Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-01-23

sion, facilities or service in respect to
| the transportation of any property in
Interstate or foreign commerce by any
common carrier subject to said act
whereby any such property shall by
| any device whatever be transported at
| a less rate than that named in the tar
| ifs published and filed by such carrier
as is required by said act to regulate
! commerce, or shall receive any adj
| vantage by way of facilities or service,
shall be deemed guilty of a misde-
meanor and shall upon conviction
thereof be subject to a fine of not less
| than $1,000.
| Section 6-sThat no corporation engaged
| in the production, manufacture or sale of
any article of commerce violating any of
| the provisions of Section of this act or
| attempting to monopolize or control the
! production manufacture or sale thereof
| in any particular locality by discrimina-
! ton in prices or by giving special privi-
! leges or rebates or otherwise, in order to
destroy competition therein in such local
ity, shall use, either directly or Indirect
| ly, any of the facilities or instrumental
ties OF interstate commerce or in any way
engage in interstate commerce for the
purpose of aiding or facilitating, either
directly or indirectly, such production,
manufacture or sale with such intent, nor
shali any other person or corporation Use
any Of the facilities or instrumentalities
of interstate commerce, or In any way en-
gage in interstate commerce, in buying,
selling, or disposing Of amy such article
of commerce for the purpose of enabling
such first mentioned corporation to en-
gage OF to continue to engage in such pro-
duction, manufacture or sale or control
with such intent. Every corporation or
section shall be punished, on conviction,
by fine of not less than five hundred and
not exceeding five thousand dollars.
Section THAT any common carrier,
lessee, trustee, receiver, or transportation
company enga ged in interstate commerce
now subject to the provisions of said act
to regulate commerce knowingly trans
porting any property. produced, manufac-
tured or sold in violation of the provis-
ions of this act, or in violation of the
provisions of An Act to Protect Trade
and Menopolies, approved July 2, 1880, in
interstate commerce, shall be subject to a
penalty of not less than one thousand dol
lars. to be recovered by the United States
in any court of the United States having
jurisdiction thereof, which suit may be
brought in any district in which such
common carrier lessee trustee. or receiv-
er, or transportation company has an Of
flee or conducts business.
Section 8.-That in all prosecutions,
hearings and proceedings under the pro-
ions of an act to protect trade and COM
merce against unlawful restraint and
monopolies approved July 2, 1880, whether
civil OF. criminal. no person shall, be ex-
cused from extending and teStifying, or
from producing books. papers, contracts.
agreements and documents before the
courts of the United States or the COM
misSioners thereof, or the interstate COM
merce commission, or In obedience to the
subpoena OF the same. on the ground or
for the reason that the testimony or evil
dence documentary or otherwise, requir-
ed of him may tend to incriminate him
or subject him to penalty, or forfeiture;
but no person shall be prosecuted or sub |
iected to any penalty or forfeiture for or
thing concerning which he may testify
or produce evidence, documentary or 9TH
erwise, before said courts. commissioners
or commission, or i'll obedience to the sub
poena of either of them, in any such case
or proceeding.
Testimony of witnesses under the pro-
visions of the act to regulate interstate
commerce and amendments thereof, and
of this act before said commissions or any
member thereof. shall be on oath, and
either of the members of said commission
may administer oathS and affirmations
and sign subpoenas.
Section 9.-That the several circuit
courts of the United States are hereby
invested with Jurisdiction to prevent and
restrain the violation of any of the provis-
ions of this act. 1t shall be the duty Of
the several district attorneys of the Unit
ed states in their respective districts I'M
der the direction of the attorney general
to institute proceedings in equity 10 pre-
vent and restrain the several acts herein
forbidden. Such proceedings may be by
way OF petition setting forth the case and
praying that the acts hereby made unlaw-
full shall be onjoined or otherwise pro-
hibited. When the parties complained OIL
shall be duly notified of such petition, the
court shall proceed soon as may be To
the hearing and determination of the case
and upon such petition and before final
decree the court may at any time make
such temporary restraining order or pro-
hibit as shall be deemed just
Section 1O.--That whenever 1t shall ap
pear TO the court before which any pro-
ceedngs under this act shall be pending
that the ends of justice require that other
parties shall be brought before the court, |
the court may cause them to be summon
ed, whether they reside In the district
where the court is held or not, and sub |
poenas TO that end may be served In any
district by the marshal thereof
Section 11.-That any person or corpor-
alton injured In business or property BY
any other person or corporation by reason
of anything forbidden or declared to be
unlawful by this act, may sue therefor in
| any circuit court of the United States In
| the district in which the defendant or de-
| PENDANTS reside or are found, without re-
spent ito the agent In controversy, and
| shall recover threefo1d the damage sus-
| tanned and the costs of the suit, includ-
| ing a reasonable attorneys fee
Section l2.--That this act shall take eff
| feet May first. 1903
I.