Page:United States Statutes at Large Volume 48 Part 1.djvu/926

 900 73d C ONGRESS. SESS. II. CH. 404. JUNE 6, 1934 . (b) For the purpose of any such investigation, or any other pro- ceeding under this title, any member of the Commission or any officer Adminis tering oaths ; designated b it is empowered to administer oaths and affirmations, att enda nce of wit - y n e s s e s . subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records which the Commission deems relevant or material to the inquiry. Such attendance of witnesses and the Production of rec- ords,etc . production of any such records may be required from any place in the United States or any State at any designated place of hearing. Compelling attend- (c) In case of contumacy by, or refusal to obey a subpena issued ance, etc. to, a ny person, th e Commission m ay invoke the aid of any c ourt of the United States within the jurisdiction of which such investigation or , proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, Court to obey . order ; refusal and other records. And such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person Penalty. is an inhabitant or wherever he may be found. Any person who shall, without just cause, fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspond- ence, memoranda, and other records, if in his power so to do, in obedience to the subpena of the Commission, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or both. fify i lm atte nding and tes- excused (d) No person shall be excused fro m attending a nd testifying or tng from producing books, papers, contracts, agreements, and other records and documents before the Commission, or in obedience to the subpena of the Commission or any member thereof or any officer desig nated by it, or in any caus e or proceedi ng instituted by the Commission, on the ground that the testimony or evidence, docu- mentary or otherwise, required of him may tend to incriminate him Immunit y ag ain st or subject him to a penalty or forfeiture ; but no individual shall self-incrimination . be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self -incrimi- natio n, to testify or produce ev idence, docum entary or oth erwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Aid of district courts, (e) Whenever it shall appear to the Commission that any person etc., may he invoked to enjoin unlawful a cts. i s engaged or about to engage in any acts or practices which consti- tute or will constitute a violation of the provisions of this title, or of any rule or regulation thereunder, it may in its discretion bring an action in the proper district court of the United States, the Supreme Court of the District of Columbia, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a per manent or temp orary injunct ion or restrai ning order s hall be grant ed without bon d. The Commission may trans- mit such evidence as may be available concerning such acts or prac- tices to the Attorney General, who may, in his discretion, institute the necessary criminal proceedings under this title.