The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-08-02
TRADE BILL TO PASS
SENATE THIS WEEK
Fifth Section, Relating TO On.
fair Competition, Is Finally
Completed.
LIMITED COURT REVIEW
Cummins's Substitute Is
Adopted by q Vote Of
81 to 25.

wAsHfNGroN. Aug. THE way We
cleared in the Senate to-day for the pas
sage OF the Federal trade commission bill
early next week.
The ffth section OF the bill relating to
unfair competition which has caused so
much talk in the Senate. was finally com
pleted by the adoption of the substitute
offered by Senator Cummins of Iowa,
which provides what has become to he
described by the lawyers Of the Senate as
the limited court review" The vote on
II was 80 to %.
The amendments offered heretofore by
Senator Cumnins relating to interlocking
directors and holding companies were re-
jected on viva voce vote
Senator Reed OF Missouri gave notice
Of the amendment he would offer TO define
unfair competition" which Is made UNI
lawful under section 5 The amendment
was not perfected until to-day and Is a.
follows
The term unfair competition" IL
hereby defined to embrace all those
acts, devices. concealments. threats.
coercions. deceits. frauds false repre-
sentatons ISLANDERS Of business and
all other acts or devices done or used
with the intent TO or which are call
culatcd to destroy or unreasonably
hinder the business OF another or pre-
vent another from engaging in busl-
ness or TO restrain trade to create
monopoly.
The Cummlns substitute is as follows,
section 5--That unfair competition in
commerce is hereby declared unlawful.
The commission shall have authority to
prevent such unfair competition in COM
merce in the manner following. to wit:
/ Whenever 1t shall have reason 10 be-
lcve that any person, partnership or core
poratlon is violating the provisions of this
section 1t shall issue and serve upon the
defendant a complaint stating its charges
In that behalf, and at the same time a
notice Of hearing upon a day and at "A place
1 therein axed
| TIN pcrsUn, partnership or corporation
so complained of shall have tho right to
| appear at the place and time so fixed
and show cause why AN order should not
he entered by the commission requiring
such person. partnership or corporation
to cease and dcslst from the violation of
the law so charged in said complaint.
IF upon such hearing the commission
shall find that the person. partnership or
corporation named in the complaint IL
practising such unfair competition Il shall
thereupon enter It's findings of record and
issue and serve upon the offender an
order requiring that within reasonable
time to be stated in said order that the
offender shall cease and desist from such
unfair competition.
THE commission may at any time set
aside i'm whole or in part or modify It's
findings or order so entered or made.
ANY suit brought by any such person.
partnership or corporation to annul, sus-
pend or set aside, in whole or I'm part,
any such order OF the commission may
, be brought against the mission in
a District Court of the United States in
the judicial district of the residence ~
the person or Of the district in which
the principal officers or place OF bus ness
is located and the procedure set forth In
the act OF Congress making appropriations
to supply urgent deficiencies and INSULT
Cient appropriations for the fiscal year NJ
1913 and for other purposes relating TO
suits brought to suspend or set aside. In
whole or N part, an order for Interstate
Commerce Commission shall apply"
III within the time go fixed in tho
order of the commission the person. part
nership or corporation against which the
order IL made shall not cease and des'st
from such unfair competition and II In tho
meantime such order Is not annulled, sus-
pended or set aside by a court the COM
mission may bring n suit In equity in the
distrlc. court In any district wherein such
person or persons reside or wherein such
! corporation has its principal office or
place Of business TO enforce its said
! order ana jurisdiction IS hereby conferred
upon said court To hear and determine
any such suit and to enforce obedience
! thereto according to the law and rules
J applicable to suits in equity.
"All the provisions of the law relating
; to appeals and advancement for speedy
hearing IN suits brought 10 suspend or
: set aside an order Of the Interstate Com
: mercc Commission shall apply in suits
brought under this section