(3) Any interest in such business of manufacturing or preparing livestock products, or in such marketing business is owned or controlled, directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents, servants, or employees, by any person engaged in any business referred to in clause (a) or (b) above, or unless (4) Any person or persons jointly or severally, directly or indirectly, through stock ownership or control or otherwise, by themselves or through their agents, servants, or employees, own or control in the aggregate 20 per centum or more of the voting power or control in such business of manufacturing or preparing livestock products, or in such marketing business and also 20 per centum or more of such power or control in any business referred to in clause (a) or (b) above. (Aug. 15, 1921, c. 64, § 201, 42 Stat. 160.) § 192. Unlawful practices enumerated. It shall be unlawful for any packer to: (a) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in commerce; or (b) Make or give, in commerce, any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject, in commerce, any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; or (c) Sell or otherwise transfer to or for any other packer, or buy or otherwise receive from or for any other packer, any article for the purpose or with the effect of apportioning the supply in commerce between any such packers, if such apportionment has the tendency or effect of restraining commerce or of creating a monopoly in commerce; or (d) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article in commerce, or of restraining commerce; or (e) Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article in commerce, or of restraining commerce; or (f) Conspire, combine, agree, or arrange with any other person (1) to apportion territory for carrying on business in commerce, or (2) to apportion purchases or sales of any article in commerce, or (3) to manipulate or control prices in commerce; or (g) Conspire, combine, agree or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). (Aug. 15, 1921, c. 64, § 202, 42 Stat. 161.) § 193. General procedure before Secretary for violations; complaint; hearing; intervention; report and order; service of process. (a) Whenever the Secretary has reason to believe that any packer has violated or is violating any provision of sections 191 to 195 inclusive of this chapter, he shall cause a complaint in writing to be served upon the packer, stating his charges in that respect, and requiring the packer to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer, be adjourned for a period not exceeding fifteen days. (b) If, after such hearing, the Secretary finds that the packer has violated or is violating any provisions of sections 191 to 195 inclusive of this chapter covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer an order requiring such packer to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. (c) Until a transcript of the record in such hearing has been filed in a circuit court of appeals of the United States, as provided in section 194 of this chapter, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer to be heard, may amend or set aside the report or order, in whole or in part. (d) Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of Title 15, Commerce and Trade. (Aug. 15, 1921, c. 64, § 203, 42 Stat. 161.) Notes of Decisions 1. Proposed violation as requiring action by Secretary of Agriculture.-The terms of this Act do not require the Secretary of Agriculture to take any action with regard to the proposed purchase by one of the five largest meat-packing concerns of the physical assets of another of these five largest packing concerns. The Act vests the Secretary of Agriculture with broad powers of inquiry, but he is not required to take any formal action unless he has reason to believe that the law has been violated or is being violated. (1922) 33 Op. Atty. Gen. 373, wherein it is said. "It is my opinion that the 'Packers and Stockyards Act, 1921,' is essentially a regulatory Act and that the duties and powers of the Secretary of Agriculture thereunder are to regulate the industry included within its provisions. Neither the Act itself nor the regulation provided for therein contemplates or requires that you should advise the industry in regard to such a transaction in advance of its consummation. "In the opinion in the case of Stafford and others v. Wallace and others, decided by the Supreme Court of the United States, May 1, 1922, Mr. Chief Justice Taft said: "The language of the law shows that what Congress had in mind primarily was to prevent such conspiracies by supervision of the agencies which would be likely to be employed in it. * Congress interstate commerce prejudicially.' (42 S. Ct. 397, 258 U. S. 495, 66 L. Ed. 735, 23 A. L. R. 229.) "The act in section 203 [this section] provides that when you have reason to believe that any packer has violated or is violating the provisions of that Act you should proceed to issue a complaint and conduct a hearing and if you find that the packer has violated or is violating such act you shall render a report of the facts and issue an order requiring the packer to cease and desist from continuing such violation. The provisions of the Federal Trade Commission Act are carried into the 'Packers and Stockyards Act, 1921' for the purpose, as expressed therein, of enabling the efficient execution of the provisions of the 'Packers and Stockyards Act, 1921,' and in order to provide information for the use of Congress. This does not seem to broaden the purposes or the essential powers conferred by the 'Packers and Stockyards Act, 1921.' The language used in the 'Packers and Stockyards Act, 1921,' makes it clear to me that the Act does not require you to take any formal action unless you have reason to believe that the law has been violated or is being violated. To constitute a violation of the law within the meaning of this Act there must be something more than a mere statement of what a person or corporation contemplates. "In answer to your question as to whether the terms of the 'Packers and Stockyards Act, 1921,' contemplate any action on your part in connection with the proposed purchase of physical assets, am of opinion that the Act vests you with broad powers of inquiry and that you may make such inquiry." § 194. Conclusiveness of order; appeal and review; temporary and final injunction. (a) An order made under section 193 of this chap ter shall be final and conclusive unless within thirty days after service the packer appeals to the circuit court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer will pay the costs of the proceedings if the court so directs. (b) The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, and the report and order. If before such transcript is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) At any time after such transcript is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the packer and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. (d) The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way. (e) The court may affirm, modify, or set aside the order of the Secretary. (f) If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence. (g) If the circuit court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the packer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified. (h) The circuit court of appeals shall have exclusive jurisdiction to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 347 of Title 28, Judicial Code and Judiciary, if such writ is duly applied for within sixty days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the circuit court of appeals, in so far as such decree operates as an injunction unless so ordered by the Supreme Court. (i) For the purposes of sections 191 to 195 of this chapter the term "circuit court of appeals," in case the principal place of business of the packer is in the District of Columbia, means the Court of Appeals of the District of Columbia. (Aug. 15, 1921, c. 64, § 204, 42 Stat. 162.)' § 195. Punishment for violation of order. Any packer, or any officer, director, agent, or employee of a packer, who fails to obey any order of the Secretary issued under the provisions of section 193 of this chapter, or such order as modified (1) After the expiration of the time allowed for filing a petition in the circuit court of appeals to set aside or modify such order, if no such petition has been filed within such time; or (2) After the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the circuit court of appeals and no such writ has been applied for within such time; or (3) After such order, or such order as modified, has been sustained by the courts as provided in section 194 of this chapter; shall on conviction be fined not less than $500 nor more than $10,000, or imprisoned for not less than six months nor more than five years, or both. Each day during which such failure continues shall be deemed a separate offense. (Aug. 15, 1921, c. 64, § 205, 42 Stat. 163.) Notes of Decisions 1. Restraining prosecutions.-In Stafford v. Wallace (Ill. 1922) 42 S. Ct. 399, 258 U. S. 495, 66 L. Ed. 735, 23 A. L. R. 229, where the validity of the Packers and Stockyards Act was upheld, the Supreme Court held that if the act was unconstitu tional, prosecutions for the severe penalties imposed thereby for violations of the orders of the Secretary of Agriculture thereunder, before opportunity was given to test its validity, could be enjoined by equity. STOCKYARDS AND STOCKYARD DEALERS 201. "Stockyard owner"; "stockyard services"; "market agency"; "dealer"; defined. When used in this chapter (a) The term "stockyard owner" means any person engaged in the business of conducting or operating a stockyard; (b) The term "stockyard services" means services or facilities furnished at a stockyard in connection with the receiving, buying or selling on a commission basis or otherwise, marketing, feeding, water |