Page:United States Statutes at Large Volume 28.djvu/599

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

570 FIFTY-THIRD CONGRESS. Sess. H. Ch. 349. 1894. '*`¤I··¤'=¤-.°°°·· in *°· SEO. 73. That every combination, conspiracy, trust, agreement, or

fvu:i£j)Htrad° 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 {ree 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 P¤¤•1ty- 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 Uni ted States, such person shall be lined in a sum not less than one hiindred dollars and not exceeding uve 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. m·{;*;¤`§gi°¤ °* °*" Sec. 74. 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

  • `¤>·=°·>·i*¤8¤- 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. &m§ ****1* Sec. 75. 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 marshgl thergogr Forfmnrc. src-. ¤f Ec. 7 . hat any property owned under an contract or b an {’Q’}’§"’ '°°°°°° by combination, or pursuant to any conspiracy (aiid being the sibibjeext · thereof) mentioned in section seventy-three of this Act, and being in the course of transportation 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. ,u§g_}** by P"°*°**¤· Sec. 77. That any person who shall be injured in his business 0;- ' 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 Dm u defendant resides or is found, without respect to the amount in con- S troversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney’s fee. Received by the President, August 15, 1894. [Norn nr run DEPARTMENT or Sr.u·n.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]