Extension of suspen tice goes into effect, the Secretary may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If any such hearing can not be concluded within sion. the period of suspension the Secretary may extend the time of sus- Changes allowed if pension for a further period not exceeding thirty days, and if the hearing not then conproceeding has not been concluded and an order made at the expira- cluded. tion of such thirty days, the proposed change of rate, charge, regulation, or practice shall go into effect at the end of such period. etc. Prohibitions. Carrying on business Charging other than (f) After the expiration of the sixty days referred to in subdivision (a) no person shall carry on the business of a stockyard owner without fling rates, or market agency unless the rates and charges for the stockyard services furnished at the stockyard have been filed and published in accordance with this section and the orders of the Secretary made thereunder; nor charge, demand, or collect a greater or less or differ- specified rates, etc. ent compensation for such services than the rates and charges speci- Refunding rates, exfied in the schedules filed and in effect at the time; nor refund or cept by cooperative remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers. from bona fide returning to its members, on a patronage basis, its excess earnings on their live stock, subject to such regulations as the Secretary may prescribe); nor extend to any person at such stock than services in schedyard any stockyard services except such as are specified in such ules. schedules. associations. Extending other Penalty for noncom (g) Whoever fails to comply with the provisions of this section pliance with orders, or of any regulation or order of the Secretary made thereunder shall etc. be liable to a penalty of not more than $500 for each such offense, and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Recovery. Punishment for will (h) Whoever willfully fails to comply with the provisions of this ful violations. section or of any regulation or order of the Secretary made thereunder shall on conviction be fined not more than $1,000, or imprisoned not more than one year, or both. Stockyard services and nondiscrimina SEC. 307. It shall be the duty of every stockyard owner and market to be just, reasonable, agency to establish, observe, and enforce just, reasonable, and non- tory. discriminatory regulations and practices in respect to the furnishing Unjust, etc., unlawof stockyard services, and every unjust, unreasonable, or discrimina- ful. tory regulation or practice is prohibited and declared to be unlawful. SEC. 308. (a) If any stockyard owner, market agency, or dealer, injured by violations violates any of the provisions of sections 304, 305, 306, or 307, or of any order of the Secretary made under this title, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. (b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section 309, or (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies. Liability to persons hereof. Enforcement. Violations of orders. Complaints to be SEC. 309. (a) Any person complaining of anything done or omitted to be done by any stockyard owner, market agency, or dealer (herein- filed with Secretary. after in this section referred to as the "defendant") in violation of the provisions of sections 304, 305, 306, or 307, or of an order of the Secretary made under this title, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the Secretary to the defendant, who shall called upon to answer. be called upon to satisfy the complaint, or to answer it in writing, Liability relieved on within a reasonable time to be specified by the Secretary. If the reparation. defendant within the time specified makes reparation for the injury Defendant to be Investigation on failure, etc. alleged to be done he shall be relieved of liability to the complainant only for the particular violation thus complained of. If the defendant does not satisfy the complaint within the time specified, or there appears to be any reasonable ground for investigating the complaint, it shall be the duty of the Secretary to investigate the matters complained of in such manner and by such means as he deems proper. complaints by State, (b) The Secretary, at the request of the live-stock commissioner, Board of Agriculture, or other agency of a State or Territory, having jurisdiction over stockyards in such State or Territory, shall investigate any complaint forwarded by such agency in like manner and with the same authority and powers as in the case of a complaint made under subdivision (a). Investigations etc., agencies. Investigations motion. on by Secretary on his own (c) The Secretary may at any time institute an inquiry on his own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made to or before the Secretary, by any provision of this title, or concerning which any question may arise under any of the provisions of this title, or relating to the enforceAuthority conferred. ment of any of the provisions of this title. The Secretary shall have the same power and authority to proceed with any inquiry instituted upon his own motion as though he had been appealed to by petition, including the power to make and enforce any order or orders in the case or relating to the matter or thing concerning which the inquiry is had, except orders for the payment of money. Direct damage not required. Award to complainant. Institution of suit on failure of defendant to comply with order. Procedure. Authority of Secretary, if charges, etc., found unjust, unreatory. (d) No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (e) If after hearing on a complaint the Secretary determines that the complainant is entitled to an award of damages, the Secretary shall make an order directing the defendant to pay to the complainant the sum to which he is entitled on or before a day named. (f) If the defendant does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may within one year 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 principal place of business of the defendant or in any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secretary in the premises. Such suit in the district court shall proceed in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a reasonable attorney's fee to be taxed and collected as a part of the costs of the suit. SEC. 310. Whenever after full hearing upon a complaint made as sonable, or discrimina- provided in section 309, or after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will To determine rates, be unjust, unreasonable, or discriminatory, the Secretary etc., to be observed. (a) May determine and prescribe what will be the just and reasonable rate or charge, or rates or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged, and what regulation or practice is or will be just, Order to cease from reasonable, and nondiscriminatory to be thereafter followed; and (b) May make an order that such owner or operator (1) shall cease and desist from such violation to the extent to which the Secretary but prescribed rates. finds that it does or will exist; (2) shall not thereafter publish, de violations. Charge, etc., none mand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be; and (3) shall conform to and observe the regulation or scribed regulations. practice so prescribed. Conform to pre Live stock not in commerce. prescribed when prac SEC. 311. Whenever in any investigation under the provisions of this title, or in any investigation instituted by petition of the stockyard Rates, etc., to be owner or market agency concerned, which petition is hereby authorized tices as to, discrimi nate for intrastate, to be filed, the Secretary after full hearing finds that any rate, charge, against interstate comregulation, or practice of any stockyard owner or market agency, for merce. or in connection with the buying or selling on a commission basis or otherwise, receiving, marketing, feeding, holding, delivery, shipment, weighing, or handling, not in commerce, of live stock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in live stock on the one hand and interstate or foreign commerce in live stock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in live stock, which is hereby forbidden and declared to be unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judgment, will remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall be observed irrespective observed while in effect by the stockyard owners or market agencies parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. SEC. 312. (a) It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discrimi- Unfair, etc., practices natory, or deceptive practice or device in connection with the receiving, marketing, buying or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing or handling, in commerce at a stockyard, of live stock. Rates, etc., to be of State laws, etc. Live stock at stockyards. as to, unlawful. Order to cease from (b) Whenever complaint is made to the Secretary by any person, violations to be issued. or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subdivision (a), the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. Taking effect of or SEC. 313. Except as otherwise provided in this Act, all orders of ders other than for the Secretary under this title, other than orders for the payment of money. money, shall take effect within such reasonable time, not less than five days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, according as is prescribed in the order, unless such order is suspended or modified or set aside by the Secretary or is suspended or set aside by a court of competent jurisdiction. SEC. 314. (a) Any stockyard owner, market agency, or dealer Penalty for failing to who knowingly fails to obey any order made under the provisions of obey order. sections 310, 311, or 312 shall forfeit to the United States the sum of $500 for each offense. Each distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Such forfeiture shall be recoverable in a civil suit in the name of the United States. Recovery. trict attorneys. (b) It shall be the duty of the various district attorneys, under Prosecution by disthe direction of the Attorney General, to prosecute for the recovery of forfeitures. The costs and expense of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. ders. SEC. 315. If any stockyard owner, market agency, or dealer fails Enforcement of or to obey any order of the Secretary other than for the payment of money while the same is in effect, the Secretary, or any party injured Suit in district court for, other than for money. etc. thereby, or the United States by its Attorney General, may apply to the district court for the district in which such person has his Issue of Injunction, principal place of business for the enforcement of such order. If after hearing the court determines that the order was lawfully made and duly served and that such person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order or to enjoin upon him or them obedience to the same. Provisions for suspending orders of In ble to Secretary's orders. SEC. 316. For the purposes of this title, the provisions of all laws terstate Commerce relating to the suspending or restraining the enforcement, operation, Commission applica- or execution of, or the setting aside in whole or in part the orders of the Interstate Commerce Commission, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this title, and to any person subject to the provisions of this title. General provisions. Accounts, etc., to be kept. prescribed. TITLE IV. GENERAL PROVISIONS. SEC. 401. Every packer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or Forms, etc., may be otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both. Punishment for noncompliance. Enforcement powers of Federal Trade Com cable hereto. SEC. 402. For the efficient execution of the provisions of this Act, mission made appli- and in order to provide information for the use of Congress, the proVol. 38, pp. 721-723. visions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this Act and to any person subject to the provisions of this Act, whether or not a corporation. Agents authorized. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States. Principals responsi etc. SEC. 403. When construing and enforcing the provisions of this ble for acts of agents, Act, the act, omission, or failure of any agent, officer, or other person acting for or employed by any packer, stockyard owner, market agency, or dealer, within the scope of his employment or office, shall in every case also be deemed the act, omission, or failure of such packer, stockyard owner, market agency, or dealer, as well as that of such agent, officer, or other person. Attorney General to order court proceedings. Laws not affected. Antitrust acts. SEC. 404. The Secretary may report any violation of this Act to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. SEC. 405. Nothing contained in this Act, except as otherwise provided herein, shall be construed (a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies,' approved July 2, 1890, the Act entitled "An Act to supplement laws. 41, p. 456. Antitrust applica existing laws against unlawful restraints and monopolies, and for Interstate Commerce other purposes," approved October 15, 1914, the Interstate Com-Vol. 24, p. 376; Vol. merce Act as amended, the Act entitled "An Act to promote export Export trade law. trade, and for other purposes," approved April 10, 1918, or sections 73 to 77, inclusive, of the Act of August 27, 1894, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," as amended by the Act entitled "An Act to amend sections seventy-three and seventy-six of the Act of August twentyseventh, eighteen hundred and ninety-four, entitled An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved February 12, 1913, or tions to imports. Vol. 28, p. 570. Vol. 37, p. 667. Modifications, etc., (b) To alter, modify, or repeal such Acts or any part or parts thereof. thereof, or Pending investiga powers (c) To prevent or interfere with any investigation, proceeding, or tions, etc. prosecution begun and pending at the time this Act becomes effective. Interstate Commerce SEC. 406. (a) Nothing in this Act shall affect the power or jurisdic- commission tion of the Interstate Commerce Commission, nor confer upon the not affected. Secretary concurrent power or jurisdiction over any matter within the power or jurisdiction of such Commission. over matters madé pending cases cepted. Vol. 38, p. 719. ex (b) On and after the enactment of this Act, and so long as it re- mission. Federal Trade Commains in effect, the Federal Trade Commission shall have no power or No jurisdiction of, jurisdiction so far as relating to any matter which by this Act is made subject to Secretary. subject to the jurisdiction of the Secretary, except in cases in which, before the enactment of this Act, complaint has been served under section 5 of the Act entitled "An Act to create a Federal Trade Commission, to define its power and duties, and for other purposes, approved September 26, 1914, or under section 11 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, and except when the Secretary of Agriculture, in the exercise of his tions on request of duties hereunder, shall request of the said Federal Trade Commission Secretary. that it make investigations and report in any case. Vol. 38, p. 734. To make investiga Rules, etc., to be em SEC. 407. The Secretary may make such rules, regulations and prescribed. orders as may be necessary to carry out the provisions of this Act and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, Authority for agency or political subdivision thereof, or any person; and shall ployees, expenses, etc. have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by Congress, and there is hereby authorized to be thorized. appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. Appropriations au Post, p. 194. Invalidity of any provision, etc., not to affect remainder of SEC. 408. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the re- t mainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Approved, August 15, 1921. CHAP. 65.-Joint Resolution Authorizing the appointment of a commission to confer with the Dominion Government of the provincial governments thereof as to certain restrictive orders in council of the said Provinces relative to the exportation of pulp wood and paper therefrom to the United States. August 15, 1921. [S. J. Res. 36.] [Pub. Res., No. 14.] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the paper. Pulp wood and |