Sec. 24. CASES OF CONTEMPT NOT SPECIFI-
CALLY EMBRACED IN SECTION 21
NOT AFFECTED. (38 Stat. 739; 28 U. S.
C. A., sec. 389.)

Committed in or near pres

or

In disobelawful writ suit or action

dience of any

Sec. 24. That nothing herein contained shall be construed to relate to contempts committed in the presence of ence of court, the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the [740] same, and all other cases of contempt not specifically embraced within section twentyone of this Act, may be punished in conformity to the usages at law and in equity now prevailing.

or process in

by or in behalf of United States.

And other sec. 21.

cases not in

Punished in conformity with prevail

etc.

Sec. 25. PROCEEDINGS FOR CONTEMPT LIMI- ing usages, TATIONS. (38 Stat. 740; 28 U. S. C. A., sec. 390.)

Must be insti

one year.

SEC. 25. That no proceeding for contempt shall be in- tuted within stituted against any person unless begun within one year from the date of the act complained of; nor shall any such proceeding be a bar to any criminal prosecution for the same act or acts; but nothing herein contained shall affect any proceedings in contempt pending at the time of the passage of this Act.

Sec. 26. INVALIDITY OF ANY CLAUSE, SEN-
TENCE, ETC., NOT TO IMPAIR RE-
MAINDER OF ACT. (38 Stat. 740; 15 U.S.
C. A., sec. 27.)

Not a bar to prosecution. Pending proceedings not affected.

criminal

sentence, etc., directly involved.

SEC. 26. If any clause, sentence, paragraph, or part of fined to clause, this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Approved, October 15, 1914.*

'Original act.

"Export trade."

[Approved Apr. 10, 1918]

[PUBLIC-No. 126-65TH CONGRESS]

[H. R. 2316]

AN ACT To promote export trade, and for other purposes

Sec. 1. DEFINITIONS. (40 Stat. 516; 15 U. S. C. A., sec. 61.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "export trade" wherever used in this Act mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words "export trade" shall not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of [517] such "Trade within goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale.

the United

States."

"Association."

Association not illegal if organized for and engaged in export trade solely.

That the words "trade within the United States" wherever used in this Act mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States.

That the word "Association" wherever used in this Act means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations.

Sec. 2. ASSOCIATION FOR OR AGREEMENT OR
ACT MADE OR DONE IN COURSE OF
EXPORT TRADE-STATUS UNDER
SHERMAN ANTITRUST LAW. (40 Stat.
517; 15 U. S. C. A., sec. 62.)

SEC. 2. That nothing contained in the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second,

eighteen hundred and ninety, shall be construed as de-
claring to be illegal an association entered into for the
sole purpose of engaging in export trade and actually
engaged solely in such export trade, or an agreement
made or act done in the course of export trade by such
association, provided such association, agreement, or act
is not in restraint of trade within the United States, and
is not in restraint of the export trade of any domestic
competitor. of such association: And provided further,
That such association does not, either in the United
States or elsewhere, enter into any agreement, under-
standing, or conspiracy, or do any act which artificially
or intentionally enhances or depresses prices within the
United States of commodities of the class exported by
such association, or which substantially lessens compe-
tition within the United States or otherwise restrains
trade therein.

Sec. 3. ACQUISITION BY CORPORATION OF
STOCK OR CAPITAL OF
OF EXPORT
TRADE CORPORATION. (40 Stat. 517; 15
U.S. C. A., sec. 63.)

SEC. 3. That nothing contained in section seven of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October fifteenth, nineteen hundred and fourteen, shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any corporation organized solely for the purpose of engaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to restrain trade or substantially lessen competition within the United States.

Sec. 4. FEDERAL TRADE PROVISIONS EX

methods

TENDED TO EXPORT TRADE COMPETITORS. (40 Stat. 517; 15 U. S. C. A., sec. 64.) SEC. 4. That the prohibition against "unfair methods Unfair of competition" and the remedies provided for enforc- prohibited. ing said prohibition contained in the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", approved September twenty-sixth, nineteen hundred and fourteen,

Even though acts involved done without territorial jurisdiction of United States.

Export trade associations or corporations to file statement with Federal Trade. Commission showing-location of offices, names, and addresses of officers, etc., and also articles of incorporation or contract of association,

etc.

To furnish also information as to organization, business, etc.

Penalties, loss of benefit of secs. 2 and 3, and fine.

District attor

neys to prosecute for

recovery of forfeiture.

shall be construed as extending to unfair methods of com-
petition used in export trade against competitors en-
gaged in export trade, even though the acts constituting
such unfair methods are done without the territorial
jurisdiction of the United States.

Sec. 5. OBLIGATIONS OF EXPORT TRADE ASSO-
CIATIONS UNDER THIS ACT. PENAL-
TIES FOR FAILURE TO
TO COMPLY.
DUTIES AND POWERS OF COMMIS-
SION. (40 Stat. 517; 15 U. S. C. A., sec. 65.)
SEC. 5. That every association now engaged solely in
export trade, within sixty days after the passage of this
Act, and every association entered into hereafter which
engages solely in export trade, within thirty days after
its creation, shall file with the Federal Trade Commis-
sion a verified written statement setting forth the loca-
tion of its offices or places of business and the names and
addresses of all its officers and of all its stockholders or
members, and if a corporation, a copy of its certificate or
articles of incorporation and by-laws, and if unincorpo-
rated, a copy of its articles or contract of association,
and on the first day of January of each year thereafter
it shall make a like statement of the location of its offices
or places of business and the names and addresses of all
its officers and of all its stockholders or members and of
all amendments to and changes in its articles or certifi-
cate of incorporation or in its articles or contract of as-
sociation. It shall also furnish to the com[518]mission
such information as the commission may require as to
its organization, business, conduct, practices, manage-
ment, and relation to other associations, corporations,
partnerships, and individuals. Any association which
shall fail so to do shall not have the benefit of the pro-
visions of section two and section three of this Act, and
it shall also forfeit to the United States the sum of $100
for each and every day of the continuance of such failure,
which forfeiture shall be payable into the Treasury of
the United States, and shall be recoverable in a civil suit
in the name of the United States brought in the district
where the association has its principal office, or in any
district in which it shall do business. It shall be the
duty of the various district attorneys, under the direction

of the Attorney General of the United States, to prosecute for the recovery of the forfeiture. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

Whenever the Federal Trade Commission shall have reason to believe that an association or any agreement made or act done by such association is in restraint of trade within the United States or in restraint of the export trade of any domestic competitor of such association, or that an association either in the United States or elsewhere has entered into any agreement, understanding, or conspiracy, or done any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein, it shall summon such association, its officers, and agents to appear before it, and thereafter conduct an investigation into the alleged violations of law. Upon investigation, if it shall conclude that the law has been violated, it may make to such association recommendations for the readjustment of its business, in order that it may thereafter maintain its organization and management and conduct. its business in accordance with law. If such association fails to comply with the recommendations of the Federal Trade Commission, said commission shall refer its findings and recommendations to the Attorney General of the United States for such action thereon as he may deem

proper.

For the purpose of enforcing these provisions the Federal Trade Commission shall have all the powers, so far as applicable, given it in "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

Approved, April 10, 1928.

789071-51-5