dustries of the United States," known as the Dingley Bill (Laws 1897, chap. 11, approved July 24, 1897), Congress expressly retained in full force and virtue the sections of the Wilson Bill (sections 73, 74, 75, 76, and 77) relating to trust agreements entered into by importers, and these sections of the Wilson Bill are still in force. The anti-trust provisions of the Wilson Bill are as follows:

§ 73, Wilson Bill.-Trusts and Monopolies by Importers.— That every combination, conspiracy, trust, agreement, or contract is hereby declared to be contrary to public policy, illegal, and void, when the same is made by or between two or more persons or corporations either of whom is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who is or shall hereafter be engaged in the importation of goods or any commodity from any foreign country in violation of this section of this Act, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and, on conviction thereof in any court of the United States, such person shall be fined in a sum not less than one hundred dollars and not exceeding five thousand dollars, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.

TRUSTS BY IMPORTERS.

305

§ 74, Wilson Bill. Remedy - Injunction, Jurisdiction of Federal Court. That the several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of section seventy-three of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petitions setting forth the case and praying that such violations shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.

§ 75, Wilson Bill. Additional Parties may be Brought in.That whenever it shall appear to the court before which any proceeding under the seventy-fourth section of this Act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof.

§ 76, Wilson Bill.-Trust Property, when Confiscated.That any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section seventythree of this Act, and being in the course of transpor

tation from one State to another, or to or from a Territory, or the District of Columbia, 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.

§ 77, Wilson Bill. Suit by Injured Parties - Treble Damages. That any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this Act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.

Wilson Bill Continued by Dingley Bill. Section 34 of the Dingley Bill (Laws 1897, chap. 11) continues in force the antitrust provisions of the Wilson Bill, by the following proviso:

And provided further, That nothing in this Act shall be construed to repeal or in any manner affect the sections numbered seventy-three, seventy-four, seventyfive, seventy-six, and seventy-seven of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," which became a law on the twenty-eighth (should be twenty-seventh) day of August, eighteen hundred and ninety-four. (Dingley Bill, § 34, approved July 24, 1897.)

CHAPTER IV.

BUREAU OF CORPORATIONS.

The Act Creating Bureau of Corporations and Authorizing Publicity with Regard to the Business and Management of Corporations. Entitled An Act to Establish the Department of Commerce and Labor. Laws 1903, Chap. 552. Approved February 14, 1903.

In order to secure reasonable publicity in regard to the management and business of corporations engaged in interstate commerce, except carriers under the Interstate Commerce Act, and as a supplement to the Sherman Anti-Trust Law, Congress, by the Act entitled "An Act to establish the Department of Commerce and Labor" (Statutes, chap. 552), approved February 14, 1903, placed such business and manufacturing corporations, and joint stock companies or associations under the supervision of an officer designated the Commissioner of Corporations. The Act confers upon the Commissioner powers analogous to those exercised by the Interstate Commerce Commission with respect to corporations engaged as common carriers of interstate commerce. This Bureau and its Commissioner are under the jurisdiction and control of the Secretary of Commerce and Labor. The statute creating this Bureau and the officers having charge of its business (section 6), provides as follows:

That there shall

Bureau of Corporations Its Officers. be in the Department of Commerce and Labor a bureau to be called the Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in said bureau a deputy commissioner who shall receive a salary of three thousand five hundred dollars per annum and who shall

in the absence of the Commissioner act as, and perform the duties of, the Commissioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said bureau a chief clerk and such special agents, clerks, and other employees as may be authorized by law. (Commerce and Labor Act of February 14, 1903, § 6.)

The said Com

Power of Commissioner of Corporations. missioner shall have power and authority to make, under the direction and control of the Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and management of the business of any corporation, joint stock company or corporate combination engaged in commerce among the several States and with foreign nations excepting common carriers subject to "An act to regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained or as much thereof as the President may direct shall be made public. (Commerce and Labor Act of February 14, 1903, § 6.)

Powers Same as Powers of Interstate Commerce Commission. - In order to accomplish the purposes declared in the foregoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, joint stock com