Page:United States Statutes at Large Volume 42 Part 1.djvu/194

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166 SIXTY-SEVENTH CONGRESSJ Sess. I. Ch. 64. 1921. . alleged to be done he shall relieved of liability to the complainant ,B},gr;¤jg¤¤*i°¤ °¤ only for the particular violation thus complained of. lf the defend- ' ant does not satisfy the complamt within the timespecnfied, or there appears to be any reasonable ground formvestigatrng the complaint, it shag bt thedrltty of the·Se(t:r§ta1y Ito mvestigalte ct e matters com- _ _ ain 0 in suc manneran suc means as e eems proper. wg`;l1`§smi°€.?°i$°}ls sai); Pi (b) The Secretary, at the reqliiest of the live·stock commissioner, ac., treme. Board of Agriculture, or other agency of a State or Temt0;H,_hav1n_g jurisdiction over stockyards in such State or Territory, sh mvest1· gate any comgldaint forvgarded by such xtiency in ltke manntrartd wish e same authority an powers as m e case 0 a comp am ma e under subdivision (a).

 ,,3 (c) The Secretary ma at any time institute an inquiry on his own

¤¤**i¤¤· motion in any case andy as to any matter or thing concermng which a complaint is taulttisorizled to be made to at- kefore the {Secretary, by an rovision 0 t tit e, or concermn` gw c any ques ron may arise uddi- any of the provisions of this title, or relating to the enforce-

  • "“‘“'“’ °""°"°“· ment of any of the visions of title. The Secretary shall have

the same power andllaiithority to proceed with any inquiry instituted upon his own motion as though he had been appealed to nf petition, includingd the power Ito make and enforce any order tqlr I1: tlprs m the case or af to the matter or thing concernmg‘ w `c e inquiry Dm ct is had, excepltlliirders for the payment of money._ required, °°m’° ° (d) N 0 complaiéit shall atthany trmp be dismissed because of the absence of direc` t am to e com ainant. m{_"""* ‘° °°“‘*"‘““‘ (e) If after hearingaogrl a complaint) the Secretary determines that ` than complainanlti is sptitled tr;) agepwaird of damagesil the Setzretary sh ma eano er ecf the en an topa tot ecomp ainan mumumdmtm the sum to which he is er$%led on or before a déy named. txtyetietzrgtlassz to f (f) If the {does potjgoinply vltrtltdan other for tits payrtnent ‘ omone wi e imermr msuc 0 er, ecompaman,o any persian for whose benefit such order was made, may within one ear of the date of the order file in the district court of the United States for the district in which he resides or in which is located the rincipal place of business of the defendant or State court Eaveifpg tgleneral jutisdiettlortl plf the patties, a petrtiiorlt settling torlth “"’~ ri ecauses orw`c ecaims am esan teorerote Secrellary in the premises. Such suit in thzgdistrict court shall proceed in all respects like other civil suits for damages except that the tihndtngs arltd orders (gd the gefetary shall bgnpldmagaqtelttdtlence of e acts therein stat , an the etitioner s not e `a e or costs in the district court nor for costspat any subsequent stage of the proggeéiltngs unlmtlss htheyaltqtmsl upeqp his appgtl. If the7 pfetitionler prev` , es e ow areasona eattorneys eeto e Amhmty 0, mm taxedv and collected as a part of the costs of the suit. wyhir cymges, ew., Sec. 310. Whenever after full hearinghupon a complaint made as $','Q;,;.f‘f,`}‘}.g’,§,;.·${,,°$. provided in section 309, or after full caring under an order for WY- mvestigation and hearing made by the Secretary on his own initiatiye, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, c arge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will To .1,,,,,,,,;,,, mg, be rmjust, unreasonable, or discriminatory, the Secretary——· °*°··'°°°°*¤¤"¤*· (a) May determine and prescribe what will be the just and reas0p·· able rate or charge, or rates or charges, to be thereafter observed m such case, or the maximum or minimum, or maximum and to be charged, and what regulation or practice is or will be just, Om, to ww mm reasonable, and nondiscriminatory to be thereafter followed; and vrsiamms. (b) May make an order that such owner or operator (1) shall cease

1 m M and desist from such violation to the extent to which the Secretary

m¤p¤eérae4`}s¢s·.l°° finds that it does or will exist; (2) shall not thereafter publish, de·