Page:United States Statutes at Large Volume 49 Part 1.djvu/877

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

832

74TH CONGRESS . SESS . I. CH. 687. AUGUST 26, 1935 . Service of process . contempt thereo f . All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found . Any person who, without just cause, shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or it s power so to do, in obedience to the subpena of the Commission, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or both . Privilege of wit-

(e) No person s hall be excused from attending and testifyin g or ness es . from producing books, papers, correspondence, memoranda, contracts, agre ements, or othe r records and d ocuments befor e the Commissio n, or in obedience to the subpena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding inst ituted by the C ommission, on t he ground that the testimony or evidence, documentary or otherwise, required of him may tend to incr iminate him or subject him to a penalty or f orfeiture ; b u t n o individ ual sh all be prose cuted o r subj ect to any p enalty or for feitur e for or on account of any transaction, matter or thing concerning whic h he is compell ed to testify o r produce evid ence, documenta ry or other wise, a fter h aving claime d his privile ge aga inst s elf-in crimi- nation, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so . Injunctions ; restrain- tes tif yin g ingorders . (f) Whenever it shall appear to the Commission that any person is enga ged or about to en gage in any a cts or pract ices wh ich co nstitu te or will constitute a violation of the provisions of this title, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper district court of the United States, the Supreme Court of the District of Columbia, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this title or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining ord er shall be gra nted without bo nd . The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the appropriate criminal proceedings under this title. Writs of mandamus. (g) Upon application of the Commission, the district courts of the United States, the Supreme Court of the District of Columbia, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of t his title or an y rule, regulat ion, or order of the Commissi on thereunder . Hearings . HEARINGS BY COMMISSION sio noto hold . °omen's . SEC. 19 . He arings may be p ublic and may b e held before the Com- mission, any member or members thereof, or any officer or officers of Right of interested the Commission designated by it, and appropriate records thereof party . shall be kept . In any proceeding before the Commission, the Commis- sion, in accordance with such rules and regulations as it may prescribe, shall admit as a party any interested State, State commission, State securit ies co mmissi on, mu nicipal ity, o r othe r poli tical s ubdivi sion of a State, and may admit as a party any representative of interested consume rs or securi ty hol ders, o r any other person whose partic ipatio n in the procee dings may be in the publi c inte rest o r for t he pro tectio n of investors or consumers .