Secs. 11-14 Court of Proceedings expedited. Service. 38 Stat. 736. Personal liability, officers of corporations, for violations. the Commission or Board as in the case of an application by the Commission or Board for the enforcement of its order, and the findings of the Commission or Board as to the facts, if supported by substantial evidence, determined as provided in section 10 (e) of the Administrative Procedure Act, shall in like manner be conclusive. Upon the filing of the record with it the jurisdiction of the United States court of appeals to enforce, set aside, or modify orders of the Commission or Board shall be exclusive. Such proceedings in the United States court of appeals shall be given precedence over cases pending therein, and shall be in every way expedited. No order of the Commission or Board or the judgment of the court to enforce the same shall in anywise relieve or absolve any person from any liability under the antitrust Acts. Complaints, orders, and other processes of the Commission or Board under this section may be served by anyone duly authorized by the Commission or Board, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person; or (c) by registering and mailing a copy thereof addressed to such person at his principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same. SEC. 14. [October 15, 1914.] [15 U. S. C. §24.] That whenever a corporation shall violate any of the penal provisions of the antitrust laws, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation, and such violation shall be deemed a misdemeanor, and upon conviction therefor of any such director, officer, or agent he shall be punished by a fine of not exceeding $5,000 or by imprisonment for not exceeding one year, or by both, in the discretion of the court. Secs. 15-16 Jurisdiction of 38 Stat. 736. Procedure. SEC. 15. [October 15, 1914.] [15 U. S. C. § 25.] That the several district courts of the United States are hereby courts. invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition, the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition, and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Whenever it shall appear to the court before which any such proceeding may be pending that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned whether they reside in the district in which the court is held or not, and subpoenas to that end may be served in any district by the marshal thereof. SEC. 16. [October 15, 1914.] [15 U.S. C. § 26.] That any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections two, three, seven, and eight of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit in equity for injunctive relief against any common carrier subject to the provisions of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, in Hearing. Other parties. Injunctive relief. 38 Stat. 737. Bond. United States injunction only may seek against car riers. Sec. 11 If part of Act held invalid, other parts shall not be affected. 38 Stat. 740. 37 Stat. 567. Violators not permitted to pass through Canal. respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission. NOTE.-Sections 17, 18, and 19 of the Clayton Act, (transferred by the U. S. Code to Title 28, as §§ 381, 382, 383), by revision and codification of the Judicial Code, June 25, 1948, were eliminated, their provisions respecting orders of injunction and restraining orders being covered by Rule 65 of the Federal Rules of Civil Procedure. (House Report 308, p. A236.) SEC. 26. [October 15, 1914.] [15 U. S. C. § 27.] If any clause, sentence, paragraph, or part of 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. PANAMA CANAL ACT (Closed to Violators of Antitrust Laws) Title 15.-Chapter 1, U. S. Code SEC. 11. [August 24, 1912.] [15 U. S. C. $31.] No vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter or pass through said [Panama] Canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," or the provisions of sections seventy-three to seventy-seven, both inclusive, of an Act approved August twenty-seventh, eighteen hundred and ninety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or the provisions of any other Act of Congress amending or supplementing the said Act of July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen Determination. hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending Secs. 1-2 before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by Bult brought the Attorney General of the United States. NOTE.-Parts of the Interstate Commerce Act applicable, § 5 FEDERAL TRADE COMMISSION ACT by shipper or Attorney General. 88 Stat. 724. SEC. 11. [September 26, 1914.] [15 U. S. C. § 51.] Nothing contained in this Act shall be construed to prevent or interfere with the enforcement of the provisions of the antitrust Acts or the Acts to regulate commerce, nor shall anything contained in the Act be construed to Commerce Act alter, modify, or repeal the said antitrust Acts or the Acts to regulate commerce or any part or parts thereof. STANDARD TIME ACT Title 15.-Chapter 6, U. S. Code SEC. 1. [March 19, 1918.] [15 U. S. C. § 261.] That, for the purpose of establishing the standard time of the United States, the territory of continental United States shall be divided into five zones in the manner hereinafter provided. The standard time of the first zone shall be based on the mean astronomical time of the seventy-fifth degree of longitude west from Greenwich; that of the second zone on the ninetieth degree; that of the third zone on the one hundred and fifth degree; that of the fourth zone on the one hundred and twentieth degree; and that of the fifth zone, which shall include only Alaska, on the one hundred and fiftieth degree. That the limits of each zone shall be defined by an order of the Interstate Commerce Commission, having regard for the convenience of commerce and the existing junction points and division points of common carriers engaged in commerce between the several States and with foreign nations, and such order may be modified from time to time. SEC. 2. [March 19, 1918.] [15 U. S. C. § 262.] That within the respective zones created under the authority hereof the standard time of the zone shall govern the movement of all common carriers engaged in commerce Interstate not affected. Standard time 40 Stat. 450. Zones; meriling time. established. dians control Limits to be defined by Standard time movement of to govern carriers. 40 Stat. 451. Secs. 4-5-3 Standard time controls official acts, and accrual and determination of rights. 40 Stat. 451. Standards designated. Conflicting laws repealed. 42 Stat. 1434. Idaho, south of Salmon River. Third zone. 62 Stat. 646. Pacific time. between the several States or between a State and any of the Territories of the United States, or between a State or the Territory of Alaska and any of the insular possessions of the United States or any foreign country. In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of the United States, whether in the legislative, executive, or judicial branches of the Government, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall be the United States standard time of the zone within which the act is to be performed. SEC. 4. [March 19, 1918.] [15 U. S. C. § 263.] That the standard time of the first zone shall be known and designated as United States Standard Eastern Time; that of the second zone shall be known and designated as United States Standard Central Time; that of the third zone shall be known and designated as United States Standard Mountain Time; that of the fourth zone shall be known and designated as United States Standard Pacific Time; and that of the fifth zone shall be known. and designated as United States Standard Alaska Time. SEC. 5. [March 19, 1918.] [ U.S. C.-.] That all Acts and parts of Acts in conflict herewith are hereby repealed. NOTE.-By § 2 of the Act of March 4, 1921, the same provision as that contained in § 5, above, was repeated. Neither of these sections is quoted in the U. S. Code. SEC. 3. [March 3, 1923, amended June 24, 1948.] [15 U.S. C. § 264.] In the division of territory, and in the definition of the limits of each zone, as herein before prohereinbefore vided, so much of the State of Idaho as lies south of the Salmon River, traversing the State from east to west near forty-five degrees thirty minutes latitude shall be embraced in the third zone: Provided, That common carriers within such portion of the State of Idaho may conduct their operations on Pacific time. NOTE. The amendment of June 24, 1948, adding to § 3 (§ 264 U. S. C.) the proviso above stated, was made effective at 2 o'clock antemeridian of the second Monday following the date of its enactment. The original § 3 of this Act, providing for annual advancing and retarding of standard time (daylight-saving), was repealed by Act of Congress of Aug. 20, 1919 (41 Stat. 280). |