FEDERAL TRADE COMMISSIONERS

(January 1939)

ROBERT ELLIOTT FREER, of Ohio; Chairman of Federal Trade Commission, Washington; lawyer; born in Madisonville (Cincinnati), Ohio, January 30, 1896; son of Guy Metcalf and May (Dunlap) Freer; attended Ohio State University; A. B., George Washington University; LL. B., Cincinnati Law School (University of Cincinnati), 1917; LL. M., Washington College of Law; served in France in World War, 1918-19, with Three Hundred and Twenty-fourth Machine-Gun Battalion; major of Infantry, Ohio National Guard and Officers' Reserve Corps, to 1925; practiced law in Cincinnati, 1917-25, except for war service; associated with Maxwell & Ramsey, 1917-22; partner with Gusweiler, Fox, Freer, Lambert & Davies, 1922-23, and individually, 1923-25; attorney, Interstate Commerce Commission, Bureau of Valuation, 1925-33; research assistant and attorney with Federal Coordinator of Transportation, 1933–35; special counsel, United States Senate Committee on Interstate Commerce, Seventy-fourth Congress, first session; professor of law at St. Xavier College, Cincinnati, 1922-23; Washington College of Law, 1926-38; instructor in railway economics, American University Graduate School, 1933-34; appointed member of Federal Trade Commission by President Roosevelt, August 24, 1935, to succeed Commissioner George C. Mathews, resigned, for the term ending September 25, 1938; reappointed September 3, 1938, for the term ending September 25, 1945; entered on duty August 27, 1935; president, Federal Bar Association, 1938; Republican; Presbyterian; legal fraternities, Phi Alpha Delta and Order of the Coif; member, National Press Club; legal residence, Ohio; Washington residence, 1 Carvel Circle, Westmoreland Hills.

GARLAND S. FERGUSON, of North Carolina, Democrat; member of Federal Trade Commission, Washington; lawyer; born in Waynesville, N. C., May 30, 1878, son of Garland S. Ferguson, former judge of Superior Court of North Carolina; married Margaret Merrimon, of Greensboro, N. C.; attended United States Naval Academy and University of North Carolina, graduating in law from the University, 1900; practiced law in Waynesville, 1900-1902; in Greensboro, 1902-18; referee in bankruptcy, United States District Court, Western District of North Carolina, 1908-18; special counsel, Southern Railway, Greensboro, 1908-18; assistant general counsel, Newport News Shipbuilding Co., Washington, 1918-21; resumed practice of law in Greensboro, 1921; appointed by President Coolidge member of the Federal Trade Commission, November 12, 1927, for term ending September 25, 1934, succeeding Commissioner John F. Nugent; entered on duty November 14, 1927; reappointed by President Roosevelt January 10, 1935 (recess appointment September 1934), for term ending September 25, 1941; confirmed by Senate January 8, 1935; Chairman of Federal Trade Commission, 1930, 1934, and 1938; member, National Emergency Council, 1934; member, Temporary National Economic Committee, 1938; legal residence, Greensboro, N. C.; Washington residence, Wyoming Apartments.

CHARLES H. MARCH, of Minnesota, member of Federal Trade Commission, Washington; lawyer; born at Litchfield, Minn.; son of Nelson J. and Jane (Morrison) March; admitted to Minnesota bar, and later to practice in United States Supreme Court; served as mayor of Litchfield and chairman of public library board; organized Fourth Minnesota Regiment of Militia and was elected as its colonel; served as member of State commission of public safety, a board consisting of the governor, attorney general, and five members having broad powers in carrying on State government during World War period;

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president, Farmers and Bankers Council of Minnesota; married Aimee Wells, of Morris, Minn., 1899; children: Mrs. Chris L. Christensen, Wells March, and Charles Hoyt March, Jr.; appointed member of Federal Trade Commission by President Coolidge, January 18, 1929, for term expiring September 25, 1935; entered on duty, February 1, 1929; reappointed by President Roosevelt, August 5, 1935, for term ending September 25, 1942; confirmed by Senate, August 16, 1935; Chairman, Federal Trade Commission, 1933 and 1936; appointed member, Special Industrial Recovery Board and National Emergency Council, by President Roosevelt; Republican; legal residence, Oakwood, Litchfield, Minn.; Washington residence, Shoreham Hotel.

EWIN LAMAR DAVIS, of Tennessee, Vice Chairman of the Federal Trade Commission, Washington; born Bedford County, Tenn., February 5, 1876; educated in various schools, including the famous Webb School of Bellbuckle, Tenn., and Vanderbilt University; graduated from Columbian (now George Washington) University Law School in 1899 with degree of LL. B.; began active practice of law in 1899; married Carolyn Windsor, of Americus, Georgia, in 1898, and has five children; Presidential elector in 1904; judge of the Seventh Judicial Circuit of Tennessee, 1910 to 1918; chairman of the district exemption board for the Middle District of Tennessee, 1917 and 1918; elected to the Sixty-sixth, Sixty-seventh, Sixty-eighth, Sixty-ninth, Seventieth, Seventyfirst, and Seventy-second Congresses of the United States; Chairman, Committee on Merchant Marine, Radio, and Fisheries during Seventy-second Congress; appointed by President Roosevelt as member of Federal Trade Commission, May 23, 1933, for term ending September 25, 1939; entered on duty May 26, 1933; Chairman of Federal Trade Commission and member of National Emergency Council, 1935; alternate member, Temporary National Economic Committee, 1938; member of American National Committee, Third World Power Conference, 1936; Democrat; member of bar, all courts of Tennessee, District of Columbia, and United States Supreme Court; member of American, District of Columbia, Federal, and George Washington Bar Associations; Phi Delta Phi Legal Fraternity, Alpha Tau Omega Fraternity; Mason (Thirty-second Degree, Scottish Rite, Blue Lodge, Chapter, Royal Arch), Knights of Pythias; University Club; legal residence, Tullahoma, Tenn.; Washington residence, 215 North Washington Street, Alexandria, Va.

WILLIAM A. AYRES, of Kansas, member of Federal Trade Commission, Washington; lawyer; born in Elizabethtown, Ill., April 19, 1867; son of William and Catherine (Drumm) Ayres; moved to Sedgewick County, Kans., 1881; attended Garfield (now Friends') University, Wichita, Kans., 1888-90; married Dula Pease, of Wichita, December 30, 1896, who died in July 1934; has three daughters; admitted to Kansas bar, 1893; practicing in Wichita, member of Ayres, Cowan, McCorkle & Fair; clerk, Court of Appeals, Kansas, 1897-1901; prosecuting attorney, Sedgewick County, 1907-11; elected Representative in United States Congress from the Eighth (now Fifth) Congressional District, Kansas, serving in the Sixty-fourth to Sixty-sixth Congresses, 1915-21, and Sixty-eighth to Seventy-third Congresses, 1923-34; member Committee on Appropriations, House of Representatives; renominated as candidate for election to Seventy-fourth Congress in August 1934 primaries, but declined to run and resigned as Congressman to accept appointment by President Roosevelt, June 30, 1934, to membership in the Federal Trade Commission to succeed Commissioner James M. Landis, resigned, for the term ending September 25, 1940; entered on duty August 23, 1934; Chairman of Federal Trade Commission, 1937; member of Christian Church; Mason (Thirty-third Degree, Shriner); Democrat; legal residence, Wichita, Kans.; Washington residence, the Kennedy Warren.

PREFACE

This second volume is supplementary to the first volume of "Statutes and Decisions" and includes the statutes administered by the Federal Trade Commission in their latest amended form, with footnoted annotations covering the history of their amendment from 1930 to 1938, inclusive, and the court decisions construing them during that period.

It contains all reported cases to which the Commission was a party under any statute, as well as notes of unreported cases, and includes suits prosecuted under the Federal Trade Commission Act of 1914, and that act as amended in 1938, the old Clayton Act, and the Clayton Act as amended by the Robinson-Patman Act of 1936, and the Securities Act of 1933, which was administered by the Commission. There were no court cases reported under the Export Trade Act from 1930 through 1938.

Following the cases in which the Federal Trade Commission was a party is a short section of notes of interlocutory motions, excerpts from court opinions, and court actions during the course of hearings before the Commission which elucidate procedure in the prosecution of Federal Trade Commission matters.

The final section of published material is made up of a group of selected cases under various statutes which indicates the trend of judicial interpretation in the general field of trade regulation. It includes cases arising under the Sherman Act and the Clayton Act, and a few outstanding cases under the National Industrial Recovery Act and the State Fair Trade Acts.

In the Supreme Court cases included in the compilation, the argument of counsel usually summarized in United States Reports is omitted, and such omissions are indicated by stars. The bracketed bold-face figures in the text of such cases are the page numbers of the official United States Reports. In the opinions of the other courts, the bracketed bold-face figures similarly indicate the pagination of the text in the respective official reporters, and in the text of the statutes they are the page numbers of the United States Statutes at Large, the language of which is used in the text of the statutes set forth herein.

Grateful acknowledgment is made of the courtesy of the West Publishing Co., of St. Paul, in granting permission to use their copyrighted syllabi of cases in the Circuit Courts of Appeal appearing in this publication.

THE COMPILER.

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