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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. Whenever it shall appear to the court before which any such proceeding 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 subpoenas to that end may be served in any district by the marshal thereof.
Sec. 15 Clayton Act.
State courts have no jurisdiction under this section. Verner v. New York C. & H. R. Co., 158 N. Y. S. 602, 94 Misc. Ref. 671, 164 N. Y. S. 626, 177 App. Div. 296. Section cited, Wainwright v. Penn. R. Co., 253 Fed. 459.
§ 513. Private Persons May Obtain Injunctive Relief, When --That any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections, two, three, seven and eight of this act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit in equity for injunctive relief against any common carrier subject to the provisions of the act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission.
Sec. 16 Clayton Act.
Notes of Decisions Rendered Since 1915.
The right granted by this section does not exist under the Sherman Law. Union Pac. R. Co. v. Frank, 226 Fed. 906, 141 C. C. A. 510, cited and followed, Ketchum v. Denver & R. G. R. Co., 248 Fed. 106, 160 C. C. A. 246. Rights of minority stockholders under Sherman Law. Geddes v. Anaconda Copper Mining Co., 245 Fed. 225, 157 C. C. A. 417. Preventive relief only authorized by this section. Verner v. Penn. Steel Co., 250 Fed. 292; McLatchy v. King, 250 Fed. 920; Fleitmann v. Welsbach Co., 240 U. S. 27, 60 L. Ed. 505, 36 Sup. Ct. 233. See also annotations to section 512, supra
§ 514. Procedure in the Issuance of Temporary Restraining Orders.—That no preliminary injunction shall be issued without notice to the opposite party.
No temporary restraining order shall be granted without notice to the opposite party unless it shall clearly appear from specific facts shown by affidavit or by the verified bill that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every such temporary restraining order shall be indorsed with the date and hour of issuance, shall be forthwith filed in the clerk's office and entered of record, shall define the injury and state why it is irreparable and why the order was granted without notice, and shall by its terms expire within such time after entry, not to exceed ten days, as the court or judge may fix unless within the time so fixed the order is extended for a like period for good cause shown, and the reasons for such extension shall be entered of record. In case a temporary restraining order shall be granted without notice in the contingency specified, the matter of the issuance of a preliminary injunction shall be set down for a hearing at the earliest possible time and shall take precedence of all matters except older matters of the same character; and when the same comes up for hearing the party obtaining the temporary restraining order shall proceed with the application for a preliminary injunction, and if he does not do so the court shall dissolve the temporary restraining order. Upon two days' notice to the party obtaining such temporary restraining order the opposite party may appear and move the dissolution or modification of the order, and in that event the court or judge shall proceed to hear and determine the motion as expeditiously as the ends of justice may require.
Section two hundred and sixty-three of an act entitled “An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven, is hereby repealed.
Nothing in this section contained shall be deemed to alter, repeal, or amend section two hundred and sixty-six of an act entitled "An act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven.
Sec. 17 Clayton Act.
§ 515. Security before Issuing Restraining Orders When Required.—That, except as otherwise provided in section 16 of this act, no restraining order or interlocutory order of injunction shall issue, except upon the giving of security by the applicant in such sum as the court or judge may deem proper, conditioned upon the payment of such costs and damages as may be incurred or suffered by any party who may be found to have been wrongfully enjoined or restrained thereby.
Sec. 18 Clayton Act.
§ 516. What Injunction Orders Shall Contain.—That every order of injunction or restraining order shall set forth the reasons for the issuance of the same, shall be specific in terms, and shall describe in reasonable detail, and not by reference to the bill of complaint or other document, the act or acts sought to be restrained, and shall be binding only upon the parties to the suit, their officers, agents, servants, employees, and attorneys, or those in active concert or participating with them, and who shall, by personal service or otherwise, have received actual notice of the same.
Sec. 19 Clayton Act.
$ 517. Injunctions in Suits between Employer and Employee. That no restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.
And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully ble, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to partronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States.
Sec. 20 Clayton Act.
It will be noted that this section is by its terms limited to cases between "employer and employees" or persons seekink employment, and then only when the case does not involve irreparable injury to property or to a property right. Par. 2 of the Section permits the doing of certain acts which some courts have held to be illegal. See 486 supra.
Notes of Decisions Rendered Since 1915.
Unlawful violence by trade unions may be enjoined notwithstanding this section. Alaska S. S. Co. v. International Longshoremen's Asso., 236 Fed. 964; Kroger Grocery & Baking Co. v. Retail Clerks, 250 Fed. 890; Dowd v. United Mine Workers of Am., 235 Fed. 1, 148 C. C. A, 495. Contra, Puget Sound Traction etc. Co. v. Whitley, 243 Fed. 945. Quoting the section Judge Sanborn in United States v. Norris, 255 Fed. 423, 424 says: “The strike in this case had nothing to do with a dispute over wages, as the jury found; so the Clayton Act is entirely inapplicable. I think that section 20 was intended to legalize lawful strikes, and peaceful, lawful persuasion of workmen. The orders which were issued to workmen in this case were dishonest and corrupt, and they were given no reason for their ceasing work. The statute has no application to such a situation. The Sherman Act is thus left in full force in cases like this. The Clayton Act does not authorize molestation of employees by strikers. Kroger Grocery, etc., Co. v. Retail, etc., Co., (D. C.) 250 Fed. 890."
See annotations to section 500 above.
§ 518. Disobedience of Orders of Court. That any person who shall willfully disobey any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia by doing any act or thing therein, or thereby forbidden to be done by him, if the act or thing so done by him be of such character as to constitute also a criminal offense under any statute of the United States, or under the laws of any state in which the act was committed, shall be proceeded against for his said contempt as hereinafter provided.
Sec. 21 of Clayton Act.
$ 519. Same Subject, Procedure Prescribed. That whenever it shall be made to appear to any district court or judge thereof, or to any judge therein sitting, by the return of a proper officer on lawful process, or upon the affidavit of some credible person, or by information filed by any district at. torney, that there is reasonable ground to believe that any