Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-23
BILLS INTRODUCED
TO STRENGTHEN
THE SHERMAN
TRUST LAW


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such price on the conditions that the
purchaser should not deal in the goods
Of q competitor Of the seller
Whenever in any civil or criminal
suit brought ON behalf of the govern
ment under the act decree is rem
dered to the effect that a defendant
has entered into a contract, combine
ton IN form Of trust or otherwise, or
conspiracy in restraint Of trade, or
has attempted 60 monopolize, or COM
hine with any person 90 monopolize
any pait Of trade, the bin would pro-
vide that the existence of such sille-
sal contract en- combination or con
spiracy should to the fun extent to
which such decree would constitute
in amy other proceeding an cstoppal
IHs between the government and such
person, constitute against the defen-
dant conclusive evidence Of the same
facts and be conclusive as TO the same
issues of law in favor of any other
party in any other proceeding brought
under or involving the provisions of
the act
In an cases where any person in
iured by any person or corporation
because Of anything forbidden under
the act ana who at the time or prev-
Gus 10 the institution OF a suit by the
United states has cause of action
under the act against defendant in
suit wherein decree has been OBJ
tained the bill would further provide
1 that the statutes Of limitation apple
/ nble In such cases should bc suspend
ed during the tendency Of the suit
and not again become operative un-
/ tn after the date OF the final decree.
ANY person, firm or corporation,
would, under the bill. be entitled to
ask and receive injunctlve relief
against threatened loss by a. Viola
ton OF the act under the same eondi-
tions as njunctive relief is granted
by courts of equity against threatened
damage.
Upon the execution Of proper
bond and a showing that the danger
I eff irreparable loss Is immediate. "a
preliminary injunction is provided for.
In the section of the measure pro-
vidng for publicity of the conditions
surrounding business corporations. de-
spite the fact that there has been
much agitation AGAINST immunity to
+ individuals who might testify or pro-
duce evidence in inquiries conducted
! hy tho commission. immunity IS grant
led TO individuals except for perjury.
There is, however no immunity 10
corporations.
/ ln detail the bin sets forth that the
commission shall require an corpora
ltons engaged in commerce among the
states or with foreign nations. ex-
ecpt common carriers. whether re-
CURED by the general rules and regu-
lations for Information especially ask
cd from time Co time. To furnish TO
the committee information. state
ments and records of their organlza-
ton business, financial condition.
conduct management and relation 10
other companies, at such Time. to such
degrec and extent ana in such form.
as may be prescribed by the commits
sion.
striking at secret sessions of di.
reetorates and other bodies. the bin
directs that the commission shall
have complete access to an records
accounts, minutes, books and papers
Of the corporations, including the rec
ords of any of their executive or other
committees.
Failure or neglect Of corporations
to comply with this requirement after
written demand and within such limo
as the commission shall fix Is made
punishable as "a mAdemeanor with a
fine Of $1,000 "a day upon conviction
The dlstr' courts of tho r-pited
states upon ,ae commissions appliea-
ton alleging a failure Of Witnesses to
respond to subpoenas. or to comph
with any commission order for fur
nishing Of Information viii have mris-
diction to issue writ Of mandamus
20 enforce the commission order and
70 punish the disobedience as In Other
cases Of contempt OF court
10 aid the equity courts the bin
provides as follows: