The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-23
Measure Framed by the House Ju-
Substituted for the Publicity Bill.
LONG AND COMPREHENSIVE
COVERS ALL PHASES OF THE COR
PORATION AND TRUST QUESTIONS.
Provides for Reports Of all "Com-
bines" and Punishment for Every
Ofense Under the Proposed Law.

committee of the House judiciary commit
tee to which all antitrust bills were re-
ferred. tomorrow will report to the full
judiciary committee a bill which has been
drawn UP and adopted by the subcommittee.
Several weeks have been devoted to the
preparation of the bill. The subcommittee
considered some twenty-five or thirty mea-
sures. The bill is offered as a substitute
for the publicity bill introduced by Repre-
sentative Littlefeld at the last session. The
full committee is expected to take the bill
up tomorrow and decide if ii is TO be re-
ported to the House as now framed The
text of the bill follows.
"A bill requiring corporations engaged in
interstate-commerce to make returns. pro-
hibiting rebates and determinations the
of interstate commerce in attempts to
destroy competition and for other purposes.
BE 1t enacted. etc. that every corpora
ton which may be hereafter organized
SHALL at the time OF engaging in interstate
or foreign commerce, file the return heren-
after provided for. and every corporation,
whenever organized and engaged in inter-
state or foreign commerce. shall file re-
| turn with the 1nterstate-commerce Com
mission for the year ending Dec. 81, when
ever and at such time as required by said
| commission, stating it's name, date OF or
| ganization, where and when organized, Civ
| ing statutes under which IL is organized
| and giving amendments thereof; IL consol-
| idated, naming constituent companies and
| where and when organized. with the same
| information to such constituent compa-
MES. far as applicable as is herein re-
| CURED OF such corporations; il reoIganized,
name of original corporation or corpora
| tons, with full reference to laws under
which all the reorganizations have taken
place, with the same information as TO all
| prior companies In the chain OF reorganiza-
| ton, so far as applicable. as Is herein re-
quired of such corporation; amount of au-
thorized capital stock, shares into which il
| is divided, par value. whether common or
preferred, and distinction between each Of
the amount issued and outstanding: amount
| paid in; how much. if any, paid In cash,
and how much, II any, in property: IL any
| part in property, describing in detail the
| kind and character and location. with its
cash market value at the time IL was re-
| ceived in payment, giving the elements
| upon which said market value is based, and
especially whether in whole or in part upon
the capitalization of earnings. earning ca
pacity, or economics, with the date and
| the cash price paid therefor at its last
sale; the name and address of each officer
| managing agent and director; true and
correct copy OF any and all rules, regula-
| tons and bylaws adopted for the manage
ment and control of its business and the
direction of its officers, managing agents
| and directors.
OLD ACT TO BE ENFORCED.
Nothing herein contained shall be con-
strued relieving any corporation from
making in addition to the foregoing, such
returns as now required by the Act to
regulate commerce. approved Feb 4, 1887,
and all amendments thereof but the pro-
visions of this act to signing and making
oath to returns and making answers on
| oath to written inquiries, shall be applica-
BILE to returns and such ansx ers made under
said act and amendments thereof So far
as any return may be a duplicate of one
already filed that fact may be stated. and
| Gates, need not be repeated. Upon its being
made to appear 10 the satisfaction OF the
commission that without fault on its part
II is impracticable for such corporation to
furnish any of the items aforesaid, IL may.
by a written order of said commission be
excused from furnishing such item or
items.
said commission shall cause to be pre-
pared blank return for the use OF such
corporations, containing the foregoing re-
Quirement, and shall make such rules and
regulations as may within its judgment be
necessary to carry out the purposes Of this
act. The president. treasurer and ma
1orfty OF the directors OF such corporation
shall make oath in writing on said return
that said return Is true. The treasurer or
other officers of such corporation having
the requisite knowledge shall answer on
oath all inquiries that may be made in
writing on the direction OF said committee
In relation to said return. Any corporation
failing to make such return, or whose
treasurer or other officer shall fail to make
the answers aforesaid may be restrained
on the suit OF the United States from en-
gagfng in interstate commerce until such
return Is made. Suit may be brought In
any district of the United States at the
election OF the attorney general.
PERJURY TO BE PUNISHED.
Section 2 That whoever knowingly
swears to a return that is false in any
material particular. knowingly swears
to an answer to any such inquiry that is
false In any material particular. shall be
deemed guilty of perjury and punished as
| led L.. n
Statutes of the United States Whoever
shall knowingly prepare or cause to be
prepared a return or answer that is false
as aforesaid. shall be deemed guilty OF
subornation Of perjury and punished as
aforesaid.
Sec. 3. That Il shall De the duty of said
commission TO cause to be prepared and
published on or before the first day OF June
In each year a list OF all corporations. maxi
ing returns with an abstract OF such re-
turns Tor free distribution In such num-
Der as said commission may deem necessary
to meet any reasonable and proper demand
therefor, 10 be distributed under the direc-
ton of the commission.
Sec. T. That said commission shall have
the same authority TO inquire into the
management OF the business OF said cor
porations relating TO interstate and for
eign commerce, In the same manner and
10 the same extent. with the same power
TO compel the attendance and the giving OF
testimony by witnesses and the production
OF books. papers. contracts and agree
, ments, as is provided In An act TO regulate
commerce. approved Feb. 4. 1857, and all
amendments thereof Said commission may
: employ such agents and clerks as IN its
, Judgment may be necessary for properly
. executing the provisions OF this act Said
commission shall make annual report TO
the President, containing, among other
} things. such specific recommendations for
additional legislation as IL may deem neces-
sary. Any person who shall neglect or
refuse TO make returns, attend and testify
or answer any lawful inquiry hereinbefore
provided for, or produce books. papers.
contracts, agreements and documents IL In
his custody. control or power TO do so. In
obedience 10 the subpoena lawful re-
quirements or the commission. shall be
deemed guilty OF an offense against the
{ United States, and upon conviction thereof
2 by court OF competent jurisdiction shall
7 be punished by fine OF not less than So
nor more than 5000.
! NO REBATES OR CONCESSIONS.
Sec 5. That any person. carrier. lessee
, trustee. receiver. officer. agent or repre-.
: sentative OF carrier subject TO the act &C
| regulate commerce who or which shall
: offer. grant, give. solicit. accept or receivs
any rebate, concession. facilities or service
s In respect 70 the transportation OF any
D | property in interstate or foreign commerce
by any common carrier subject TO said ac
whereby any such property shall by any
a device whatever be transported at a lexl
a rate than that named In the tariffs pub
= | lished and filed by such carrier as Is re-