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38 States had not assumed control of transportation systems; but in any such case the court having jurisdiction may, upon the application of the United States, stay execution of final judgment or decree until such time as it shall deem proper. Approved March 21, 1918. [ P u b lic —No. 126— 65 t h C o n g r e s s ] [H. R. 2316] An Act To promote export trade, and for other purposes 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 com merce in goods, wares, or merchandise exported, or m 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 such goods, wares, or merchandise, or any act in the course of such produc tion, manufacture, or selling for consumption or for resale. 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 Ter ritory 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. S ec . 2. That nothing contained in the Act entitled “An Act to pro tect trade and commerce against unlawful restraints and monopolies” , approved July second, eighteen hundred and ninety, shall be construed as declaring to be illegal an association entered into for the sole pur pose 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 sucn association, provided such asso ciation, 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, understanding, 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 associa tion, or which substantially lessens competition within the United States or otherwise restrains trade therein. Seo. 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, snail be construed to forbid the acqui 39 sition 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. S e c . 4. That the prohibition against “ unfair methods of competi tion” and the remedies provided for enforcing said prohibition con tained in the Act entitled “An Act to create a Federal Trade Com mission, to define its powers and duties, and for other purposes” , approved September twenty-sixth, nineteen hundred and fourteen, shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in export trade, even thougn the acts constituting such unfair methods are done without the territorial jurisdiction of the United States. S ec. 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 whicn engages solely in export trade, within thirty days after its creation, shall file with the Federal Trade Com mission a verified written statement setting forth 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 if a corporation, a copy of its certificate or articles of incorporation and by-laws, and if unincorporated, 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 certificate of incorporation or in its articles or contract of associa tion. It shall also furnish to the commission such information as the commission may require as to its organization, business, conduct, practices, management, and relation to other associations, corpora tions, partnerships, and individuals. Any association which shall fail so to do shall not have the benefit of the provisions 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 snail be the duty o f the various district attorneys, under the direc tion 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 else where has entered into any agreement, understanding, or conspiracy, or done any act which artificially or intentionally enhances or de presses prices within the United States o f commodities of the class exported by such association, or which substantially lessens compe- 40 tition 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 recommenda tions for the readjustment of its business, in order that it may there after maintain its organization and management and conduct its business in accordance with law. I f 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 be 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 wAn Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes.” Approved April 10,1918. (EXTRACT FROM) [P ublic— No. 181— 65th C ongress] Enforcement of antitrust laws: For the enforcement of antitrust laws, including not exceeding $15,000 for salaries of necessary em ployees at the seat of government, $100,000 : Provided, however, That no part of this money shall be spent in the prosecution of any organ ization or individual for entering into any combination or agreement having in view the increasing o f wages, shortening of hours, or bet tering the conditions of labor, or for any act done in furtherance thereof not in itself unlawful: Provided further, That no part of this appropriation shall be expended for the prosecution of producers of farm products and associations of farmers who cooperate and organ ize in an effort to and for the purpose to obtain and maintain a fair and reasonable price for their products. Approved July 1,1918. (EXTRACT FROM) [ P ublic —No. 21— 66t h C ongress] Enforcement of antitrust laws: For the enforcement of antitrust laws, including not exceeding $15,000 for salaries of necessary em ployees at the seat of government, $100,000: Provided, however, That no part of this money shall be spent in the prosecution of any organi sation or individual for entering into any combination or agreement having in view the increasing of wages, shortening of hours or better ing the conditions of labor, or for any act done in furtherance thereof, not in itself unlawful: Provided further, That no part o f this appro priation shall be expended for the prosecution of producers o f farm products and associations of farmers who cooperate and organize in an effort to and for the purpose to obtain and maintain a fair and reasonable price for their producta. Approved July 19,1919.
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