« ForrigeFortsett »
PASSED BY SENATE.
SEC. 8. That the commission may from time to time make rules and regulations and classifications of corporations for the purpose of carrying out the provisions of this Act.
The commission may from time to time employ such special attorneys and experts as it may find necessary for the conduct of its work or for proper representation of the public interest in investigations made by it; and the expenses of such employment shall be paid out of the appropriation for the commission.
Any member of the commission may administer oaths and affirmations and sign subpænas.
The commission may also order testimony to be taken by deposition in any proceeding or investigation pending under this act. Such depositions may be taken before any official authorized to take depositions by the Acts to regulate com merce.
Upon the application of the Attorney General of the United States, at the request of the commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof.
fore any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce doumentary evidence before the commission as
as hereinbefore provided.
Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. No
person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpæna of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no natural person shall be prosecuted or 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, before the commission in obedience to a subpæna issued by it: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying
PASSED BY SENATE.
SEC. 10. That upon the direction SEC. 9. The district courts of the SEC. 10. That any person who of the President, the Attorney Gen- United States, upon the application shall neglect or refuse to attend and eral, or either House of Congress the of the commission alleging a failure testify, or to answer any lawful incommission shall investigate and re- by any corporation, or by any of quiry, or to produce documentary port the facts relating to any al- its officers or employees, or by any evidence, if in his power to do so, in leged violations of the anti-trust witness, to comply with any order obedience to the subpæna or lawful acts by any corporation. The re- of the commission for the furnishing requirement of the commission, port of the commission may include of information, shall have juris- shall be guilty of an offense and recommendations for readjustment diction to issue such writs, orders, upon conviction thereof by a court of business in order that the cor- or other process as may be neces- of competent jurisdiction shall be poration investigated may thereaf- sary to enforce any order of the punished by a fine of not less than ter maintain its organization, man- commission and to punish the dis- $1,000 nor' more than $5,000, or agement, and conduct of business obedience thereof.
by imprisonment for not more than in accordance with law. Reports
one year, or by both such fine and made after investigation under this
imprisonment. section may be made public in the discretion of the commission.
SEC. 14. That any person who SEC. 7. Any person who shall Any person who shall willfully shall willfully make any false entry willfully destroy, alter, mutilate, or make, or cause to be made, any or statement in any report required remove out of the jurisdiction of the false entry or statement of fact in to be made under this Act shall be United States or authorize, assist any report required to be made deemed guilty of a misdemeanor, in, or be privy to the willful de- under this Act, or who shall willfully and upon conviction shall be sub- struction, alteration, mutilation, or make, or cause to be made, any false ject to a fine of not more than $5,000, removal out of the jurisdiction of entry in any account, record, or or to imprisonment for not more the United States of any book, let- memorandum kept by any corporathan three years, or both fine and ter, paper, or document containing tion subject to this Act, or who shall mprisonment.
an entry or memorandum relating willfully' neglect or fail to make, or For the purpose of prosecuting to commerce, with the intent to pre- to cause to be made, full, true, and any investigation or proceeding au- vent the production thereof, or who correct entries in such accounts, recthorized by this section the com- shall willfully make any false entry ords, or memoranda of all facts and mission, or its duly authorized relating to commerce in any book of transactions appertaining to the agent or agents, shall at all reason- accounts or record of any trade as- business of such corporation, or who able times have access to, for the sociation, corporate combination, or shall willfully remove out of the purpose of examination, and the corporation, subject to the provi- jurisdiction of the United States, or right to copy any documentary evi- sions of this Act, or who shall will- willfully mutilate, alter, or by any dence of any corporation being fully make or furnish to said com- other means falsify any documeninvestigated or proceeded against. mission or to its agent any false tary evidence of such corporation,
statement, return, or record, know- or who shall willfully refuse to subing the same to be false in any ma- mit to the commission or to any of terial particular, shall be deemed its authorized agents, for the purguilty of a misdemeanor, and upon pose of inspection and taking copies, conviction thereof shall be punished any documentary evidence of such by a fine of not exceeding $5,000 or corporation in his possession or by imprisonment not exceeding one within his control, shall be deemed year, or by both said punishments, guilty of an offense against the in the discretion of the court. United States, and shall be subject,
upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and
imprisonment. If any corporation subject to this SEC. 6. That if any corporation If any corporation required by section of this Act shall fail to make subject to this Act shall fail to file this Act to file any annual or special and file said annual reports within any annual or special report, as report shall fail so to do within the the time above specified, or within provided in subdivision (b) of sec- time fixed by the commission for the time extended by the commis- tion three hereof, within the time filing the same, and such failure shall sion for making and filing the same, fixed by the commission for filing continue for thirty days after notice or shall fail to make and file any the same, and such failure shall of such default, the corporation special report within the time fixed continue for thirty days after no- shall forfeit to the United States by the order of the commission, tice of such default, the corpora- the sum of $100 for each and every such corporation shall forfeit to the tion shall forfeit to the United day of the continuance of such