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under and in compliance with the rules and regulations of the Secretary of Agriculture, made and promulgated in pursuance of the provisions of section three of this Act; but it shall be unlawful to move, or to allow to be moved, any cattle or other live stock from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture.

Act March 3, 1905, c. 1496, § 4, 33 Stat. 1265.

Violations of the provisions of this section are made punishable by section 6 of this act, set forth below.

Assaulting, resisting, etc., officer or employé of Bureau of Animal Industry in execution of his duties, and using dangerous or deadly weapon in resisting him, etc.; penalties.

Sec. 5. That every person who forcibly assaults, resists, opposes, prevents, impedes, or interferes with any officer or employee of the Bureau of Animal Industry of the United States Department of Agriculture in the execution of his duties, or on account of the execution of his duties, shall be fined not less than one hundred dollars nor more than one thousand dollars, or be imprisoned not less than one month nor more than one year, or by both such fine and imprisonment; and every person who discharges any deadly weapon at any officer or employee of the Bureau of Animal Industry of the United States Department of Agriculture, or uses any dangerous or deadly weapon in resisting him in the execution of his duties, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duties, or on account of the performance of his duties, shall, upon conviction, be imprisoned at hard labor for a term not more than five years or fined not to exceed one thousand dollars.

Act March 3, 1905, c. 1496, § 5, 33 Stat. 1265.

Violations of provisions of sections 2 or 4 of act; penalty.

Sec. 6. That any person, company, or corporation violating the provisions of sections two or four of this Act shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not more than one year, or by both such fine and imprisonment.

Act March 3, 1905, c. 1496, § 6, 33 Stat. 1265.

[CHAPTER SIX.]

[Prohibition of Stamp on Gold or Silver Indicating Government Certification to Fineness or Quality.]

ACT FEB. 21, 1905, c. 720. [H. R. 15578.]

An Act to Prevent the Use of Devices Calculated to Convey the Impression that the United States Government Certifies to the Quality of Gold or Silver Used in the Arts. (33 Stat. 732.)

Stamping gold, silver, etc., used in interstate or foreign commerce, with words "United States assay," or otherwise, to convey impression that the Government has certified to the fineness or quality thereof.

Be it enacted, &c., That it shall be unlawful for any person, partnership, association, or corporation engaged in commerce among the several States, Territories, District of Columbia, and possessions of the United States, or with any foreign country, to stamp any gold, silver, or goods manufactured therefrom, and which are intended and used in such commerce, with the words "United States assay," or with any words, phrases, or devices calculated to convey the impression that the United States Government has certified to the fineness or quality of such gold or silver, or of the gold or silver contained in any of the goods manufactured therefrom. Each and every such stamp shall constitute a separate offense.

Act Feb. 21, 1905, c. 720, § 1, 33 Stat. 732.

Violations of provisions of act; penalty.

Sec. 2. That every person, partnership, association, or corporation violating the provisions of this Act, and every officer, director, or managing agent of such partnership, association, or corporation having knowledge of such violation and directly participating in such violation or consenting thereto, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished with a fine of not more than five thousand dollars or imprisonment for not more than one year, or both, at the discretion of the court.

Act Feb. 21, 1905, c. 720, § 2, 33 Stat. 732.

Forfeiture of gold, silver, or goods, bearing stamps, etc., prohibited, in course of transportation between states, etc.

Sec. 3. That any gold, silver, or goods manufactured therefrom after the date of the passage of this Act, bearing any of the stamps, words, phrases, or devices prohibited to be used under section one hereof, and being in the course of transportation from one State to another, or to or from a Territory, the District of Columbia, or possessions of the United States, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.

Act Feb. 21, 1905, c. 720, § 3, 33 Stat. 732.

[TITLE LVI B.]

[MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE.]

ACT JULY 2, 1890, c. 647, §§ 1, 4.

Trusts, etc., in restraint of trade, etc., illegal; persons combining guilty of misdemeanor; penalty.

An appropriation to enforce the provisions of this act is made by Act Feb. 25, 1903, c. 755, § 1, set forth ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1. Said act also provides that no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under this act, but that no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.

The balance of the appropriation made by said Act Feb. 25, 1903, c. 755, § 1, to enforce the provisions of this act, is made available during the next following fiscal years 1905 and 1906, by provisions of the sundry civil appropriation acts for those years, Act April 28, 1904, c. 1762, § 1, and Act March 3, 1905, c. 1483, § 1, also set forth ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1.

The deficiency appropriation act for the fiscal year ending June 30, 1903, and prior years, being Act March 3, 1903, c. 1006, set forth ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1, provides that an assistant to the Attorney-General and an Assistant Attorney-General and two confidential clerks may be appointed at salaries of $7,500, $5,000, and $1,600, respectively, per annum, said salaries to be paid out of the appropriation made by said Act Feb. 25, 1903, c. 755, § 1, referred to above.

Jurisdiction of courts; duty of district attorneys; procedure;

hearing.

Suits in equity, brought in the circuit court, under the provisions of this act, wherein the United States is complainant, shall, if the AttorneyGeneral files with the clerk of such court a certificate that the case is of general public importance, be given precedence over other suits, and shall be assigned for hearing at the earliest practicable date, before not less than three of the circuit judges of the proper circuit, if there are three or more judges, or if there are not more than two circuit judges then before them and a district judge, by Act Feb. 11, 1903, c. 544, set forth below.

Said act also provides that if the judges sitting in such case shall be divided in opinion the case shall be certified to the Supreme Court for review. Said act also makes provisions for appeals from the final decree of the circuit court direct to the Supreme Court.

ACT AUG. 27, 1894, c. 349, § 73.

Trusts, etc., in restraint of import trade, illegal, etc.; persons combining guilty of misdemeanor; penalty.

The legislative, executive, and judicial appropriation act for the fiscal

year ending June 30, 1904, Act Feb. 25, 1903, c. 755, § 1, set forth ante. under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1, makes an appropriation of $500,000 for the payment of the expenses of the enforcement of this act, and provides that no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under this act, but that no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.

The balance of the appropriation made by said Act Feb. 25, 1903, c. 755. § 1, to enforce the provisions of this act, is made available during the next following fiscal years 1905 and 1906, by provisions of the sundry civil appropriation acts for those years, Act April 28, 1904, c. 1762, § 1, and Act March 3, 1905, c. 1483, § 1, also set forth ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1.

The deficiency appropriation act for the fiscal year ending June 30, 1903, and prior years, Act March 3, 1903, c. 1006, set forth ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1, authorizes the appointment of an assistant to the Attorney-General, and an assistant Attorney-General and two confidential clerks, at a compensation of $7,500, $5,000, and $1,600 respectively, per annum, said compensation to be paid from the appropriation made by said Act Feb. 25, 1903, c. 755, § 1, referred to above.

ACT FEB. 11, 1903, c. 544.

An Act To Expedite the Hearing and Determination of Suits in Equity Pending or Hereafter Brought Under the Act of July Second, Eighteen Hundred and Ninety, Entitled "An Act to Protect Trade and Commerce Against Unlawful Restraints and Monopolies," "An Act to Regulate Commerce," Approved February Fourth, Eighteen Hundred and Eighty-Seven, or any Other Acts Having a Like Purpose That May be Hereafter Enacted. (32 Stat. 823.)

Precedence of hearing of suits arising under Act Feb. 4, 1887, c. 104, and Act July 2, 1890, c. 647; certificate by Attorney-General; composition of court; review by Supreme Court.

Be it enacted, &c., That in any suit in equity pending or hereafter brought in any circuit court of the United States under the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said circuit, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select. In the event the judges sitting in such case shall be

divided in opinion, the case shall be certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided.

Act Feb. 11, 1903, c. 544, § 1, 32 Stat. 823.

The acts referred to in this section are Act Feb. 4, 1887, c. 104, set forth, as amended by Act March 2, 1889, c. 382, Act Feb. 10, 1891, c. 128, and Act Feb. 8, 1895, c. 61, in Comp. St. 1901, pp. 3154-3171, and Act July 2, 1890, c. 647, set forth in Comp. St. 1901, pp. 3200-3202. The provisions of this act are made applicable to proceedings instituted under the direction of the Attorney-General in the name of the Interstate Commerce Commission by Act Feb. 19, 1903, c. 708, § 3, ante, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1. Appeals to Supreme Court.

Sec. 2. That in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.

Act Feb. 11, 1903, c. 544, § 2, 32 Stat. 823.
See note under preceding section of this act.

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