페이지 이미지
PDF
ePub

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.

The commission may order testimony to be taken by deposition in any proceeding 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 testimony shall be reduced 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 witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpona of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before the commission in obedience to a subpæna 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 subpæna or lawful requirement of the commission, 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 who 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 mutilitate, 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 to 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 expenses 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 information 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 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 alter, modify, or repeal the said antitrust acts or the acts to regulate commerce or any part or parts thereof.

Approved, September 26, 1914.

Section 3.-Overman Act.

OVERMAN ACT.

Public No. 152, 65th Congress.

(In effect, May 20, 1918.) An Act Authorizing the President to coordinate or consolidate executive bureaus, agencies, and offices

and for other purposes, in the interest of economy and the more efficient concentration of the Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the national security and defense, for the successful prosecution of the war, for the support and maintenance of the Army and Navy, for the better utilization of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the land and naval forces the President is hereby authorized to make such redistribution of functions among execut agencies as he may deem necessary, including any functions, duties, and powers hitherto by law conferred upon any executive department, commission, bureau, agency, office, or officer, in such manner as in his judgment shall seem best fitted to carry out the purposes of this Act, and to this end is authorized to make such regulations and to issue such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and constitute a public record: Provided, That this Act shall remain in force during the continuance of the present war and for six months after the termination of the war by the proclamation of the treaty of peace, or at such earlier time as the President may designate: Provided further, That the termination of this Act shall not affect any act done or any right or obligation accruing or accrued pursuant to this Act and during the time that this Act is in force: Provided further, That the authority by this Act granted shall be exercised only in matters relating to the conduct of the present war.

Sec. 2. That in carrying out the purposes of this Act the President is authorized to utilize, coordinate, or consolidate any executive or administrative commissions, bureaus, agencies, offices, or officers now existing by law, to transfer any duties or powers from one existing department, commission, bureau, agency, office, or officer to another, to transfer the personnel thereof or any part of it either by detail or assign

ment, together with the whole or any part of the records and public property belonging thereto.

Sec. 3. That the President is further authorized to establish an executive agency which may exercise such jurisdiction and control over the production of aeroplanes, aeroplane engines, and aircraft equipment as in his judgment may be advantageous; and, further, to transfer to such agency, for its use, all or any moneys heretofore ap. propriated for the production of aeroplanes, aeroplane engines, and aircraft equipment.

SEC. 4. That for the purpose of carrying out the provisions of this Act, any moneys heretofore and hereafter appropriated for the use of any executive department, commission, bureau, agency, office, or officer shall be expended only for the purposes for which it was appropriated under the direction of such other agency as may be directed by the President hereunder to perform and execute said function.

Sec. 5. That should the President, in redistributing the functions among the executive agencies as provided in this Act, conclude that any bureau should be abolished and it or their duties and functions conferred upon some other department or bureau or eliminated entirely, he shall report his conclusions to Congress with such recommendations as he may deem proper.

Sec. 6. That all laws or parts of laws conflicting with the provisions of this Act are to the extent of such conflict suspended while this Act is in force.

Upon the termination of this Act all executive or administrative agencies, depart. ments, commissions, bureaus, offices, or officers shall exercise the same functions, duties, and powers as heretofore or as hereafter by law may be provided, any authorization of the President under this Act to the contrary notwithstanding

Approved, May 20, 1918.

TITLE II.

CENTRAL ORGANIZATION.

Section 1.-Appointment of the United States Fuel Administrator. Executive order of the President of the United States, dated August 23, 1917, Issued as

Publication No. 1 of the United States Fuel Administration, Appointing H. A. Garfield, United States Fuel Administrator.

By virtue of the power conferred upon me under the act of Congress approved August 10, 1917, entitled “An act to provide further for the national security and defense by encouraging the production conserving the supply, and controlling the distribution of food products and fuel," and particularly for the purpose of carrying into effect the provisions of said act relating to fuel, Harry A. Garfield is hereby designated and appointed United States Fuel Administrator to hold office during the pleasure of the President.

Said Fuel Administrator shall supervise, direct, and carry into effect the provisions of said act and the powers and authority therein given to the President so far as the same apply to fuel as set forth in said act, and to any and all practices, procedure, and regulations authorized under the provisions of said act applicable to fuel, including the issuance, regulation, and revocation under the name of said United States Fuel Administrator of licenses under said act. In this behalf he shall do and perform such acts and things as may be authorized and required of him from time to time by direction of the President and under such rules and regulations as may be prescribed.

Said Fuel Administrator shall also have the authority to employ such assistants and subordinates, including such counsel as may from time to time be deemed by him necessary, and to fix the compensation of such assistants, subordinates, and counsel.

All departments and established agencies of the Government are hereby directed to cooperate with the United States Fuel Administrator in the performance of his duties as hereinbefore set forth.

WOODROW WILSON. The White House, 23 August, 1917.

Section 2.-Appointment of Assistant United States Fuel

Administrator.

Appointment by United States Fuel Administrator of Mr. Cyrus Garnsey, Jr., as head

of the Administrative Division of the Fuel Administration and Assistant United States Fuel Administrator, dated May 3, 1918, and confirmation thereof by the President of the United States.

May 3, 1918. To Heads of all Divisions and Sections:

I have today appointed Mr. Cyrus Garnsey, Jr., as Assistant United States Fuel Administrator.

Mr. Garnsey was formerly Chairman of Committee on Prices of the Fuel Administration. He will be located temporarily in Room 155.

As Assistant Administrator Mr. Garnsey will be in general charge of all administrative work and of all functions other than those relating to the apportionment of fuels and to transportation. He will be authorized to act for the United States Fuel Administrator during the absence of the latter.

More specifically the functions of the Assistant Administrator are to supervise the administrative functions centered in the Business Manager, legal matters, the fixing of operators', jobbers' and retail prices, Conservation, Public Information, and the work of the State Administrators. He will coordinate the work of these bureaus, both among themselves and with the work of the Distribution Division and of the Oil Division.

H. A. GARFIELD,

United States Fuel Administrator. OFFICE OF THE U.S. FUEL ADMINISTRATOR,

Washington, D. C., May 17, 1918. DEAR MR. PRESIDENT: It gives me pleasure to submit for your confirmation the appointment of Cyrus Garnsey, Jr., as head of the Administrative Division of the Fuel Administration. Mr. Garnsey, as you know, has served most effectively and devotedly on the Engineers' Committee and has rendered great service in recommending the mine prices for all the coal produced throughout the United States. He is able to render still greater service to the Administration in his new capacity.

Further, I desire to appoint him Assistant Administrator, and will appreciate your approval of this designation. Cordially and faithfully yours,

H. A. GARFIELD. PRESIDENT WOODROW Wilson, The White House, Washington, D. C.

The White House,

Washington, 20 May, 1918. MY DEAR GARFIELD: I have your letter of May seventeenth and am very glad to confirm the appointment of Mr. Garnsey as head of the Administrative Division of the Fuel Administration and as Assistant Administrator. I am heartily glad you have found a man to your mind. Cordially and faithfully yours,

WOODROW Wilson. Dr. H. A. GARFIELD,

Fuel Administration.

Section 3.-Transfer to United States Fuel Administration of Portion

of the Coal Section of the Federal Trade Commission.

Erecutive order of the President of the United States dated July 3, 1918, Transferring a

Portion of the Coal Section of the Federal Trade Commission to the United States Fuel Administration.

Whereas, in order to avoid duplication of effort and to promote unity and concentration of control in the administration of the provisions of Section 25 of the Act of Congress approved August 10, 1917, entitled, “An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel,” certain activities now being carried on by the Federal Trade Commission relating to the coal industry can and ought to be carried on by the United States Fuel Administration.

Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the authority vested in me as Chief Executive, and by virtue of the powers conferred on me by the Act of Congress, entitled, “An Act authorizing the President to coordinate or consolidate executive bureaus, agencies and offices, and for other purposes, in the interest of economy and the more efficient concentration of the Government," approved May 20, 1918, do hereby order and direct:

1. That all records, files, reports, copies of contracts, correspondence, papers and proceedings on file or deposited with the Federal Trade Commission relating to coal or coke, and under and in compliance with the provisions of Section 25 of said Act approved August 10, 1917, or the orders, rules and regulations of the United States Fuel Administrator (excepting such as relate to costs of coal mine operations and to general research into the coal industry), be transferred forthwith from the Federal Trade Commission to the United States Fuel Administration.

2. That that part of the personnel of the Federal Trade Commission engaged in such activities hereinabove described and now transferred is hereby detailed or assigned to the United States Fuel Administration.

3. That the books, correspondence, records, and papers in any way referring to transactions of any kind relating to the mining, production, sale or distribution of coal or coke, and not hereby transferred, shall, at all times, be subject to inspection by the United States Fuel Administrator and by his duly authorized agents, examiners, employees, assistants and subordinates, together constituting the governmental organization called the United States Fuel Administration.

4. That all persons, partnerships and corporations engaged in the production or distribution of coal or coke shall promptly furnish, whenever called for, to the United States Fuel Administrator, or his duly authorized agents, examiners, employees, assistants and subordinates, any data or information relating to the business of such persons, partnerships or corporations engaged in the production or distribution of coal or coke.

5. That the said United States Fuel Administrator is hereby authorized to procure information in reference to the business of coal and coke producers and distributors in the manner provided for in Sections 6 and 9 of the Act of Congress approved September 26, 1914, entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," and said United States Fuel Administration, acting through the United States Fuel Administrator, or his duly authorized agents, examiners, employees, assistants and subordinates, is hereby authorized and empowered to exercise all the powers granted to the Federal Trade Commission by said Act approved September 26, 1914, for the carrying out of the purposes of this order.

« 이전계속 »