociatio n or if such associa tion fa ils or neglec ts for thirty days to obey such order, the Secretary of Commerce shall file in the distri ct cou rt in t he judi cial d istrict in whi ch suc h assoc iation has it s princ ipal p lace of busine ss a c ertifie d copy of the order and of all the records in the proceedings together with a petition asking that the order be enforced and shall give notice to the Attorney General and to said association of such filing. Such district court shall there- upon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The pla ce of trial ma y, for cause or by consent of parties, be changed as in other causes. The facts found by the Secret ary of Commerc e and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce a dditional evi dence. The Dep artm ent of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein, the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court shall, upon conclusion of its hearing, enforce its decre e by a perma nent injunc tion o r othe r app ropria te remedy. Service of such complaint and of all notices may be made upon such association by service upon any officer, or agent thereof, engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association and such service shall be binding upon such association, the officers and members thereof . Approved, June 25, 1934.