86th Congress, s. 726

July 23, 1959

AN ACT

To amend section 11 of the Clayton Act to provide for the more expeditious

enforcement of cease and desist orders issued thereunder, and for other purposes.

Cease and de

а

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first and Clayton Act, second paragraphs of section 11 of the Act entitled “An Act to supple

amendments. ment existing laws against unlawful restraints and monopolies, and for

sist orders. other purposes”, approved October 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21), are hereby redesignated as subsections (a) and (b) of such section, respectively.

(b) The last sentence of the second paragraph of such section which Filing of has been hereby redesignated as subsection (b) is amended to read as

petition. follows: "Until the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the Rited States, as hereinafter provided, the Commission or Board may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. “After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission or Board may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any report or order made or issued by it under this section, whenever in the opinion of the Commission or Board conditions of fact or of law have so changed as to require such action or if the public interest shall so require: Provided, however, That the said person may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section."

(c) The third, fourth, fifth, sixth, and seventh paragraphs of such section are amended to read as follows:

"(c) Any person required by such order of the commission or board Court of to cease and desist

from any such violation may obtain a review of Appeals, 'such order in the court of appeals of the United States for

review. circuit

any within which such violation occurred or within which such person resides or carries on business, by filing in the court, within sixty days after the date of the service of such order, a written petition praying that the order of the commission or board be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court 73 Stat. 243. to the commission or board, and thereupon the commission or board 73 Stat. 244. shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon such filing of 72 Stat. 941. the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the commission or board until the filing of the record, and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the commission or board, and enforcing the same to the extent that such order is affirmed, and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite. The findings of the commission or board as to the facts, if supported by substantial evidence, shall be conclusive. To the extent that the order of the commission or board is affirmed, the court shall issue its own order commanding

review,

Service of

obedience to the terms of such order of the commission or board. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commission or board, the court may order such additional evidence to be taken before the commission or board, and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commission or board may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence.

The judgment and decree of the court shall be final, except that the Supreme Court, same shall be subject to review by the Supreme Court upon certiorari,

as provided in section 1254 of title 28 of the United States Code. 62 Stat. 928.

"(d) Upon the filing of the record with it the jurisdiction of the Filing of record,

'court of appeals to affirm, enforce, modify, or set aside orders of the commission or board shall be exclusive.

"(e) Such proceedings in the court of appeals shall be given preced. ence over other cases pending therein, and shall be in every way expedited. No order of the commission or board or judgment of the court to enforce the same shall in anywise relieve or absolve any person from any liability under the antitrust laws.

"(f) Complaints, orders, and other processes of the commission or complaints, board under this section may be served by anyone duly authorized orders, etc. by the commission or board, either (1) by delivering a copy thereof

. to the person to be served, or to a member of the partnership to be served, or to the president, sec ary, or other executive officer or director of the corporation to be served; or (2) by leaving a copy thereof at the residence or the principal office or place of business of such person; or (3) by mailing by registered or certified mail a copy thereof addressed to such person at his or its residence or principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office receipt for said complaint, order, or other process mailed by registered or certified

mail as aforesaid shall be proof of the service of the same. Finality of “(g) Any order issued under subsection (b) shall become final

“(?) upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; but the commission or board may thereafter modify or

set aside its order to the extent provided in the last sentence of 73 Stat. 244.

subsection (b); or 73 Stat. 245.

12) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the commission or board has been affirmed, or the petition for review has been dismissed by the court of appeals, and no petition for certiorari has been duly filed; or

“(3) upon the denial of a petition for certiorari, if the order of the commission or board has been affirmed or the petition for review has been dismissed by the court of appeals; or

“(4) upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the commission or board be affirmed or the

petition for review be dismissed. Modification, "(h) If the Supreme Court directs that the order of the commission

order.

rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of thirty days from the time it was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected to accord with the mandate, in which event the order of the commission or board shall become final when so corrected.

"(i) If the order of the commission or board is modified or set aside by the court of appeals, and if (1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the commission or board rendered in accordance with the mandate of the court of appeals shall become final on the expiration of thirty days from the time such order of the commission or board was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected so that it will accord with the mandate, in which event the order of the commission or board shall become final when so corrected.

“(j) If the Supreme Court orders a rehearing; or if the case is Rehearing. remanded by the court of appeals to the commission or board for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the commission or board rendered upon such rehearing shall become final in the same manner as though no prior order of the commission or board had been rendered.

'(k) As used in this section the term 'mandate', in case a mandate Mandate. has been recalled prior to the expiration of thirty days from the date of issuance thereof, means the final mandate.

"(1) Any person who violates any order issued by the commission Penalty. or board under subsection (b) after such order has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $5,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Each separate violation of any such order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the commission or board each day of continuance of such failure or neglect shall be deemed a separate offense."

SEC. 2. The amendments made by section 1 shall have no appli. Applicability. cation to any proceeding initiated before the date of enactment of this Act under the third or fourth paragraph of section 11 of the Act entitled "An Act to supplement existing laws against unlawful 73 Stat. 245. restraints and monopolies, and for other purposes”, approved October 13 Stat. 246. 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21). Each such proceeding shall be governed by the provisions of such section as they existed on the day preceding the date of enactment of this Act.

86th Congress, H. R. 2725

September 8, 1959

AN ACT

73 STAT. 470.

To amend chapter 3 of title 18, United States Code, so as to prohibit the use of aircraft or motor vehicles to hunt certain wild horses or burros on land belonging to the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 3 of title 18, United States Code, is amended by adding at the end thereof the following new section:

"47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes

"(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both.

"(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both.

(c) As used in subsection (a) of this section

"(1) The term 'aircraft' means any contrivance used for flight in the air; and

"(2) The term 'motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land."

(b) The analysis of such chapter 3, immediately preceding section 41, is amended by adding at the end thereof the following new item:

"47. Use of aircraft or motor vehicles to hunt certain wild horses or burros.”

Approved September 8, 1959.

Horses and burros on public lands. Methods of hunting.

18 USC 41-46.

86th Congress, H. R. 6000

September 8, 1959

AN ACT

To amend title 28 of the United States Code to increase the limit for administrative settlement of claims against the United States under the tort claims procedure to $2,500.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That title 28 of Tort claims. the United States Code is amended as follows:

(1) Section 2672 is amended as folows:

(A) The catchline is amended to read as follows:

"§ 2672. Administrative adjustment of claims of $2,500 or less."

(B) The first paragraph of section 2672 is amended by striking out "$1,000", and by inserting in lieu thereof "$2,500”.

Settlement.

62 Stat. 983.

73 STAT. 471.

73 STAT. 472.

(2) The analysis of chapter 171 is amended by striking out the fol- 28 USC 2671lowing item:

"2872. Administrative adjustment of claims of $1,000 or less."

and by inserting the following item in place thereof:

"2672. Administrative adjustment of claims of $2,500 or less."

2680.

(3) Subsection (b) of section 2401 of title 28, United States Code, is 62 Stat. 971. amended by striking out "$1,000" wherever it appears in such sub

section, and by inserting in lieu thereof "$2,500".

Approved September 8, 1959.

(439)