Page:United States Statutes at Large Volume 49 Part 1.djvu/1051

 1006 74TH CONGRESS. SESS. I. CH. 824 . AUGUST 30, 1935. Co nfide ntial na ture Act. No information obtained from a producer disclosing costs of of i nform ation. production or sales realization shall be made public without the consent of the producer from whom the same shall have been obtained, except where such disclosure is warranted by a controversy with th e produc er over any ord er of t he Comm ission a nd exce pt that such information may be compiled in composite form in such manner as shall not be injurious to the interests of any producer and, as so compiled, may be published by the Commission. Punishment for un- (b) Any officer or employee of the Commission or of any district lawfully n divulging in- board w ho shall, in vi olation of the provisi ons of s ubsecti on (a), formatio1 make public any info rmation obtained by t he Commission or the district board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall b e punish ed by a fine no t excee ding $5 00, or b y impri sonment not exc eeding s ix mont hs, or b y both fine an d impris onment, in the discr etio n of the court. Punishment for fail- (c) If any producer required by this Act or the code to file a ure to file required re- por t. report shall fail to do so within the time fixed for filing the same, and such failure shall continue for thirty days after notice of such Forfeiture. default, the producer shall forfeit to the United States the sum of $50 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the producer has his principal Recovery of. office or in any district in which he shall do business. It shall be the duty of the v arious district attorn eys, und er the directio n of th e Attorney General of the United States, to prosecute for the recovery of forfeiture. State laws. SEC. 11 . State laws regulating the mining of coal not inconsistent herewith are not affected by this Act. coal contracted for SEC. pr ior to eff ective da te 12. No coal may be delivered upon a contract made prior to h ereof minimum price. the effective date of this Act at a price below the minimum price at the time of delivery upon such contract, as established pursuant to Part II of section 4 of this Act, and such contract shall be invalid Proviso. and unenforceable : Provided, That this prohibition shall not apply Exem pted co ntract s. ( a) to a lawful and bona fide w ritten c ontract entered into p rior to October 2, 1933 ; nor (b) to a lawful and bona fide written con- tract entered into subsequent to that date and prior to May 27, 1935, at not less than the minimum price current as published under the Code of Fair Competition for the Bituminous Coal Industry, pur- suant to the National Industrial Recovery Act, at the time of making of such contract ; nor (c) to a lawful and bona fide written contract entered into on or after May 27, 1935, and prior to the date of the approval of this Act, at not less than the minimum price for current sale as published under said code of fair competition, as at May 27, 1935 . Unla wful producer SEC. 13. Any combination between producers creating a marketin combinations. agency for the disposal of competitive coals in interstate commerce af pric es to b e determ ined by such a gency or by the agreement of the producers operating through such agency, shall be unlawful as a restraint of interstate trade and commerce within the provisions of C,P Vol. J os9.p. zos; u. S. the Act of Congress of July 2, 1890, known as the Sherman Act, and Acts amendatory and supplemental thereto, unless such marketing agency sha ll have been approved by the Commission as provided in section 4 of this Act. Restriction on coal SEC. 14. (a) No bituminous coal shall be purchased by the United purchases by United states, etc. States, or any department or agency thereof, produced at any mine, where the producer has not complied with the provisions of the code set out in section 4 of this Act.