Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-23

ulate commerce who or which shall offer,
grant, give, solicit, accept or receive, any
rebate. concession, facilities or service in
respect to the transportation OF any prop
erty 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 named in the tariffs published
and filed by such carrier as Is required by
said act to regulate commerce, or shall re-
ceive any advantage by way of facilities or
service, shall be deemed guilty Of a mis-
demeanor. and shall upon conviction there
of be subject to fine of not less than
81 ,OGO.
Monopoly Deprived Of Right to Trade.
"Sec. 9. That 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 at
tempting to monopolize or control the pro-
duction, manufacture or sale thereof In any
particular locality by discrimination in
prices, or by giving special privileges or re-
bates or otherwise. In order to destroy
competition therein in such locality, shall
use, either directly or indirectly, any of the
facilities or instrumentalities of interstate
commerce or in any way engage In inter-
state commerce for the purpose of aiding
or facilitating, either directly or indirectly,
such production, manufacture or sale with
such intent; nor shall any other person or
corporation any of the facilities or in
StrumentalitieS Of interstate commerce, or
In any way engage in interstate commerce,
in buying, selling or disposing of any such
article of commerce for the purpose Of
enabling such aforementioned corporation
to engage or to continue to engage In such
production, manufacture or sale or control
with such intent. Every corporation or
person violating the provisions of this Sec
shall q nuniShpd. conviction.
fine of not less than $500 and not exceeding
$4,000.
Penalty for Violation.
'Sec. Z. That any common carrier, lessee,
trustee, receiver transportation company
engaged in interstate commerce now sub
ject to the provisions of said act to regu-
late commerce knowingly transporting any
property produced, manufactured or sold in
violation of the provisions Of this act, or in
violation of the provisions Of An act to
protect trade and commerce against unlaW-
full restraints and mOnOpolieS,' approved
July 2 $780, in interstate commerce, shall
be subject to a penalty of not less than
81 900, 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 COM
mon carrier lessee, trustee or receiver or
transportation company has an Office or
conducts business.
"Sec. s. That in all prosecutions, hearings
and proceedings under the provisions of this
act, and under the provisions of An act
to protect trade and commerce against I'M
lawful restraints and monopolies,' approved
July 2, 1890, whether civil or criminal, no
person shall be excused from attending and
testifying, or from producing books, papers,
contracts, agreements and documents be-
he limited States
commissioners thereof, or the interstate
commerce 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, required
of him may tend to criminate him or SUBJ
ject him to a penalty or forfeiture; but no
person shall be prosecuted or subjected to
any penalty or forfeiture for or on account
of any transaction, matter or thing con-
corning which he may testify or produce
evidence, documentary or otherwise, before
said courts, commissioners or commission,
or in obedience to the subpoena of either
Of them. in any such case proceeding.
Testimony of witnesses under the pro-
visions of the act to regulate interstate
commerce and amendments thereof, and of
this act, before said commission, any
member thereof, shall be on OATH and
either of the members Of said commission
may administer oaths and aff1rmations and
sign subpoenas
Prosecutions Authorized.
Sec O. That the several circuit courts
of the United States are hereby invested
| with jurisdiction to prevent and restrain
| the violation of any of the provisions of this
act 1t shall be the duty of the several
! district attorneys of the United States in
| their respective districts, under the direc-
| ton of the Attorney General, to institute
proceedings in equity to prevent and re-
strain the several acts herein forbidden.
Such proceedings may be by way of petition
| setting forth the case and praying that the
acts hereby made unlawful shall be en-
joined or otherwise prohibited. When the
parties complained of shall be duly notified
of such petition the court shall proceed as
soon as may be to the hearing and deter
mination of the case, and upon such petition
and before final decree the court may at
any time make such temporary restraining
| order or prohibition as snail be deemed just.
Sec 10. That whenever it shall appear
| to the court before which any proceedings
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 summoned, whether
| they reside in the district where the court
| is held or not, and subpoenas to that end
may be served in any district by the mar
shall thereof.
"Sec. II. That any person or corporation
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 therefor in any circuit court
of the United States in the district in which
the defendant or defendants reside or are
found, without respect to the amount in
controversy, and shall recover threefold
the damages sustained. and the costs of
suit including a reasonable attorneys fee.
Sec. ~. That this act shall take effect
May /, 1893"