(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 costs and expense of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. (Aug. 15, 1921, c. 64, § 314, 42 Stat. 167.) Notes of Decisions 1. Construction.-This section and sections 213, 214 and 216, of this title, do not provide that the practice declared unlawful shall constitute an offense, or subject an agency or dealer to a forfeiture. Pre requisites to liability are a hearing, upon notice, an adverse finding, an order to desist, and a disobedience of the order. U. S. v. Brown (D. C. Okl. 1925) 4 F.(2d) 270. $216. Court proceedings to enforce orders; injunction. If 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 States 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, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order or to enjoin upon him or them obedience to the same. (Aug. 15, 1921, c. 64, § 315, 42 Stat. 167.) Notes of Decisions 1. Construction.-This section and sections 213-215, ante, of this title, do not provide that the practice declared unlawful shall constitute an offense, or subject an agency or dealer to a forfeiture. Pre requisites to liability are a hearing, upon notice, an adverse finding, an order to desist, and a disobedience of the order. U. S. v. Brown (D. C. Okl. 1925) 4 F. (2d) 270. § 217. Proceedings for suspension of orders. For the purposes of sections 201 to 217 inclusive of this chapter, 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 sections 201 to 217 inclusive of this chapter, and to any person subject to the provisions of sections 201 to 217 inclusive of this chapter. (Aug. 15, 1921, c. 64, § 316, 42 Stat. 168.) Historical Note See historical note under section 210, ante, of this title. Notes of Decisions 1. Review.-A direct appeal to the Su- Stockyards Act. Stafford v. Wallace (Ill. preme Court may be taken from the re- 1922) 42 S. Ct. 397, 258 U. S. 495, 66 L. Ed. fusal of an interlocutory injunction 735, 23 A. L. R. 229. against orders under the Packers and COMMON PROVISIONS § 221. Accounts and records of business; punishment for failure to keep. 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 memoranda 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. (Aug. 15, 1921, c. 64, § 401, 42 Stat. 168.) § 222. Federal Trade Commission powers adopted for enforcement of chapter. For the efficient execution of the provisions of this chapter, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 46, 48, 49, and 50 of Title 15, Commerce and Trade, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this chapter and to any person subject to the provisions of this chapter, whether or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States. (Aug. 15, 1921, c. 64, § 402, 42 Stat. 168.) Historical Note See historical note under section 210, ante, of this title, as to limitation on word "chapter." § 223. Responsibility of principal for act or omission of agent. When construing and enforcing the provisions of this chapter, the act, 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 case also be deemed the act, omission, or failure of such packer, stockyard owner, market agency, or dealer, as well as that of such agent, officer, or other person. (Aug. 15, 1921, c. 64, § 403, 42 Stat. 168.) Historical Note See historical note under § 210, ante, of this title, for limitation upon word "chapter." § 224. Attorney General to institute court proceedings for enforcement. The Secretary may report any violation of this chapter to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. (Aug. 15, 1921, c. 64, § 404, 42 Stat. 168.) Historical Note See historical note to section 210, ante, of this title, as to limitation upon word "chapter." $ 225. Other laws unaffected. Nothing contained in this chapter, except as otherwise provided herein, shall be construed— (a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of sections 1 to 27 inclusive, sections 61 to 65 inclusive, Title 15, "Commerce and Trade," or the provisions of chapter 1, Title 49, "Transportation," or (b) To alter, modify, or repeal such sections or any part or parts thereof, or (c) To prevent or interfere with any investigation, proceeding, or prosecution begun and pending on August 15, 1921. (Aug. 15, 1921, c. 64, § 405, 42 Stat. 168.) § 226. Powers of Interstate Commerce Commission unaffected. Nothing in this chapter 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 power or jurisdiction of such commission. (Aug. 15, 1921, c. 64, § 406, 42 Stat. 169.) Historical Note This section is subdivision (a) of § 406 of the Packers and Stockyards Act, 1921, cited under section 181 of this title. Subdivision (b) of said section 406 will be found as section 227, post, of this title. § 227. Powers of Federal Trade Commission restricted. So long as this chapter remains in effect, the Federal Trade Commission shall have no power or jurisdiction so far as relating to any matter which by this chapter is made subject to the jurisdiction of the Secretary except when the Secretary 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. (Aug. 15, 1921, c. 64, § 406, 42 Stat. 169.) Historical Note This section is a part of subdivision (b) of section 406 of the Packers and Stockyards Act, 1921, cited under section 181 of this title. The provision of this section omitted from the Code provided for jurisdiction of the Federal Trade Commission in cases in which, before Aug. 15, 1921, complaint had been served under section 5 of the act entitled. "An act to create a Federal Trade Commission, to define its power 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" [see sections 21 and 45 of Title 15, Commerce and Trade]. See, also, note under section 226, ante, of this title. § 228. General authority of Secretary as to rules, regulations, and expenditures. The Secretary may make such rules, regulations and orders as may be necessary to carry out the provisions of this chapter 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 compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia,. printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel and other supplies and expenses as shall be necessary to the administration of this chapter 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. (Aug. 15, 1921, c. 64, § 407, 42 Stat. 169.) Historical Note The sum of $480,000 was set aside for purpose of carrying this chapter into effect by the appropriation act for the Department of Agriculture for the fiscal year ending June 30, 1926 [43 Stat. 851]. Of this amount $160,220 was to be available for personal services in the District of Columbia. The Comptroller General was author ized and directed to credit the accounts of the disbursing clerk of the Department of Agriculture with payment heretofore or hereafter made for expert service under existing agreements entered into by the Secretary of Agriculture in connection with investigations under this act by a provision of the deficiency appropriation act of March 4, 1925, c. 556, 43 Stat. 1327. $229. Effect of partial invalidity. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Aug. 15, 1921, c. 64, § 408, 42 Stat. 169.) Sec. CHAPTER 10.-WAREHOUSES 241. Short title of chapter. Sec. 259. Receipts for products stored gen 260. 261. 242. Terms defined; "warehouse"; "per- 244. License to warehouseman generally. 248. License to person not warehouse- 249. Action on bond by person injured. 250. Designation as bonded warehouse. 251. Fee for inspection of warehouse or for license; disposition of moneys. erally. Contents of receipts. Issuance of further receipt, original outstanding. Delivery of products stored on de- 264. Records of products stored; reports 266. Publication of general investigation 267. Examination of books, records, etc., of warehousemen. 252. License to classify, grade, or weigh 268. Rules and regulations by Secretary agricultural products. of Agriculture. 253. Suspension and revocation of license 269. State and other laws not affected; to classify, grade, or weigh. 254. Discrimination by warehouseman prohibited. 255. Deposits of products deemed made subject to chapter. enforcement of State laws. 270. Punishment generally for violation of provisions of chapter; reimbursement of owner of products converted. 256. Inspection and grading of products 271. Employment by Secretary of tempostored. rary assistance. 257. Standards for agricultural products. 272. Effect of partial invalidity of chap258. Mingling products stored. |