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[REFERENCES ARE to pages.]

right covers all violations of Anti-trust laws .....

Sherman Law provision for triple damages re-enacted
extent of actionable injuries enlarged

PAGE

125

126

127

.125, 126

126

127

liability for damages accruing under "unfair methods" de-
clared illegal by Trade Commission act, considered
presents question for Supreme Court

definition of "person" in Clayton Law

....

right to litigate before alleged violation has been adjudged
illegal by the Trade Commission, considered .............127, 128
final decrees in proceedings by government, prima facie evidence

provision as to venue ...

procedure of service discussed

service of subpœnas .....

attendance of witnesses, considered

Anti-trust actions semi-public matters

128

.128, 129

129

129

.129, 130

.129, 130

DEALERS IN SECURITIES AND SUPPLIES: See BANKS;
COMPETITION; COMPETITIVE BIDDING; COMMON Carriers.

regulation of relations with common carriers under Section
10 of Clayton bill considered, and occasion for require-
ments stated ..... .......53, 54, 55, 65, 66, 67, 138, 139, 140, 266, 267

DEBATES IN CONGRESS: See SHERMAN Law.

Summary of, connected with passage of Sherman Law .....74, 75, 76
committees' report, containing substance of, upon proposed
supplementary Anti-trust laws, session of 1911-12

304

tentative forms of Sherman Law submitted to the Senate for
the fifty-first session of Congress ..

297

DECREE OF COURT: See COMMISSION Or Board.

Commission may act as master in chancery to report form of
court decree in proceedings by the United States under Anti-
trust acts .....

in suits by United States, shall be prima facie evidence against
defendant in other suits, except consent decrees, etc. ......
Trade Commission may investigate manner of carrying out !..

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statute fixes no time limit for appeal from Commission's
order

.251, 252, 270

DEFENSE:

violation of Sherman Law not a defense to suit for infringe-
ment of patent rights

190

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DEFINITIONS OF TERMS: See TERMS, DEFINITIONS OF;

DEFINITIONS.

DEFINITIONS: See TERMS, DEFINITIONS OF.

acts to regulate commerce

Anti-trust laws (see Anti-trust Laws)

associations (see Associations)

commerce (see Commerce)

......

Anti-trust definitions of commerce, compared
corporations (see Corporations)

......

documentary evidence (see Documentary Evidence)
partnerships:

excepted from definition of corporations

subject to Section 5 Trade Commission Law
person or persons (see Person or Persons) ..
person, in Clayton Law ....

person, in Anti-trust laws

.....

corporation in Anti-trust laws

definitions compared

monopoly, defined by Senate committee

monopoly, judicially defined

competition, judicially defined

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249

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248

248

249

..260, 281

127

.96, 106, 115, 116

96

96, 97

76

15

1

.144, 266

132

172

177

207

17

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Federal Trade Commission defined as "a commercial police"

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DIRECTORS: See BANKS; INTERLOCKING DIRECTORS; COMMON
CARRIERS; Corporations.

with officers and agents, are personally liable for corporate
crimes in which they participate

......

256

256

256

241

26

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embezzlement of property of common carrier by, a felony
nature, extent and purpose of provision, discussed .......144, 145, 146

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DIRECTORS, OFFICERS AND AGENTS OF CORPORA-
TION CONSENTING TO VIOLATION OF PENAL
PROVISIONS OF ANTI-TRUST LAWS: See DIREC-
TORS; ANTI-TRUST LAWS; CRIMES.
are individually guilty of misdemeanor

....

DISCRETION: See COMMISSION OR BOARD; FEDERAL TRADE
COMMISSION.

PAGE

271

right of Commission to exercise as to instituting of proceed-
ings under Section 5 of Trade Commission act
under provisions of Section 11 of Clayton Law, the person ag-
grieved is in effect the moving party

39

......

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mandamus to compel Commission or board to exercise its
DISCRIMINATION IN PRICE:

unlawful when effect may be to substantially lessen competi-

tion or tend to create monopoly ....

permitted when on account of differences in grade, quality or
quantity sold, or because of difference in cost of selling or
transportation, or when made to meet competition ....

persons may select their own customers when not in restraint
of trade ....

260

260

260

decision in first Clayton Law case, passes upon question of .28, 193, 194
DISTRICT ATTORNEYS OF UNITED STATES: See IN-

JUNCTION.

duty, under direction of attorney general to enforce Sections
2, 3, 7, and 8, and other provisions of Clayton Law
may conduct contempt proceedings

DISTRICT Courts of UNITED STATES: See INJUNC-

TION.

jurisdiction to restrain violations of Clayton, Sherman and

Wilson Laws

......

may require other parties summoned

crimes form basis for contempt proceedings

272

276

.272, 280, 282

.272, 280, 283

275

violations of orders entered in suits by United States basis

for contempt proceedings under Clayton Law

....

.277, 278

procedure in contempt cases

.276, 277

may refer suit by government to Federal Trade Commission
as master in chancery to report form of decree
may enforce Trade Commission Act by mandamus

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may punish by contempt failure to obey order requiring testi-

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DISTRICT OF COLUMBIA, COURT OF:

wilful disobedience of any order, etc., a contempt

275

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DOCUMENTARY EVIDENCE: See EVIDENCE.

.......

defined to include all papers, etc., in existence at time and after
passage of Trade Commission Act
Commission shall have access to documentary evidence of cor-
poration being investigated or proceeded against ...
production of, may be compelled

EDMUNDS, SENATOR:

argument in opposition to amendment exempting labor from
provisions of Sherman Law

ELIGIBILITY OF INTERLOCKING DIRECTORS, OFFI-
CERS OR EMPLOYEES: See INTERLOCKING DIRECTORS.

PAGE

248

255

255

.166, 167

EMBEZZLEMENT: See CRIMES.

statutory definition

266

subject discussed ...

144

such misappropriation of property of common carrier by presi-
dent, director, officer or manager, is a felony

144

nature, extent and purpose of provision, considered.....144, 145, 146

EMPLOYEES: See INTERLOCKING DIRECTORS; BANKS; COM-

MON CARRIERS; CORPORATIONS; CRIMES.

EMPLOYEES AND EMPLOYERS: See LABOR.

ENFORCEMENT: See PROVISIONS FOR ENFORCEMENT.

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Trade Commission may act as master in chancery in ........254, 255
any person may apply for injunctive relief, where violation of
Anti-trust laws is alleged ...

ERROR:

.....

in Section 5, Trade Commission act
EVIDENCE: See DOCUMENTARY EVIDENCE; PRIMA FACIE EVI-

DENCE.

Commission's findings of facts conclusive if supported by testi-
mony,

272

249

.....251, 269

additional evidence may be ordered by court to be taken be-
fore Commission

......251, 269

Commission may require attendance of witnesses and produc-
tion of documentary evidence (Query-has Federal Reserve
Board such power as to enforcement of Trade Commission
or Clayton Law?),-see statutory provisions

.255, 256

[REFERENCES Are to pages.]

PAGE

256

....102, 261

may be ordered taken by deposition (see Forms)
final decree of court in suit by United States prima facie evi-
dence against defendant in other suits
testimony must be taken before Commission or board .....250, 268
query-whether court may hear testimony as to necessity for
adducing additional evidence before Commission or board..251, 269
must be reduced to writing

EXAMINERS:

.....

may prosecute inquiry in any part of United States ...

......

.250, 268

EXCLUSIVE RIGHTS OF INVENTORS AND AUTHORS:

See PATENTS AND COPYRIGHTS.

exclusive rights as distinguished from monopolies

248

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EXEMPTION FROM PROVISIONS OF ANTI-TRUST
LAWS:

agricultural, horticultural and labor organizations and mem-
bers thereof ...

exemptions from provisions of curative statutes strictly con-
strued

.....

EXPEDITION IN THE CIRCUIT COURT OF APPEALS:
See APPEALS; REVIEW; RESUBMISSION TO COMMISSION.
granted to all Commission cases
text of expediting Act of 1910

EXPORT AND IMPORT TRADE: See FOREIGN TRADE.

FALSE TESTIMONY, REPORTS, ETC.:

punishable by fine and imprisonment

....

importance of accuracy in reports, etc., shown

FARMERS EXEMPT:

farmers exempt from provisions of Anti-trust laws

FEDERAL RESERVE BANK:

262

57

.45, 252, 270

.302, 303

257

.135, 136

Class A director of Federal Reserve Board may be officer and
director in one member bank
FEDERAL RESERVE BOARD: See COMMISSION Or Board.

.....

262

...264, 265

for names of members of Board, see

powers peculiar to:

to enforce provisions of Clayton Law applicable to banks..
FEDERAL TRADE COMMISSION: See COMMISSION OR

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235

268

232
.259-278

96

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