s B. A. I. Order 364 Packers and Stockyards Act 1921 As Amended, 1926 and 1935 General Rules and Regulations of the Secretary of Agriculture with respect to Stockyard Owners, Market Agencies, Dealers, and Licensees Effective on and after March 1, 1938 ■ V OF FL LIB. DOCUMENTS SEPT. UNITED STATES DEPARTMENT OF AGRICULTURE BUREAU OF ANIMAL INDUSTRY UNITED STATES DEPARTMENT OF AGRICULTURE BUREAU OF ANIMAL INDUSTRY B. A. I. Order 364 Packers and Stockyards Act 1921 As Amended, 1926 and 1935 General Rules and Regulations of the Secretary of Agriculture with Respect to Stockyard Owners, Market Agencies, Dealers, and Licensees 'Effective on and after March 1, 1938 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1938 Department of Agriculture, Office of the Secretary, Washington, D. C, February 17, 1938. Under the authority conferred upon the Secretary of Agriculture by the pro- visions of the Packers and Stockyards Act, approved August 15, 1921 (U. S. C, title 7, sees. 181-229), as amended by the act approved May 5, 1926 (U. S. C, title 7, sec. 205), and as further amended by the act approved August 14, 1935 (U. S. C, supp. Ill, title 7, sees. 218-218d), and the act approved June 29, 1937, making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1938, and for other purposes "(50 Stat. 395, 406), the following rules and regulations are hereby prescribed. For the purpose of identification these rules and regulations are designated as B. A. I. Order No. 364. The rules and regulations heretofore issued by the Secretary of Agriculture on this subject, under date of November 9, 1935 (B. A. I. Order No. 357) and all amendments thereto, are hereby revoked to take effect on March 1, 1938, after which date the regulations herein prescribed shall become and be effective until otherwise ordered. H. A. Wallace, Secretary of Agriculture. (ill) United States Department of Agriculi E7HH \\ ABHINOTON, D. C. GENERAL RULES AND REGULATIONS FOR CARRYING OUT THE PROVI- SIONS OF THE PACKERS AND STOCKYARDS ACT, 1921, AS AMENDED, WITH RESPECT TO STOCKYARD OWNERS, MARKET AGENCIES, DEALERS, AND LICENSEES 1. These rules and regulations are made and prescribed with respect to stock- yard owners, market agencies, dealers, and licensees under the Packers and Stockyards Act, 1921, as amended. These rules and regulations shall apply and be enforced only in accordance with and subject to the provisions of said act, as amended, including the definitions of terms therein used. They shall not prevent the legitimate application or enforcement of any valid bylaw, rule, regulation, or requirement of any exchange, association, or other organization, or any other valid law, rule, or regulation, to which any stockyard owner, market agency, dealer, or licensee shall be subject, which is not inconsistent or in con- flict with the act and these rules and regulations. The term "registrant" as used herein means a market agenc}' or dealer subject to title III of the act. The term "licensee" as used herein means any person engaged in furnishing or con- ducting any service or facility named in section 502 of the act to amend the Packers and Stockyards Act, 1921, approved August 14, 1935, and who holds a valid, unrevoked license from the Secretary of Agriculture, as provided by said amendment. 2. (a) Registration (sec. 303, title III) by market agencies and dealers shall be accomplished by properly filling out and delivering to the Bureau of Animal Industry at Washington, D. C, by mail or otherwise, a form which will be fur- nished on request for the purpose. (b) Applications for licenses (sec. 502 (6), title V) may be made by persons subject to the licensing provisions of the amendment by properly filling out and delivering to the Chief of the Bureau of Animal Industry at Washington, D. C, by mail or otherwise, a form of application, which will be furnished by said Bureau upon request. The Secretary will issue a license to any applicant fur- nishing the required information unless he finds after opportunity for a hearing that such applicant is unfit to engage in the activity for which he has made appli- cation, or that he is financially unable to fulfill the obligations that he would incur as a licensee. If, after a hearing, it appears that the applicant is financially unable to fulfill his obligations as a licensee, the Secretary may grant applicant a license upon his executing and maintaining a surety bond or satisfactory equiva- lent thereof, provided such bond or equivalent meets the following standards: Such bond or equivalent shall be conditioned to secure the performance of the obligations of the licensee incurred as such and may contain such other terms and conditions, not inconsistent with the requirements of these regulations, as may be agreed on between the parties thereto. If a bond is maintained, the surety on such bond shall be a surety company approved by the Treasury De- partment of the United States for bonds executed to the United States. How- ever, any other form of indemnity which is found by the Chief of the Bureau of Animal Industry at Washington, D. C, to afford substantially equivalent protection may be accepted in lieu of a bond. Whenever, in the judgment of the Chief of the Bureau of Animal Industry at Washington, D. C, the condition of the business of any licensee is such as to render his bond or equivalent inade- quate, the same shall, upon notice, be adjusted to meet the requirements of this regulation. Any surety bond or equivalent shall contain a provision requiring that at least 10 days prior notice in writing be given to the Bureau of Animal Industry at Washington, D. C, by the party terminating such bond or equivalent in order to effect such termination. Fully executed duplicates of bonds or equivalents shall be filed with the Bureau of Animal Industry at Washington, D. C. 3. (a) Each stockyard owner and market agency shall plainly state in the schedule of rates and charges (sec. 306, title III) filed by such stockyard owner or market agency, the date when effective, the stockyards at which it applies, the name and business address of the stockyard owner or market agency, the (1) kind of li\ the nature of the service, and the terms or conditions under furnishing or conducting services or facilities for which a charge le shall plainly state In the schedule of rates and charges (sec. 504, title V, which incorporate- by I title 111) filed by such licensee, the itive, the city, plaoe, or market at which it applies, the name and the b the nature of the service or facilities fur- Dished, and the terms or conditions under which the service will be rendered. and amendments thereto of stockyard owners, -hall be printed or typed on paper which L- approxi- mately 8 by 1 1 Inches in sue, the lines of print or type being horizontal to the 8-inch dimension. Two OOpies of each such schedule or amendment shall he filed with the Bureau of Animal Industry at YVa-hington, D. C, at least one of which .-hall be signed b\ the mai it for Bale, transmit or deliver to tin- owner of the livestock or his duly auth jent a true writ int of such sale, Bhowing the Dumber, weight, and pi oh kind of animalf the name of the purchaser, the date of Bale, and - ICh Other facts as may he : sary t«» complete the account. Bach liceni a broker, factor, or mission merchant shall, with reasonable promptness follow. • .f live poultry C( to it for sale, transmit or deliver to the owner of the live poultry or his duly authorized agent a true written account i : owing the number of pounds and the price of each kind of poultry sold, date of sale, and such other facts as may he Decessary to complete the account. No market agency or licensee shall pay the I r any part tin arising from the sale of livestock or live poult r o any Other than the owner of such livestock or live poultry, or his duly author- ized :• pt upon an order from the Secretary of Agriculture or a 00 competent jurisdiction unless such person holds (1) a valid unsatisfied moi or lien upon the particular livestock or live poultry, or (2) a written order exi by the owner at the time of, or immediately following, the consignment of such >ck or live poultry. (6) livery market agency and dealer shall, on or before the date of commence- ment of operations, execute and thereafter maintain, or cause to I" 1 and thereafter maintained, reasonable bonds to suitable trustees to secure the per- formance of their obligations incurred as such market agency or dealer, and shall immediately file or cause to be filed with the Bureau of Animal Industry at Washington, ]). C, a fully executed duplicate of such bond. For the purpose of this regulation, "market agency" means any person engaged in the bush buying or selling in commerce livestock at a stockyard on a eominh and "dealer" means any person, not a market agency, engaged in the business of buying or selling in commerce livestock at a stockyard either on his own account or as the employee or agent of the vendor or purchaser. Such bonds may contain such other terms and conditions as may be agreed upon between the parties thereto, not inconsistent with the requirements of this regulation. The surety on such bond shall be a surety company approved by reasury Department of the United States for bonds executed to the United States, or any other form of indemnity may h bed in lieu thereof which is found by the Chief of the Bureau of Animal Industr; ington, D. C, to afford substantially equivalent protection. The amount of such bond shall be not less than the nearest multiple of Si, 000 rage amount of sales and/or purchases of livestock by such market i r dealer during two business days, based on the total number of the days, and the total amount of such sales and or purchases in the preceding 12 months, or in such part thereof in which such market agency or dealer did If any. For the purpose of this computation, 30S shall be deemed the num- ber of business days in a year, except that in those markets where livestock is offered for sale on not more than 2 days per week the actual Dumber of days in the preceding 12 months on which livestock was offered for sale shall be deemed the number of business days. In such instances the amount of the bond shall be not less than the nearest multiple of 81,000 above the average amount of sales and or furchases of livestock by such market agency or dealer during one business day. D a' iwever, the amount of bond shall be not less than $2,000; and when tales and or purchases, calculated as hereinbefore specified, exceed $50,000 mount of the bond need not exceed $50,000 plus 10 percent of the • Whenever the Chief of the Bureau of Animal Industry at Washington, 1). C, finds any bond required hereunder to be inadequate, such bond, upon notice, shall bo adjusted to meet the requirements of this regulation. Two or more market agencies or dealers or the employees or agents of such dealers, if such market agencies or dealers an- affiliated with the Bam< association or local exchange, may be covered by a Bingle bond In an amounl based on their combined purchases and/or sales determined in accordance with this regulation. All surety bonds, or their equivalents, shall contain a provision requiring that at Least 10 days' prior notice in writing be given to the Bureau of Animal Industry at Washington, D. C, by the party terminating such bonds or equivalents, in order to effect their termination. (c) No market agency or licensee shall make such use or disposition of funds in its possession or control as will endanger or impair the faithful and prompt accounting for and payment of such portion thereof as may be due the owner or consignor of livestock or of live poultry or other person having an interest therein, and to this end shall so handle all such funds as to prevent their being intermingled or confused with other accounts or funds of the market agency or licensee kept or used for other purposes. 18. The Chief of the Bureau of Animal Industry at Washington, D. C, shall perform for and under the supervision of the Secretary of Agriculture such duties as he may require in enforcing the act and these rules and regulations. 19. (a) In a proceeding in which many transactions are involved and reparation is claimed, the Secretary, after due notice and hearing, will find and determine the issues as to violations of the act, the injury thereby to complainant, and the right to reparation, and thereafter afford the parties opportunity to agree or make proof respecting the transactions and the amount of reparation due before entering an order awarding reparation. In such cases, testimony and exhibits bearing on the details of the transactions, and the amount of reparation on each, should not be produced at the hearing unless pertinent to develop other material facts. (b) When the Secretary finds that reparation is due in such cases, but that the amount cannot be ascertained upon the record before him, the complainant should immediately prepare a statement showing details of the transactions on which, reparation is claimed. The statement should not include any transactions not covered by the findings of the Secretary, or any transaction on which complaint- was not filed with the Secretary within the statutory period provided for in section 309 (a). The statement, together with any paid bills relevant to the transactions, or true copies thereof, should then be forwarded to the defendant for checking: and certification as to its accuracy. The certificate must be signed in ink by a, properly authorized officer of the defendant, and should cover all the information shown in the statement. (c) Statements so prepared and certified shall be filed with the Secretary, where- upon he will consider entry of an order for reparation. The filing of statements will not stop the running of the statute of limitations as to transactions not covered by complaint, or supplemental complaint. (d) All discrepancies, duplications, or other errors in the statements should be adjusted by the parties, and correct, agreed statements submitted to the Secretary. [Public, No. 51 — 67th Congress] (U. S. C, title 7, sees. 181-229) [H. R. 6320] AN ACT TO REGULATE INTERSTATE AND FOREIGN COMMERCE IN LIVESTOCK, LIVESTOCK PRODUCTS, DAIRY PRODUCTS, POULTRY* POULTRY PRODUCTS, AND EGGS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Title I.— Definitions This act may be cited as the "Packers and Stockyards Act, 1921." Sec. 2. (a) When used in this Act — (1) The term "person" includes individuals, partnerships, corporations, and associations; 50655°-3S 2 ■.i\" means the Secretary of Agriculture; I he term "meat food product-*' means all products and by-products of the htering and meat-packing industry if edible; I be term "livestock" means cattle, sheep, swine, horses, mules, or goats — what iicr Uve or dead; The term "livestock product-" means all product- and by-products (other than meat- and meat food product- of the slaughtering and meat-packing industry derived In whole or in part from Livestock; and The term "commerce" mean- commerce between any State, Territory, or -ion, or the District of Columbia, and any place OUtside thereof; or between Eoi ut- w it hin the -a me State, Territory, or possession, or the District of ( lolumbia, ut through any place out-ide thereof; or within any Territory or po ssess ion, or the I District of Columbia. the purpose of tin- Act 'hut not in anywi-e limiting the foregoing definition) a transaction in respect to any article -hall he considered to he in commerce if BUCfa article i- part of that current of commerce u-ual in the liv< and meat-packing industries, whereby Livestock, meats, meat food products, livestock product-, dairy products poultry, poultry product-, or eggs are -cut from one State with the expectation that they will end their transit, after purcha-e, in another, including, in addition to cases within the above general description, all oases when- purcha-e or -ale is either for -hipment to another State, or for Blaughter of livestock within the State and the shipment outride the State of the products resulting from such slaughter. Articles normally in such current of commerce -hall not he considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of thi- Act. For the purpose of this paragraph the word "State" include- Territory, the District of Columbia, possession of the United States, and foreign nation. Title II.— Packers Sec. 201. When used in this Act — The term "packer" means any person engaged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or preparing meat- or meat food products for sale or shipment in common (c) of manufacturing or preparing livestock products for Bale or shipment in commerce, or (d) of marketing meats, meat food products, livestock products, dairy products, poultry, poultry products, or eggs in commerce; but no person engaged in BUCh business of manufacturing or preparing livestock prodin in such marketing business shall be considered a packer unless — (1) Such person is also engaged in any business referred to in clause (a) or (b) above, or unless (2) Such person owns or controls, directly or indirectly, through stock own- ership or control or otherwise, by himself or through his agents, servant-, or employees, any interest in any business referred to in clause (a) or (b) above, or unless (3) Any interest in such business of manufacturing or preparing livestock products, r through their agents, servants, OX « mployee8, own or control in the aggregate 20 per centum or more of the voting power or control in BUCh business of manufacturing or preparing live- ,-tock products, or in such marketing business and also 20 per centum or more of such power or control in any business referred to in clause (a) or (b) above. 202. It shall be unlawful for any packer to: (a) Engage in or use any unfair, unjustly discriminatory, or deceptive prac- tice or de\ ice in commerce; or Make or give, in commerce, any undue or unreasonable preference or advantage to any particular person or locality in any re-pect whatsoever, or subject, in commerce, any particular person or locality to any undue or unrea- Bonable prejudice or disadvantage in any re-pect whatsoever; or <■ Sell or otherwise transfer to or for any other packer, or buy or other- wise receive from or for any other packer, any article for the purpose <>r with the effect of apportioning the supply in commerce between any such packer-, if .-uch apportionment ha- t ho tendency or effect of restraining commerce or of creating a monopoly in commerce; or (d) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in any article in commerce, or <»f restraining commerce; or (e) Engage in any course of business or do any act for the purpose <>r with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in any article in com- merce, or of restraining commerce; or (f) Conspire, combine, agree, or arrange with any other persons (1) to appor- tion territory for carrying on business in commerce, or (2) to apportion pur- chases or sales of any article in commerce, or (3) to manipulate or control prices in commerce; or (g) Conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). Sec. 203. (a) Whenever the Secretary has reason to believe that any packer has violated or is violating any provisions of this title, he shall cause a com- plaint in writing to be served upon the packer, stating his charges in that respect, and requiring the packer to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of crossexamination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may, on application, be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer, be adjourned for a period not exceeding fifteen days. (b) If, after such hearing, the Secretary finds that the packer has violated or is violating any provisions of this title covered by the charges, he shall make a report in writing in w T hich he shall state his findings as to the facts, and shall issue and cause to be served on the packer an order requiring such packer to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to w r riting and filed in the records of the Department of Agriculture. (c) Until a transcript of the record in such hearing has been filed in a circuit court of appeals of the United States, as provided in section 204, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer to be heard, may amend or set aside the report or order, in whole or in part. (d) Complaints, orders, and other processes of the Secretary under this sec- tion may be served in the same manner as provided in section 5 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. Sec. 204. (a) An order made under section 203 shall be final and conclusive unless within thirty days after service the packer appeals to the circuit court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer will pay the costs of the proceedings if the court so directs. (b) The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceed- ings, including the complaint, the evidence, and the report and order. If before such transcript is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) At any time after such transcript is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the packer and his officers, directors, agents, and employees, from violat- ing any of the provisions of the order pending the final determination of the appeal . (d) The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. 8 The proceedings in such eases In the circuit court of appeals shall be made a pre- ferred cause and shall be expedited in every m I he court may affirm, modify, or set aside the order of the Secretary. .:! determinet that the just and proper disposition of the case requires the taking of additional evidenoe, the court Bhall order the hearing to be i • taking of .such evidence, in Mich manner and upon .such terms ami conditions ui may deem proper. The Secretary may modify his findings as to the facts, or make new findings, bj tional evidence so taken, and he shall file such modified or new findings and bis recommendations, . for the modification or setting aside of his order, with the retui additional evid< If the circuit court of appeals affirms or modifies the order (jf • -hall operate a- an injunction to restrain the | ag< ate, and employees from violating the pro-. ich order as moiliiied. The circuit court of appeals shall I isive jurisdiction to review, and to affirm, ft or modify, BUCh orders of the Secretary, ami I of Mich court shall be final except that it shall he BUbject to review by the Supreme Court of the United Mates upon certiorari! as provided in section 210 <»: the Judicial Code, if such writ is duly applied for within sixty days after entry of the decree. The iss te of bi cfa writ shall not operate a.- a stay of t;. of the circuit court of appei m injunction* unless so ordered by the Supreme Court. (i) For the purposes of thifl title the term "circuit court of appeals," in case tlu- principal place of business of the packer is in the District of Columbia, means tlu' Court of Appeals of the District of Columbia. 205. Any packer, or any officer, director, agent, or employee of a packer, fails to obey any order of the Secretary issued under tlu- provisions of section 203, or such order as modified — (1) After the expiration of the time allowed for filing a petition in the circuit court of appeals to set aside or modify such order, if no such petition has filed within such time; or \ i the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustain* d by the circuit court of appeals and no such writ has been applied for within such time: or (3) After such order, or such order as modified, lias been sustained by the courts as provided in section 20 1: shall on conviction be fined nol I nor more than $10,000, or imprisoned for not less than six months nor mor. live years, or both. Each day during which such failure continues shall be (h em< d a separate offei Title III.— Stockyards Sec. 301. When used in this Act — (a) The term "stockyard owner" means any person engaged in the business of conducting or operating a stockyard: (b) The term "stockyard services' ' means services or facilities furnished at a stockyard in connection with the receiving, buying, or selling on a conm. or otherwise, marketing, feeding, watering, holding, delivery, shipment, weighing, or handling, in conm* roe, of livestock; The term "> arket agency" means any person engaged in the business of lying or selling in commerce livestock at a stockyard on a commit or (2) furnishing Bt< ckyard services; and (d) The term "dealer" means any person, not a market agency, engaged in the business of buying or selling in commerce livestock at a stockyard, either on his own account or as 1 he employee or agent of the vendor or purchai . 302. (a) When used in this title the term "stockyard" means any place, establishment, or facility commonly known as stockyards, conducted or operated mpensation or profit as a public market, consisting of pens, or other inclo- SUrea, and their appurtenances, in which live cat: ie. Bheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce. This title shall not apply t" a Btockyard of which the area normally available for handling ck. exclusive of runs, alleys, or pflflffflgm ways, is lees than twenty thousand square f« et. (b) The Secretary shall from time to time ascertain, after such inquiry as he deem- . ckyards which come within the foregoing definition, and shall give notice thereof to the stockyard owners concerned, and give public 9 -notice thereof by posting copies of such notice in the stockyard, and in such other manner as he may determine. After the ^ii\ ing of such notice to the stockyard owner and to the public, the stockyard shall remain subject to the provisions of this title until like notice is given by the Secretary that such stockyard no longer comes within the foregoing definition. Sec. 303. After the expiration of thirty days after the Secretary has given public notice that any stockyard is within the definition of section 302, by post ing copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless he has registered with the Secretary under such rules and regulations as the Secretary may prescribe, his name and address, the character of business in which he is engaged, and the kinds of stockyard services, if any, which he furnishes at such stockyard. Whoever violates the provisions of this section shall 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. Sec. 304. l It shall be the duty of every stockyard owner and market agency to furnish upon reasonable request, without discrimination, reasonable stockyard services at such stockyard: Provided, That in any State where the weighing of livestock at a stockyard is conducted by a duly authorized department or agency of the State, the Secretary, upon application of such department or agency, may register it as a market agency for the weighing of livestock received in such stock- yard, and upon such registration such department or agency and the members thereof shall be amenable to all the requirements of this act, and upon failure of such department or agency or the members thereof to comply with the orders of the Secretary under this act he is authorized to revoke the registration of such department or agency and to enforce such revocation as provided in section 315 of this act. Sec. 305. All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner or market agency shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful. Sec. 306. (a) Within sixty days after the Secretary has given public notice that a stockyard is within the definition of section 302, by posting copies of such notice in the stockyard, the stockyard owner and every market agency at such stockyard shall file with the Secretary, and print and keep open to public inspection at the stockyard, schedules showing all rates and charges for the stock- yard services furnished by such person at such stockyard. If a market agency commences business at the stockyard after the expiration of such sixty days such schedules must be filed before any stockyard services are furnished. (b) Such schedules shall plainly state all such rates and charges in such detail as the Secretary may require, and shall also state any rules or regulations which in any manner change, affect, or determine any part or the aggregate of such rates or charges, or the value of the stockyard services furnished. The Secretary may determine and prescribe the form and manner in which such schedules shall be prepared, arranged, and posted, and may from time to time make such changes in respect thereto as may be found expedient. (c) No changes shall be made in the rates or charges so filed and published, except after ten days' notice to the Secretary and to the public filed and published as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into effect; but the Secretary may, for good cause shown, allow changes on less than ten days' notice, or modify the requirements of this section in respect to publishing, posting, and filing of schedules, either in particular instances or by a general order applicable to special or peculiar circum- stances or conditions. (d) The Secretary may reject and refuse to file any schedule tendered for filing which does not provide and give lawful notice of its effective date, and any schedule so rejected by the Secretary shall be void and its use shall be unlawful. (e) Whenever there is filed with the Secretary any schedule, stating a new rate or charge, or a new regulation or practice affecting any rate or charge, the Secretary may either upon complaint or upon his own initiative without complaint, at once, and, if he so orders, without answer or other formal pleading by the person filing such schedule, but upon reasonable notice, enter upon a hearing concerning the lawfulness of such rate, charge, regulation, or practice, and pending such hearing and decision thereon the Secretary, upon filing with such schedule and delivering to the person filing it a statement in writing of his reasons for 1 Amended by an act of Congress approved May 5, 1926. 10 Mirli - . schedule and defer the use eh rate, charge, regulation, or practice, but not tot a Longer period than thirty days beyond the time when it would otherwise ^" into effect; and after full bearing, whether completed before or after the rate, el. ilation, <e proper in a proceeding initiated after it had become effective. If any Mich hearing can noi be concluded within the period of suspension, the n\ ma\ extend the tin pension for a further period not exceeding thirty days, and if the proceeding has not been concluded and an order ma bion of such thirty days, the prop regulation, or practice Bhall no into effect at the end of such period. \ft< r th« n of the sixty days referred to in subdivisi< shall carry on the business of a stockyard owner or market agency unless the rate- and charges for the stockyard services furnished at the Btockyard have been tiled and published in accordance with this section and the orders of the tary made thereunder; nor charge, demand, or collect a greater or l< different compensation for such services than the rates and charges specified in chedules filed and in effect at the time: nor refund or remit in any manner any portion of the rates or chart pecified (hut this shall not prohibit a cooperative association of producers from bona fide returning to it- members, on a patronage basis, it - an .\.v- on their livestock, subject to such regula as the Secretary may pn icril ctend to an\ person at - ...yard any Btockyard services except Buch as are specified in such schedules. Whoever fail- to comply with the provisions of this Bection or of regulation or order of the Secretary made thereunder -hall be liable to a penalty of not more than $500 tor each such offense, and not more than $25 for each day it continues, which shall accrue to the United State- and may be recovered in a civil action brought by tin- United State-. (h) Whoever willfully fails to comply with the provisions of this section or of anv 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. Sec. 307. It shall be the duty of every Btockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regula- tions and practice^ in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatory regulation or practice is prohibited and declared to be unlawful. . 308. (a) If any stockyard owner, market agency, or dealer violates of the provisions of sections 304, 305, 306, or 307, or of any order of the Secre- tary 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 viola- tion. (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 remedi* s now existing at common law or by statute, but the provisions of this act are in addition to such remedies. Sec, 309. (a) Any person complaining of anything done or omitted to be done b\ any stock yard bWBer, market agency, or dealer (hereinafter 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 -hall be forwarded by the Secretary to the defendant, who shall be called Upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be -pecified by the Secretary. If the defendant within the time specified makes reparation for the injury alleged to be done he shall be relieved of liability to the complainant only for the particular violation thus complained of. If the defend- ant 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 meant as he deems proper. The Secretary, at the request of the livestock commissioner, board of agri- culture, or other agency of a State or Territory having jurisdiction over stock- yard- in such State or Territory, shall investigate any complaint forwarded hy SUCb agency in like manner and with the same authority and [lowers as in the case of a complaint made under subdivision (a). 11 (c) The Secretary may at any time institute an inquiry on his own motion, in any case and as to any mutter or tiling concerning which a complaint is au- thorized to be made to or before the Secretary, by anj provision of this title, or concerning which any question may arise under any of the provisions of this title, or relating to the enforcement of any of the provisions of this title. The Secre- tary shall have the same power and authority to proceed with any inquiry insti- tuted upon his own motion as though he had been appealed to by petition, includ- ing 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. (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 com- plainant 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 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 be unjust, unreasonable, or discriminatory, the Secretary — (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, 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 finds that it does or will exist; (2) shall not thereafter publish, demand, 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 practice so prescribed. Sec. 311. Whenever in any investigation under the provisions of this title, or in any investigation instituted by petition of the stockyard owner or market agency concerned, which petition is hereby authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner or market agency, for 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 livestock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in livestock on the one hand and interstate or foreign commerce in livestock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in livestock, 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 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. 12 U shall be unlawful for any stockyard owner, market agency, e any unfair, unjustly discriminatory, or deceptive practice or device in connection with the receiving, marketing;, buying or selling on a I feeding, watering, holding, delivery, ship- ment, weighing or handling, in commerce at a stockyard, of livestock. v. ■ never complaint ia made to the Secretary by any person, or whenever the secretary hai reason to believe, that a jrard owner, market ag ; er is violating the provisions or subdivision (a , the 81 tfter nol ice 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. oepl as otherwise provided in "tins Act, all order- of the Secretary under this title, other than orders for the paymenl of money, shall take effect within such reasonable time, not less than five ds scribed in the order, and shall continue in force until his further order, or for a Specified period of time, according a- is pre s cr i bed 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. 311. (a) Any stockyard owner, market agency, or dealer who knowingly fail- to obey any order made under the provisions of sections 31(1. 311, or 312 shall forfeit to the United States the sum of $600 for each offense. Each dis- tinct violation shall be a separate offense, and in case of a continuing violation each day shall he deemed a separate offense. Such forfeiture shall he recover- able in a civil suit in the name of the Tinted States. (b) It shall be the duty of the various district attorneys, under the direction of the Attorney General, to prosecute for the recovery of forfeitures. The and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Sec. 315. It any stockyard owner, market agency, or dealer fails 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 thereby, or the United B by its Attorney General, may apply to the district court for the district in which such person has his 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, manda- tory or otherwise, to restrain such person, his officers, agents, or r ep r e s e ntatives from further disobedience of such order or to enjoin upon him or them obedience to the same. Sec. 316. For the purposes of this title, the provisions of all laws relating to the suspending or restraining the enforcement, operation, 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. 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 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 memo- randa 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. . 402. For the efficient execution of the provisions of this Act, and in order to provide information for the use of Congress, the provisions (including penalties <>f sect ions (i, S, 9, and 10 of the Act entitled "An Act to create a F< Trade Commission, to define its powers and duties, and for other purp approved September 20, 1014, 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. The Secretary, in person or by such ngents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part ^f the united States. 13 Sec. 403. When construing and enforcing the provisions of fchis Act, the 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 ease also be deemed the act, omission, or failure of Buch packer, stockyard owner, market agency, or dealer, as well as that of Buch agent, officer, or other pi i Sec. 404. The Secretary may repori any violation of this Act to the Attorney General of the United States, who shall cause appropriate proceedings to he 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 existing law's against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, the Interstate Commerce Act as amended, the Act entitled "An Act to promote export 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 twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other pur- poses,' " approved February 12, 1913, or (b) To alter, modify, or repeal such Acts or any part or parts thereof, or (c) To prevent or interfere with any investigation, proceeding, or prosecu- tion begun and pending at the time this Act becomes effective." Sec. 406. (a) Nothing in this Act shall affect the power or jurisdiction of the Interstate Commerce Commission, nor confer upon the Secretary concurrent power or jurisdiction over any matter within the pow T er or jurisdiction of such Commission. (b) On and after the enactment of this Act, and so long as it remains in effect, the Federal Trade Commission shall have no power or jurisdiction so far as relating to any matter w-hich by this Act is made 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 powers 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 Secre- tary of Agriculture in the exercise of his duties hereunder, shall request of the said Federal Trade Commission that it make investigations and report in any case. Sec. 407. The Secretary may make such rule, regulations, and 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, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensa- tion of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, tele- grams, telephones, law books, books of reference, periodicals, furniture, sta- tionery, 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 appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. Sec. 408. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Approved, August 15, 1921. 14 (Public — No. 272 — 74th Congress] IB. 12] AN ACT TO AMEND THE PACKERS AND STOCKYARDS ACT Be I \7 tlie 8enait and House of h'tpresentatives of the United States of i a$$etnbUd\ That the Act to regulate int eommeroe In livestock, livestock products, dairy products, \> >ultry products, and I I fur other puipOSOS, approved AUgUSl 16, I title 7. sees. i v hereby amended by the addition of the following title: "Title V. — Live Poultry Dealers and Handlers N 601. The handling of the meat volume of live poultry requin nn article of food for the Inhabitants of large centers «>f population ant with various unfair, deceptive, and fraudulent suiting in the prod . .ndry losses and receiving prices far I the reasonable value of their live poultry in comparison with prices of Commodities and in unduly and arbitrarily enhancing the COSl t.< I Such practices and devices are an undue restraint and unjust burden upon State Commerce and are a matter of such grave concern to the : -'id to the public as to make it Imperative that steps be taken to free Buch commerce from such burden and restraint and to protect producers and consumers against such practices and dei ic< 02. (a) Tl. ^ try of Agriculture is authorized ai ascertain from time to time and to the cities where such practices and d 'it stated in the preceding section and the ms and places in or near such cities where live poultry is recefr I han- dled in sufficient quantity to constitute an important Influence on the supply and price of live poultry and poultry products. On and after the effective date of such designation, which shall be publicly announced by the Secretary by publication in one or more trade journals or in the daily press or in such manner as he may determine to be adequate for the purpose approximately thirty days prior to such date, no person other than pack' ifined in title II of said Act and railroads shall engage in, furnish, or conduct any servic facility in any such designated city, place, or market in connection with the receiving, buying, or selling, on a commission basis or otherwise, marketing, feeding, watering, holding, delivering, shipping, weighing, unloading, load ■ trucks, trucking, or handling in commerce of live poultry without a license from eretary of Agriculture as herein authorized valid and effi such time. Any person who violates any provision of this subsection shall be subject fine of not more than $500 or imprisonment of not more than six months, or both. "(b) Any person desiring a license shall make application to the Secretary, who may by regulation prescribe the information to be contained in such ap- plication. The Secretary shall issue a license to any applicant furnishing the [red information unless he finds after opportunity for a hearing thai applicant is unfit to engage in the activity for which he has made application by reason of his having at any time within two years prior to his applic . Whenever the Secretary determines, aft rtunity f heaiing, that any License) iolated or is violating any of the provisions of He, tic may publish the fact- and oircumstanees of such violation and by older suspend the License of such offender for a period not to exceed ninety days and if the violation is flagrant or repeated he may by order revoke the lice:. Mender." Approved. August 1 1, 1935. 15 EXTRACTS FROM FEDERAL TRADE COMMISSION ACT AN ACT TO CREATE A FEDERAL TRADE COMMISSION, TO DEFINE ITS POWERS AND DUTIES, AND FOR OTHER PURPOSES ******* Sec. 4. That the words defined in this section shall have the following meaning when found in this Act, to wit: "Commerce" means commerce among the several States or with foreign nations, 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 and State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. "Corporation" means any company or association, incorporated or unincor- porated, which is organized to carry on business for profit and has shares of capital or capital stock, and any company or association, incorporated or unin- corporated, without shares of capital or capital stock, except partnerships, which is organized to carry on business for its own profit or that of its members. "Documentary evidence" means all documents, papers, and correspondence in existence at and after the passage of this Act. "Acts to regulate commerce" means the Act entitled "An Act to regulate commerce," approved February fourteenth, eighteen hundred and eighty-seven, and all acts amendatory thereof and supplementary thereto. "Antitrust acts" means the Act entitled "An Act to protect trade and com- merce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety; also the sections seventy-three to seventy-seven, inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved August twenty-seventh, eighteen hundred and ninety-four; and also the Act entitled "An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to pro- vide revenue for the Government, and for other purposes,' " approved February twelfth, nineteen hundred and thirteen. ******* Sec. 6. That the Commission shall also have power — (a) To gather and compile information concerning and, to investigate from time to time the organization, business, conduct, practices, and management of any corporation engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, and its relation to other corporations and to individuals, associations, and partnerships. (b) To require, by general or special orders, corporations engaged in com- merce, excepting banks, and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organi- zation, business, conduct, practices, management, and relation to other corpora- tions, partnerships, and individuals of the respective corporations filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commission may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may pre- scribe, unless additional time be granted in any case by the Commission. (c) Whenever a final decree has been entered against any defendant cor- poration in any suit brought by the United States to prevent and restrain any violation of the antitrust acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be its duty to make such investiga- tion. It shall transmit to the Attorney General a report embodying its findings and recommendations as a result of any such investigation, and the report shall be made public in the discretion of the Commission. (d) Upon the direction of the President or either House of Congress to investi- gate and report the facts relating to any alleged violations of the antitrust acts by any corporation. (e) Upon the application of the Attorney General to investigate and make recommendations for the readjustment of the business of any corporation alleged to be violating the antitrust acts in order that the corporation may thereafter maintain its organization, management, and conduct of business in accordance with law. 1G ({) To make public from time to time such portions of the information (1 by it hereunder, ezoepl trade - of customers, as it shall edient la the public Interest; and to make annui reports to the Congress and to submit therewith recommendal addi- tional legislation; and to provide for the publication of its i In Buch form and mam . for public inform and i | • time to tin Ify corporal ions and ro the purpose of carrying ou1 the piw ihi I >m time to time, tradi combinations, or mer- chant or other condition-, may affect th< f the United States, and to report to I thereon, with lations h isable. ******* ral departments and bureaus of the Government directed by the President shall furnish the Commission, ii] : information in their | ny corporation Bubjecl to any of the pn of this Act, and Bhall detail from time to time buco officials and employees to the Commission m he may d i o. That for the purposes of this Act the Commission, or its duly author- • or agents, shall at all reasonable times have aoc pox- of examination, and the right to copy any documentary evidence of any corporation being investigated or proceeded against: ai have power to require by subpoena the attendance and testimony of witi and the production of all such documentary evkk under investigation. Any member of the Commission may e members and i of the Commission may administer oaths and affirms- ine witnesses, and receive evidence. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the Unit nated place of hearing. And in case of disobedience to a tin' ('..m- >n may invoke the aid of any court of the United - requiring the attendance and testimony of witnesses and the production of documentary evidei Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refu- asub] 1 to any corporation or other person, issue an order requiring ration or other person to appear before the Commission, or to pr< documentary evidence if so ordered, or to give evidence touching the matter in question: and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the Commission made in •pursuance thereof. Commission may order testimony to be taken by deposition in any pro- ceeding or investigation pending under this Act at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Such testu shall be reduce! to writing by the person taking the deposition, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and wit- - whose depositions are taken and the persons taking the same shall severally titled to the same fees as are paid for like services in the courts of the ! States. No person shall be excused from attending and testifying or from producing documentary evidence before the Commission or in obedience to the Mibpcena of the Commission on the ground or for the reason that the testimony or evi- dence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. Hut no natural person shall be prose- cuted or subjected to any penalty or forfeiture for or on account of any transaction, 17 matter, or thine; concerning which he may testify, or produce evidence, documen- tary or otherwise, before the Commission In obedience fco a subpoena issued by it: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Sec. 10. That any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in obedience to the subpoena or lawful requirement of the Com- mission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this Act, or wmo shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any corporation subject to this Act or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such corporation, or who shall willfully refuse to submit to the Commission or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of such corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or + o imprisonment for a term of not more than three years, or to both such fine and imprisonment. If any corporation required by this Act to file any annual or special report shall fail so to do within the time fixed by the Commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall 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 corporation 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 forfeitures. The costs and ex- penses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Any officer or employee of the Commission who shall make public any infor- mation obtained by the Commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court. Sec. 11. Nothing contained in this Act shall be construed to prevent or inter- fere 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 alter, modify, or repeal the said antitrust acts or the acts to regulate commerce or any part or parts thereof. APPENDIX 1 An act of Congress approved June 29, 1937, (Public No. 173, 75th Congress) entitled "An Act making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1938, and for other purposes," contains the following provision: "Packers and Stockyards Act: For necessary expenses in carrying out the pro- visions of the Packers and Stockyards Act, approved August 15, 1921 (U. S. C, title 7, sees. 181-229), as amended by the Act of August 14, 1935 (U. S. C, supp. II, title 7, sees. 218-218d), $381,879: Provided, That the Secretary of Agriculture may require reasonable bonds from every market agency and dealer, under such rules and regulations as he may prescribe to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds any registrant is insolvent or has violated any provisions of said Act he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or 18 mod;: I aside bj the Secretary of Agriculture or a court of competent jurisdiction: Providt , That the Secretary of Agriculture may, wh< ■ • the charging and collection from owners of a reasonable fee for the inspection of brands appearing upon lii i the provisions of the said Act Tor the purpose of determining the ownership of such livestock: ■ rthrr, That Mich fee .shall not DC Imp pt upon written ft made to ihe Secretary of Agriculture by the board of Livestock Com: or duly organised livestock association of the 6 >m which such liv» riginated or been shipped to marl APPENDU 2 oiiDi.it PROMULGATING BULBS OP PSACTICB TO GOVERN PBOCEEDINGS 0NDBB THE PACKERS IND STOCKYARDS ACT.UZ1. AS AMENDED Pursuant to authority conferred upon me by law (5 U. 8. < aid 7 I, li. A. Wallace, Secretary of Agriculture, do hereby pro- mulgate the following rules of practice to govern proceedings arising under the Packers and Stockyards Act, 1921, a- amended: 1. Any complaint under section . . and any notice of Inquiry Issued under section 806 (e), 809 b , 309(c), 311, or -101, and any petition filed pursuanl to section and any order to show cause why an application for license should not b r why a ; mid not be suspended or revoked, ! under Bection 502 (b) or section 505, shall state, briefly and clearl; facts complained of, in the case of a complaint or petition, or the matters cerning which the notice of Inquiry or order to show ca . ■!. A person against whom a complaint, or to whom a notice of inquiry or order to cause, is Issued shall be designated as the respondent, and a person against whom a petition is tiled shall be designated as the defendant. 2. The complaint, petition, notice of inquiry, or order to show all be assigned a docket or file numl>er and the proceedings had thereunder shall there- after be referred to by such number. 3. The complaint, petition, notice of inquiry, or order to show i ill be served upon the respondent or defendant by an employee of the Department of Agriculture or by registered mail, return receipt requested. If the respondent or defendant is a corporation, service shall be had upon the president, seer, treasurer, or statutory agent of the corporation. 4. When a petition is filed against a stockyard owner, market agen: dealer, the defendant, if he wishes to deny or explain any of the allegations con- tained therein, shall file with the Secretary, within 20 days after the receipt of the petition, an answer in duplicate signed by the defendant or his attorney. If the defendant is a corporation the answer shall be signed by the president, secre- tary, treasurer, or attorney of the corporation. The answer shall be so drawn as fully and completely to state the nature of the defense and shall admit or specifically and in detail each material and relevant allegation of the petition. One copy of the answer shall be forwarded by the Secretary to the petitioner. 5. After the expiration of the period for the filing of an answer by a defendant against whom a petition has been filed, the Secretary shall set a time and place for a hearing and shall give due notice thereof to the defendant and t petitioner. 6. The Secretary shall set a time and place for a hearing upon any complaint, notice of inquiry, or order to show cause issued under the act. 7. The Secretary shall designate an employee of the Departim ^ricul- ture as examiner to conduct the hearing, and such examiner may. in accordance with the rules of evidence applicable to administrative proceedings, admit or exclude any evidence presented and may limit the scope of any evidence admitted. Parties may appear in person or by counsel. All persons who appear at the hear- lUSt conform to the standards of ethical conduct required of practitioners the courts of the United States. pt in the case of an order to show cause why an application for license under title V of the act should not be denied, in which case the applicant for ■ Deed first, the party instituting a proceeding shall proceed first at the hearing. The testimony of the witnesses at the hearing shall be upon oath or affirmation administered by the examiner. 19 Copies of the records of the Department of Agriculture, certified under the seal of the Department, shall be admissible to the same extent that the original records would be admissible. The deposition of any witness, taken after reasonable notice to the opposite party and at a time and place and before a person designated for the purpose by the Secretary, shall be admitted if the evidence is otherwise admissible. Affidavits, if relevant and material, may, in the discretion of the examiner, be admitted, but the Secretary will consider the lack of opportunity for cross- examination in determining the weight that shall be given to such affidavits. Hearsay evidence may, in the discretion of the examiner, be admitted even though it does not come within any well-recognized exception to the hearsay rule, but the Secretary will determine what weight shall be given to such evidence. The form of the introduction of evidence shall not be a ground for objecting to such evidence. When practicable to do so, a copy of each exhibit shall be furnished to the opposing party either before or at the time of its introduction. Judicial notice, on request, will be taken of such matters as are noticed by the courts of the United States. If a party objects to the admission of any evidence offered against him or the rejection of any evidence offered by him, or to the limitation of the scope of any evidence introduced by him, he shall state the grounds of such objection. If the objection is overruled, he may take an exception. 8. At the hearing, the Department shall be represented by an attorney desig- nated by the Solicitor of the Department. 9. At the conclusion of the hearing, the examiner shall announce the period of time within which briefs may be filed following the receipt by the respondent or defendant and the petitioner, if any, of the tentative findings of fact and the tentative order, as set out in paragraph 10. 10. The examiner, within a reasonable time after the conclusion of the hear- ing, shall prepare tentative findings of fact and a tentative order, which shall be served upon, or sent by registered mail to, the respondent or defendant and the petitioner, if any. 11. Within 20 days after the receipt of the tentative findings of fact and the tentative order (unless the time is extended by the Solicitor of the Department of Agriculture), any party who wishes to take exceptions to any matters set out therein shall transmit his exceptions to the Solicitor. At the same time, the party shall transmit a brief statement concerning each of the exceptions to the actions of the examiner at the hearing, as set out in paragraph 7, upon which he wishes to rely. If exception is taken to any tentative finding of fact, reference must be made to the pages or parts of the record relied upon and a corrected finding of fact must be submitted. A party, if he files exceptions, shall state in writing whether he desires to make an oral argument on the exceptions before the Secretary. 12. In the event that an oral argument before the Secretary is requested, a date for such argument shall be fixed by the Secretary or by the Under Secretary or Assistant Secretary, if designated by the Secretary to act in his stead. 13. If oral argument is heard in any proceeding by the Secretary or Acting Secretary, the final order in the proceeding shall be issued by the person who heard the argument. 14. An application for rehearing, reargument, reconsideration, or modification of a final order must be made by petition filed in duplicate with the Secretary. The petition must state specifically the grounds relied upon. A copy of any such application filed by a petitioner or defendant shall be transmitted by the Secretary to the adverse party. In the event that a rehearing is granted by the Secretary, or a hearing is ordered upon a petition for the modification of a final order, the applicable rules of procedure, as set out herein, shall be followed. This order shall be effective on and after the 28th day of September 1936. In testimony whereof, I have hereunto set my hand and caused the official seal of the Department of Agriculture to be affixed this 14th day of September 1936. H. A. Wallace, Secretary of Agriculture. o