Secs. 309 and 810 -may make necessary regulations. -annual publi cation of de (4) May make regulations necessary for the efficient execution of the functions vested in it by this title; and (5) Shall at least annually collect and publish the cisions and reg decisions and regulations of the Labor Board and the Adjustment Boards and all court and administrative decisions and regulations of the Commission in respect to this title, together with a cumulative index-digest thereof. ulations, with digest. Parties may be heard in person or by counsel. witnesses subpœnas. books and papers. Depositions. SEC. 309. Any party to any dispute to be considered by an Adjustment Board or by the Labor Board shall be 41 Stat. L., 472. entitled to a hearing either in person or by counsel. Attendance of SEC. 310. (a) For the efficient administration of the functions vested in the Labor Board by this title, any 41 Stat. L., 472. member thereof may require, by subpoena issued and signed by himself, the attendance of any witness and the Production of production of any book, paper, document, or other evidence from any place in the United States at any designated place of hearing, and the taking of a deposition before any designated person having power to administer oaths. In the case of a deposition the testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed to by the Member of deponent. Any member of the Labor Board may administer oaths minister oaths and examine any witness. Any witness summoned before the board and any witness whose depoIsition is taken shall be paid the same fees and mileage as are paid witnesses in the courts of the United States. board may ad and examine witness. Witness fees and mileage. Courts to give of testimony. (b) In case of failure to comply with any subpoena ald in production or in the case of the contumacy of any witness appearing before the Labor Board, the board may invoke the aid of any United States district court. Such court may thereupon order the witness to comply with the requirements of such subpoena, or to give evidence touching the matter in question, as the case may be. Any failure to obey such order may be punished by such court as a contempt thereof. Production incriminating testimony. Immunity witness. of (c) No person shall be excused from so attending and testifying or deposing, nor from so producing any book, paper, document, or other evidence on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him of 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, as to which in obedience to a subpoena and under oath, he may so testify or produce evidence, documentary or otherwise. Secs. 311 and 312 But no person shall be exempt from prosecution and punishment for perjury committed in so testifying. and correspond copying. SEC. 311. (a) When necessary to the efficient adminis- Access to books tration of the functions vested in the Labor Board by this ence. title, any member, officer, employee, or agent thereof, 41 Stat. L., 472. duly authorized in writing by the board, shall at all reasonable times for the purpose of examination have access to and the right to copy any book, account, record, paper, or correspondence relating to any matter which the board Penalty for obis authorized to consider or investigate. Any person who structing access or upon demand refuses any duly authorized member, officer, employee, or agent of the Labor Board such right of access or copying, or hinders, obstructs, or resists him in the exercise of such right, shall upon conviction thereof be liable to a penalty of $500 for each such offense. Each day during any part of which such offense continues shall constitute a separate offense. Such penalty shall be recoverable in a civil suit brought in the name of the United States, and shall be covered into the Treasury of the United States as miscellaneous receipts. Federal officers formation. (b) Every officer or employee of the United States, and employees to whenever requested by any member of the Labor Board supply record inor an Adjustment Board duly authorized by the board for the purpose, shall supply to such board any data or information pertaining to the administration of the functions vested in it by this title, which may be contained in the records of his office. Transfer of doc uments to Labor (c) The President is authorized to transfer to the Labor Board any books, papers, or documents pertain- Board. ing to the administration of the functions vested in the board by this title, which are in the possession of any agency, or railway board of adjustment in connection therewith, established for executing the powers granted the President under the Federal Control Act and which are no longer necessary to the administration of the affairs of such agency. Continuance in fective at close of effect of wages of Federal control. 41 Stat. L., 473. SEC. 312. Prior to September 1, 1920, each carrier shall pay to each employee or subordinate official thereof wages or salary at a rate not less than that fixed by the decision of any agency, or railway board of adjustment in connection therewith, established for executing the powers granted the President under the Federal Control Act, in effect in respect to such employee or subordinate official immediately preceding 12.01 a. m. March 1, 1920. Any carrier acting in violation of any provi- Penalty. Secs. 313-316 Penalty. Investigation of violations of de or Adjustment Board. sion of this section shall upon conviction thereof be liable to a penalty of $100 for each such offense. Each such action with respect to any such employee or subordinate official and each day or portion thereof during which the offense continues shall constitute a separate offense. Such penalty shall be recoverable in a civil suit brought in the name of the United States, and shall be covered into the Treasury of the United States as miscellaneous receipts. SEC. 313. The Labor Board, in case it has reason to cisions of Labor believe that any decision of the Labor Board or of an Adjustment Board is violated by any carrier, or employee 41 Stat. L., 473. or subordinate official, or organization thereof, may upon its own motion after due notice and hearing to all persons directly interested in such violation, determine whether in its opinion such violation has occurred and make public its decision in such manner as it may determine. Administrative machinery of Labor Board. SEC. 314. The Labor Board may (1) appoint a secretary, who shall receive from the United States an annual salary of $5,000; and (2) subject to the provisions of the civil-service laws, appoint and remove such 41 Stat. L., 473. officers, employees, and agents; and make such expenditures for rent, printing, telegrams, telephone, law books, books of reference, periodicals, furniture, stationery, office equipment, and other supplies and expenses, including salaries, traveling expenses of its members, secretary, officers, employees, and agents, and witness fees, as are necessary for the efficient execution of the functions vested in the board by this title and as may be provided for by Congress from time to time. All of the expenditures of the Labor Board shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chairman of the Labor Board. Appropriation. SEC. 315. There is hereby appropriated for the fiscal year ending June 30, 1920, out of any money in the 41 Stat. L., 473. Treasury not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be expended by the Labor Board, for defraying the expenses of the maintenance and establishment of the board, including the payment of salaries as provided in this title. Powers and duties of Board of SEC. 316. The powers and duties of the Board of Mediation and and Mediation and Conciliation created by the Act approved Conciliation lim Ited. Stat. L., 474, July 15, 1913, shall not extend to any dispute which may be received for hearing and decision by any Adjustment Board or the Labor Board. TITLE IV.--AMENDMENTS TO INTERSTATE COMMERCE ACT. [Title IV, sections 400 to 441, inclusive, contain amendments to the Interstate Commerce Act, which have been incorporated in the appropriate sections therein, ante, pages 7-79.] Sec. 500 velop water trans clared. SEC. 500. It is hereby declared to be the policy of Policy to deCongress to promote, encourage, and develop water trans-portation, doportation, service, and facilities in connection with the 41 Stat. L., 499. commerce of the United States, and to foster and preserve in full vigor both rail and water transportation. Investigation by Secretary of transportation fa It shall be the duty of the Secretary of War, with the object of promoting, encouraging, and developing inland War as to waterwaterway transportation facilities in connection with the cilities commerce of the United States, to investigate the appropriate types of boats suitable for different classes of such waterways; to investigate the subject of water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, apparatus, equipment, and appliances in connection therewith, and also railroad spurs and switches connecting with such terminals, with a view to devising the types most appropriate for different locations, and for the more expeditious and economical transfer or interchange of passengers or property between carriers by water and carriers by rail; to advise with communities, cities, and Cooperation with municipal towns regarding the appropriate location of such ter- governments. minals, and to cooperate with them in the preparation of plans for suitable terminal facilities; to investigate the existing status of water transportation upon the different inland waterways of the country, with a view to determining whether such waterways are being utilized to the extent of their capacity, and to what extent they are meeting the demands of traffic, and whether the water carriers utilizing such waterways are interchanging traffic with the railroads; and to investigate any other matter that may tend to promote and encourage inland water transportation. It shall also be the province and duty of the Secretary of War to compile, publish, and distribute, Dissemination from time to time, such useful statistics, data, and infor- to inland watermation concerning transportation on inland waterways ways. Sec. 1 "Inland waterway" includes Great Lakes. of section 10 of ferred. as he may deem to be of value to the commercial interests of the country. The words "inland waterway" as used in this section shall be construed to include the Great Lakes. Effective date SEC. 501. The effective date on and after which the Clayton Act de- provisions of section 10 of the Act entitled "An Act to 41 Stat. L., 499. supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, shall become and be effective is hereby deferred and extended to January 1, 1921: Provided, That such extension shall not apply in the case of any corporation organized after January 12, 1918. Exception. Invalidity of part of act not to SEC. 502. That if any clause, sentence, paragraph, or affect remainder. part of this Act shall for any reason be adjudged by any 41 Stat L., 499. court of competent jurisdiction to be invalid such judgment shall not affect, impair, or invalidate the remainder of the Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment has been rendered. Laws included in this Act. CLAYTON ANTITRUST ACT. [Certain provisions from the Act of October 15, 1914.] SEC. 1. That "antitrust laws," as used herein, includes the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety; 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," of August twenty-seventh, eighteen hundred and ninety-four; an 38 Stat L., 730 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 purposes,'" approved February twelfth, nineteen hundred and thirteen; and also this Act. "Commerce" defined. "Commerce," as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign naInsular posses- tion, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory sions included. |