The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-23

or shall receive any advantage by way of
facilities or service shall be deemed guilty
OF misdemeanor and shall upon convic-
ton thereof be subject to fine Of not less
than $1,000.
Sec 6. 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
IN prices or by giving special privileges or
rebates 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 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 use any of the facilities or in
strumentalities of interstate commerce or
in any way engage in interstate commerce
I'm buying, selling or dispOsing of any such
article OF commerce for the purpose of en-
aiding such first mentioned 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
ton shall be punished on conviction by a
fine of not less than $500 and not exceeding
5000.
sec. Z That any common carrier, lessee,
trustee. receiver or 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 sold
I'm violation of the provisions of this act
or In violation OF the provisions OF an act
TO protect trade and commerce against un-
lawful restraints and monopolies ap-
proved July 2. 1890, in insterstate commerce,
shall be subject to penalty Of not less
than 1000. 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 receiver
or transportation company has an office or
conducts business.
DETERMINATION.
"Sec. s. That i'm all prosecutions, hear
ings and proceedings under the provisions
of this act and under the provisions of
AN act to protect trade and commerce
against unlawful restraints and monopo-
les.' approved July 2. 1890. whether civil or
criminal. no person shall be excused from
extending and testifying or from produc-
ing books. papers. contracts. agreements
and documents before the courts of the
United States or the commissioners there
of. or the Interstate-commerce Commits
sion. or in obedience to the subpoenas of
the same on the ground or for the reason
that testimony or evidence, documentary or
otherwise. required of him may tend to
criminate him subject him to a penalty
or forfeiture; but no person shall be prose-
fixture for or on account of any transac-
ton. matter or thing concerning which he
may testify or produce evidence docu-
mentary or otherwise, before said courts
commissioners or commission. or in obedi-
ence to the subpoena Of either of them, in
witnesses. under the provisions of the act
TO regulate interstate commerce and
amendments thereof and of this act be-
fore said commission or any member there
OF shall be on oath and either of the men,
bers Of said commission may administer
oaths and affirmations and sign subpoenas
Sec. 8. That the several Circuit Courts
of the United States are hereby invested
with jurisdiction to prevent and restrain
sions of this act. 1t shall be the
duty of the several district attor-
neys of the United States I'm their re-
spective districts, under the direction OF the
in equity 10 prevent and restrain the sew
eral acts herein forbidden Such proceed
ings may be by way Of petitions setting
hereby made unlawful shall be enjoined or
otherwise prohibited When the parties
complained of shall be duly notified of such
petition the court shall proceed, s
may be. TO the hearing and determination
OF the case, and upon such petition and be-
make such temporary restraining order or
prohibit. as shall be deemed just
SEC. 10. That whenever 1t shall appear
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 thar end
may be served in any district by the mar
shall thereof
''Sec. II. That any person or corporation
injured I'm business property bv anv
other person or corporation by rea SON ~
ANYTHING forbidden or declared To he nm
lawful by this act may sue therefor i'm sny
Circuit Court OF the United States in the
district In which the defendant or defend
ants reside or are found. without respect IN
the amount In controversy. and shall re-
cover three-fold the damages sustained and
the costs of suit. including a reasonable
attorneys fee
.'Sec u. That this act shall take effect
May I. 1909.
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