1 party who may be found to have been wrongfully enjoined or re2 strained thereby.

3

SEC. 19. That every order of in junction or restraining order shall 4 set forth the reasons for the issuance of the same, shall be specific in 5 terms, and shall describe in reasonable detail, and not by reference 6 to the bill of complaint or other document, the act or acts sought to 7 be restrained, and shall be binding only upon the parties to the suit, 8 their officers, agents, servants, employees, and attorneys, or those in 9 active concert or participating with them, and who shall, by personal 10 service or otherwise, have received actual notice of the same. 11 SEC. 20. That no restraining order or injunction shall be granted by 12 any court of the United States, or a judge or the judges thereof, in any 13 case between an employer and employees, or between employers and 14 employees, or between employees, or between persons employed and 15 persons seeking employment, involving, or growing out of, a dispute 16 concerning terms or conditions of employment, unless necessary to 17 prevent irreparable injury to property, or to a property right, of the 18 party making the application, for which injury there is no adequate 19 remedy at law, and such property or property right must be described 20 with particularity in the application, which must be in writing and 21 sworn to by the applicant or by his agent or attorney.

22 And no such restraining order or injunction shall prohibit any per23 son or persons, whether singly or in concert, from terminating any 24 relation of employment, or from ceasing to perform any work or labor, 25 or from recommending, advising, or persuading others by peaceful 26 means so to do; or from attending at any place where any such person 27 or persons may lawfully be, for the purpose of peacefully obtaining or 28 communicating information, or from peacefully persuading any person 29 to work or to abstain from working; or from ceasing to patronize or 30 to employ any party to such dispute, or from recommending, advis31 ing, or persuading others by peaceful and lawful means so to do; or 32 from paying or giving to, or withholding from, any person engaged in 33 such dispute, any strike benefits or other moneys or things of value; 34 or from peaceably assembling in a lawful manner, and for lawful 35 poses; or from doing any act or thing which might lawfully be done 36 in the absence of such dispute by any party thereto; nor shall any of 37 the acts specified in this paragraph be considered or held to be vio38 lations of any law of the United States.

pur

39 SEC. 21. That any person who shall willfully disobey any lawful 40 writ, process, order, rule, decree, or command of any district court of 41 the United States or any court of the District of Columbia by doing 42 any act or thing therein, or thereby forbidden to be done by him, if 43 the act or thing so done by him be of such character as to constitute 44 also a criminal offense under any statute of the United States, or 45 under the laws of any State in which the act was committed, shall be 46 proceeded against for his said contempt as hereinafter provided. 47 SEC. 22. That whenever it shall be made to appear to any district 48 court or judge thereof, or to any judge therein sitting, by the return 49 of a proper officer on lawful process, or upon the affidavit of some 50 credible person, or by information filed by any district attorney, that 51 there is reasonable ground to believe that any person has been guilty 52 of such contempt, the court or judge thereof, or any judge therein 53 sitting, may issue a rule requiring the said person so charged to 54 show cause upon a day certain why he should not be punished there

for, which rule, together with a copy of the affidavit or information, 1 shall be served upon the person charged, with sufficient promptness 2 to enable him to prepare for and make return to the order at the time 3 fixed therein. If upon or by such return, in the judgment of the 4 court, the alleged contempt be not sufficiently. purged, a trial shall be directed at a time and place fixed by the court: Provided, however, 6 That if the accused, being a natural person, fail or refuse to make 7 return to the rule to show cause, an attachment may issue against 8 his person to compel an answer, and in case of his continued failure 9 or refusal, or if for any reason it be impracticable to dispose of the 10 matter on the return day, he may be required to give reasonable 11 bail for his attendance at the trial and his submission to the final 12 judgment of the court. Where the accused is a body corporate, an 13 attachment for the sequestration of its property may be issued upon 14 like refusal or failure to answer.

15

In all cases within the purview of this Act such trial may be by 16 the court, or, upon demand of the accused, by a jury; in which latter 17 event the court may impanel a jury from the jurors then in attend- 18 ance, or the court or the judge thereof in chambers may cause a 19 sufficient number of jurors to be selected and summoned, as provided 20 by law, to attend at the time and place of trial, at which time a jury 21 shall be selected and impaneled as upon a trial for misdemeanor; 22 and such trial shall conform, as near as may be, to the practice in 23 criminal cases prosecuted by indictment or upon information.

24

If the accused be found guilty, judgment shall be entered accord- 25 ingly, prescribing the punishment, either by fine or imprisonment, 26 or both, in the discretion of the court. Such fine shall be paid to the 27 United States or to the complainant or other party injured by the 28 act constituting the contempt, or may, where more than one is so 29 damaged, be divided or apportioned among them as the court may 30 direct, but in no case shall the fine to be paid to the United States 31 exceed, in case the accused is a natural person, the sum of $1,000, 32 nor shall such imprisonment exceed the term of six months: Provided, 33 That in any case the court or a judge thereof may, for good cause 34 shown, by affidavit or proof taken in open court or before such judge 35 and filed with the papers in the case, dispense with the rule to show 36 cause, and may issue an attachment for the arrest of the person 37 charged with contempt; in which event such person, when arrested, 38 shall be brought before such court or a judge thereof without unneces- 39 sary delay and shall be admitted to bail in a reasonable penalty for 40 his appearance to answer to the charge or for trial for the contempt; 41 and thereafter the proceedings shall be the same as provided herein 42 in case the rule had issued in the first instance.

43

SEC. 23. That the evidence taken upon the trial of any persons so 44 accused may be preserved by bill of exceptions, and any judgment of 45 conviction may be reviewed upon writ of error in all respects as now 46 provided by law in criminal cases, and may be affirmed, reversed, or 47 modified as justice may require. Upon the granting of such writ of 48 error, execution of judgment shall be stayed, and the accused, if 49 thereby sentenced to imprisonment, shall be admitted to bail in such 50 reasonable sum as may be required by the court, or by any justice, or 51 any judge of any district court of the United States or any court of 52 the District of Columbia.

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1 SEC. 24. That nothing herein contained shall be construed to relate 2 to contempts committed in the presence of the court, or so near 3 thereto as to obstruct the administration of justice, nor to contempts 4 committed in disobedience of any lawful writ, process, order, rule, 5 decree, or command entered in any suit or action brought or prose6 cuted in the name of, or on behalf of, the United States, but the 7 same, and all other cases of contempt not specifically embraced 8 within section twenty-one of this Act, may be punished in conformity 9 to the usages at law and in equity now prevailing.

10 Sec. 25. That no proceeding for contempt shall be instituted against 11 any person unless begun within one year from the date of the act 12 complained of; nor shall any such proceeding be a bar to any criminal 13 prosecution for the same act or acts; but nothing herein contained 14 shall affect any proceedings in contempt pending at the time of the 15 passage of this Act.

16 SEC. 26. If any clause, sentence, paragraph, or part of this Act 17 shall, for any reason, be adjudged by any court of competent jurisdic18 tion to be invalid, such judgment shall not affect, impair, or invali19 date the remainder thereof, but shall be confined in its operation to 20 the clause, sentence, paragraph, or part thereof directly involved in 21 the controversy in which such judgment shall have been rendered.

22

Approved, October 15, 1914.

THE ACT OF MAY 15, 1916. (KERN AMENDMENT.)

[PUBLIC-No. 75-64TH CONGRESS.]

[S. 4432.]

An Act To amend section eight of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen.

123

5

Be it enacted by the Senate and House of Representatives of the 4 United States of America in Congress assembled, That section eight of an Act entitled "An Act to supplement existing laws 6 against unlawful restraints and monopolies, and for other pur- 7 poses," approved October fifteenth, nineteen hundred and four- 8 teen, be, and the same is hereby, amended by striking out the 9 period at the end of the second clause of said section, inserting in 10 lieu thereof a colon, and adding to said clause the following:

11

"And provided further, That nothing in this Act shall prohibit 12 any officer, director, or employee of any member bank or class A 13 director of a Federal reserve bank, who shall first procure the con- 14 sent of the Federal Reserve Board, which board is hereby author- 15 ized, at its discretion, to grant, withhold, or revoke such consent, 16 from being an officer, director, or employee of not more than two 17 other banks, banking associations, or trust companies, whether 18 organized under the laws of the United States or any State, if such 19 other bank, banking association, or trust company is not in sub- 20 stantial competition with such member bank.

21

"The consent of the Federal Reserve Board may be procured 22 before the person applying therefor has been elected as a class A 23 director of a Federal reserve bank or as a director of any member 24 bank."

Approved, May 15, 1916.

31959°-S. Doc. 355, 64-1—2

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