ports concerning crop or market information or conditions that affect or tend to affect the price of grain in interstate commerce, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both, together with the costs of prosecution. 1922, c. 369, § 9, 42 Stat. 1003.) Historical Note See historical note under sections 1 and 7, ante, of this title. Notes of Decisions 1. Constitutionality.-This section declaring it to be a misdemeanor for a member of a board of trade, designated as a "contract market," to fail to evidence any contract mentioned in § 6 of this title by a written record as therein required, was held to be constitutional. Chicago Board of Trade v. Olsen (Ill. 1923) 262 U. S. 1, 43 S. Ct. 470, 67 L. Ed. 839, holding further that the constitutionality of that part of this section providing punishment for delivering through the mails, or in (Sept. 21, terstate means of communication, false or misleading crop or market reports, was not involved in the case. It was further held in this case that the constitutionality of this section, providing for the punishment of any one knowingly or carelessly delivering through the mails or any other interstate means of communications false or misleading market reports, will not be determined until some one is charged with an offense thereunder and brought to trial therefor. Id. 814. Violations previous to November 1, 1922, not punishable. No fine or imprisonment shall be imposed for any violation of this chapter occurring before the 1st day of November, 1922. (Sept. 21, 1922, c. 369, § 11, 42 Stat. 1003.) Historical Note Prior to its incorporation into the Code this section read as follows: "No fine or imprisonment shall be imposed for any violation of this Act occurring before the first day of the second month following its passage." See historical note to section 1, ante, of this title. § 15. Provisions of Interstate Commerce Act made applicable. For the purpose of securing effective enforcement of the provisions of this chapter, the provisions, including penalties, of section 12 of Title 49, Transportation, relating to the attendance and testimony of witnesses, the production of documentary evidence, and the immunity of witnesses, are made applicable to the power, jurisdiction, and authority of the Secretary of Agriculture, the said commission, or said referee in proceedings under this chapter, and to persons subject to its provisions. (Sept. 21, 1922, c. 369, § 6, 42 Stat. 1101.) Historical Note See historical note to sections 1 and 7, ante, of this title. § 16. Cooperation by Secretary with other agencies, Government, State, etc.; appointment, removal, and compensation of officers and agents; expenses; appropriation. The Secretary of Agriculture 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 there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. (Sept. 21, 1922, c. 369, § 12, 42 Stat. 1003.) Historical Note See historical note to section 1, ante, of this title. For current appropriation for the enforcement of the provisions of this chapter, see Agricultural Appropriation Act for fiscal year 1926, Act Feb. 10, 1925, c. 200, 43 Stat. 852. $ 17. Effect of partial invalidity of chapter. 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. (Sept. 21, 1922, c. 369, § 10, 42 Stat. 1003.) Historical Note See historical note to section 1, ante, of this title. Notes of Decisions 1. Partial invalidity.-In Chicago Board of Trade v. Olsen (Ill. 1923) 262 U. S. 1, 43 S. Ct. 470, 67 L. Ed. 839, it was held that the constitutionality of provisions forbidding use of the mails or interstate means of communication, to offer or accept sales for future delivery, except through members of the board of trade was not involved, since the plaintiffs were not affected by them, and under this section invalidity of part of act was not to affect invalidity of remainder. (Mar. Section 51. Short title of chapter. This chapter shall be known by the short title of "United States Cotton Standards Act." 4, 1923, c. 288, § 1, 42 Stat. 1517.) $ 52. Use of nonofficial standards prohibited; sales by sample excepted. It shall be unlawful (a) in or in connection with any transaction or shipment in commerce made after August 1, 1923, or (b) in any publication of a price or quotation determined in or in connection with any transaction or shipment in commerce after August 1, 1923, or (c) in any classification for the purposes of or in connection with a transaction or shipment in commerce after August 1, 1923, for any person to indicate for any cotton a grade or other class which is of or within the official cotton standards of the United States then in effect under this chapter by a name, description, or designation, or any system of names, description, or desig 1 nation not used in said standards: Provided, That nothing herein shall prevent a transaction otherwise lawful by actual sample or on the basis of a private type which is used in good faith and not in evasion of or substitution for said standards. (Mar. 4, 1923, c. 288, § 2, 42 Stat. 1517.) Historical Note See historical note to section 51, ante, of this title. § 53. Licensing classifiers; revocation and suspension of license. The Secretary of Agriculture may, upon presentation of satisfactory evidence of competency, issue to any person a license to grade or otherwise classify cotton and to certificate the grade or other class thereof in accordance with the official cotton standards of the United States. Any such license may be suspended or revoked by the Secretary of Agriculture whenever he is satisfied, after reasonable opportunity afforded to the licensee for a hearing, that such licensee is incompetent or has knowingly or carelessly classified cotton improperly, or has violated any provision of this chapter or the regulations thereunder so far as the same may relate to him, or has used his license or allowed it to be used for any improper purpose. Pending investigation the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without a hearing. (Mar. 4, 1923, c. 288, § 3, 42 Stat. 1517.) Historical Note See historical note to section 51, ante, of this title. § 54. Classification by Department of Agriculture; certification thereof; effect of certificate; regulations for classification. Any person who has custody of or a financial interest in any cotton may submit the same or samples thereof, drawn in accordance with the regulations of the Secretary of Agriculture, to such officer or officers of the Department of Agriculture, as may be designated for the purpose pursuant to the regulations of the Secretary of Agriculture for a determination of the true classification of such cotton or samples, including the comparison thereof, if requested, with types or other samples submitted for the purpose. The final certificate of the Department of Agriculture showing such determination shall be binding on officers of the United States and shall be accepted in the courts of the United States as prima facie evidence of the true classification or comparison of such cotton or samples when involved in any transaction or shipment in commerce. The Secretary of Agriculture shall fix rules and regulations for submitting samples of cotton for classification providing that all samples shall be numbered so that no one interested in the transaction involved shall be known by any classifier engaged in the classification of such cotton samples. (Mar. 4, 1923, c. 288, § 4, 42 Stat. 1517.) Historical Note See historical note to section 51, ante, of this title. § 55. Charges for licenses and classifications; disposition of moneys. The Secretary of Agriculture may cause to be collected such charges as he may find to be reasonable for licenses issued to classifiers of cotton under section 53 and for determinations made under section 54 of this chapter, and the amounts so collected shall be used by the Secretary of Agriculture in paying expenses of the Department of Agriculture connected therewith. (Mar. 4, 1923, c. 288, § 5, 42 Stat. 1518.) Historical Note See historical note to section 51, ante, of this title. § 56. Establishment of cotton standards; furnishing copies of established standards sold. The Secretary of Agriculture is authorized to establish from time to time standards for the classification of cotton by which its quality or value may be judged or determined for commercial purposes, which shall be known as the official cotton standards of the United States. Any such standard or change or replacement thereof shall become effective only on and after a date specified in the order of the Secretary of Agriculture establishing the same, which date shall be not less than one year after the date of such order: Provided, That the official cotton standards established, effective August 1, 1923, under the United States Cotton Futures Act, constituting chapter 13 of Title 26, Internal Revenue, shall be at the same time the official cotton standards for the purpose of this chapter unless and until changed or replaced under this chapter. Whenever any standard or change or replacement thereof shall become effective under this chapter, it shall also, when so specified in the order of the Secretary of Agriculture, become effective for the purposes of the United States Cotton Futures Act constituting chapter 13 of Title 26, Internal Revenue, and supersede any inconsistent standard established under said sections. Whenever the official cotton standards of the United States established under this chapter shall be represented by practical forms the Department of Agriculture shall furnish copies thereof, |