« ΠροηγούμενηΣυνέχεια »
Repealing provision-Existing rights, liabilities,
&c., not affected. SEC. 72. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed, but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal or modifications; but all rights and liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modifications had not been made. Any offenses committed and all penalties or forfeitures or liabilities incurred prior to the passage of this Act under any statute embraced in or changed, modified, or repealed by this Act may be prosecuted or punished in the same manner and with the same effect as if this Act had not been passed. All Acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in or modified, changed, or repealed by this Act shall not be affected thereby; and all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to the passage of this Act, may be commenced and prosecuted within the same time and with the same effect as if this Act had not been passed: And provided further, That nothing in this Act shall be construed to repeal the provisions of section three thousand and fifty-eight of the Revised Statutes as amended by the Act approved February twenty-third, eighteen hundred and eighty-seven, in respect to the abandonment of merchandise to underwriters or the salvors of property, and the ascertainment of duties the on.
Trusts, &c., in restraint of import trade declared void. Sec. 73. That every combination, conspiracy, trust, agreement, or contract is hereby declared to be contrary to public policy, illegal, and void, when the same is made by or between two or more persons or corporations either of whom is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who is or shall hereafter be engaged in the im
portation of goods or any commodity from any foreign country in violation of this section of this Act, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and, on conviction thereof in any court of the United States, such person shall be fined in a sum not less than one hundred dollars and not exceeding five thousand dollars, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.
Sec. 74. That the several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of section seventy-three of this Act; and it shall be the duty of the several district attorneys of the Uuited States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petitions setting forth the case and praying that such violations shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.
Sec. 75. That whenever it shall appear to the court before which any proceeding under the seventy-fourth section of this Act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpænas to that end may be served in any district by the marshal thereof.
Sec. 76. That any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section seventy-three of this Act, and being in the course of transportation from one State to another, or to or from a Territory, or the District of Columbia, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.
SEC. 77. That any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this Act may sue therefor in any circuit court of the
United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Received by the President August 15, 1894.
[Note by the Department of State. —The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.)
ACT OF DECEMBER 15, 1894.
An Act to enable the Secretary of the Treasury to remit or
mitigate fines, penalties, and forfeitures. The act amends Section 5294 of the Revised Statutes, supra, which see, as amended.
ACT OF FEBRUARY 11, 1895.
As Act changing the name of Georgetown, in the District of
Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act all that part of the District of Columbia embraced within the bounds and now constituting the city of Georgetown, as referred to in said acts of February twenty-first, eighteen hundred and seventy-one, and June twentieth, eighteen hundred and seventy-four, shall no longer be known by the name and title in law of the city of Georgetown, but the same shall be known as and shall constitute a part of the city of Washington, the Federal Capital; and all general laws, ordinances, and regulations of the city of Washington be, and the same are hereby, extended and made applicable to that part of the District of Columbia formerly known as the city of Georgetown; and all general laws, regulations, and ordinances of the city of Georgetown be, and the same are hereby, repealed; that the title and existence of
said Georgetown as a separate and independent city by law is hereby abolished, and that the Commissioners of the District of Columbia be, and they are hereby, directed to cause the nomenclature of the streets and avenues of Georgetown to conform to those of Washington so far as practicable. And the said Commissioners are also directed to have the squares in Georgetown renumbered, so that no square shall hereafter bear a like number to any square in the city of Washington: Provided, That nothing in this Act shall operate to affect or repeal existing law making Georgetown a port of entry, except as to its name.
ACT OF JANUARY 8, 1895.
An Act to exempt the articles of foreign exhibitors at the Port
land Universal Exposition, at Portland, Oregon, from the payment of duties.
Whereas there will be held in the city of Portland, and county of Multnomah, State of Oregon, from and after December first, eighteen hundred and ninety-four, an exposition to be known as the Portland Universal Exposition, in which foreign nations and foreign exhibitors have been invited and have agreed to participate: Therefore
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all articles which shall be imported from foreign countries for the sole purpose of exhibition at said exposition, upon which there shall be a tariff or customs duty, shall be admitted free of payment of duty, customs fees, or charges, under such regulations as the Secretary of the Treasury shall prescribe; and all articles which have been imported from foreign countries and which have been on exhibition at the World's Columbian Exposition at Chicago, or which have been on exhibition at the California Midwinter International Exposition, or at the Interstate Fair at Tacoma, Washington, upon which there is a tariff or customs duty and which have been heretofore admitted free of the payment of duty, customs fees, or charges, may, under regulations prescribed by the Secretary of the Treasury, be transferred to the city of Portland, in the State of Oregon, for the sole purpose of exhibition at said exposition.
SEC. 2. That it shall be lawful at any time during such exposition to sell for delivery at the close of the exposition
any of the goods or property imported for, and actually on exhibition in the exposition buildings or on its grounds, subject to such regulations for the security of the revenue and for the collection of import duties as the Secretary of the Treasury shall prescribe: * Provided, That all such articles when sold or withdrawn for consumption in the United States shall be subject to the duty, if any, imposed upon such articles by the revenue laws in force at the date of sale; and all penalties prescribed by law shall be enforced and applied against such articles and against the persons who may be guilty of any illegal sale or withdrawal thereof.
Sec. 3. That all of the provisions of public resolution numbered thirty, entitled “Joint Resolution authorizing foreign exhibitors at the World's Columbian Exposition to bring to this country foreign laborers from their respective countries for the purpose of preparing for and making their exhibits," approved August fifth, eighteen hundred and ninety-two, are hereby extended to and made applicable to said Portland Universal Exposition to the same extent as if said exposition was therein specifically named.
JOINT RESOLUTION OF MARCH 1, 1895.
Joint Resolution in reference to the free zone along the northern
frontier of Mexico and adjacent to the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and is hereby, authorized and directed to suspend the operation of section three thousand and five of the Revised Statutes, in so far as the same permits goods, wares, and merchandise to be transported in bond through the United States into the free zone of Mexico, so long as the Mexican free-zone law exists: Provided, That nothing herein contained shall be construed so as to prevent the transportation of merchandise in bond to be delivered at points in the territory of Mexico beyond the limits of said free zone.
This resolution does not interfere with warehousing or transportation of merchandise with examination and withdrawals for exportation to any part of Mexico. It simply repeals transit privilege for goods to free zone. (T. D. 15760). Sections 3002, 3003 and 3004 Revised Statutes, supra, now govern the exportation of goods in bond to Mexico (T. D. 15771, 15792).