Page:United States Statutes at Large Volume 49 Part 1.djvu/902

 74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935 . 857 information to serve as a basis for recommending further legislation concerning the matters to which this Act relates. The Com mission ma y permit any pers on to file with i t a statement in writing under oath or otherwise, as it shall determine, as to any or all facts and circ umstances concernin g a matter which ma y be the s ubject of i nvest igatio n. The Commission, in its discretion, may publish or make available to State commissions information concerning any such subject. "(b) For the purpose of any investiga tion or any othe r proceed- ing under this Act, any member of the Commission, or any officer designated by it, is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, mem- o rand a, co ntra cts, agr eemen ts, or o ther reco rds whic h the Com mis- sion finds relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States at any designated place of hearing. Witnesses summoned by the Commission to appear before it sha ll be paid the sa me fees and milea ge that are paid witnesses in the courts of the United States . "( c) In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the Un ited States withi n the jurisdictio n of which such i nvestiga- tion 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, contracts, agreements, and other records. Su ch court may is sue an order requ iring such person to appear before the Com- mission 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 is an inhabitant or wherever he may be found or may be doing business. Any person who willfully shall fail or refuse to attend and testify or to answer any lawful inquiry or to prod uce books, papers, correspondence, memoranda, contr acts, agreements, or other records, if in his or its power so to do, in obedi- ence to the subpena of the Commission, shall be guilty of a mis- demeanor 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. "(d) Th e testimony of an y witness may be taken, at the in stance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after the proceeding is at issue . The Commission may also orde r t esti mony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation . Such depositions may be taken before any person authorized to administer oaths not being of counsel or attorney to either o f the parties, nor interested in the proceeding or investigation . Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition . Any person may be compe lled to ap pear and d epose, an d to produ ce docume ntary evidence, in the s ame manner as witne sses may b e compell ed to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. Such testimony shall be Fi ling of st ateme nts. Public ation of i nfor- mation. Powers of Commis- sion in connection with. Contumacious wi t- nesses ; recourse of Com- mi ssion to c ourts. Penalty provision. Depositions. N otice requ ired.