ing defendants, and the presence of the excluded defendants was rot essential or indispensable or prejudicial to the entry of a decree against the remaining defendants. Ib.

State Anti-Trust Law Provisions of, cannot be Invoked Collaterally. Before a defendant can evade the payment of purchase price of commodities actually received on the ground that the seller is a trust or combination in restraint of trade contrary to the provisions of a State statute (Anti-Trust Law of Illinois, act of 1891), there should be an adjudication of a competent tribunal in a direct proceeding instituted for that purpose, determining that such seller is a trust or combination within the statute. When sued for the purchase price of commodities, the defendant cannot, by way of defense, plead that plaintiff is a trust within a State statute as the issue pleaded is collateral to issue tendered by the plaintiff. Lafayette Bridge Co. v. City of Streator, 105 Fed. Rep. 729.

§ 2. Misdemeanor to Combine. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

Criminal Liability - Imprisonment.-- Section 2 of the Sherman Act which declares a violation of its provisions to be a misdemeanor, prescribes imprisonment as one of the penalties. The court may impose a fine not exceeding $5,000 or imprisonment not exceeding one year, or both fine and imprisonment in the discretion of the court.

The imprisonment penalty was abolished by section 1 of the Elkins Act (ante, page 134) in so far only as relates to violations of the Interstate Commerce Act or section 1 of the Elkins

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Act. The clause of the latter act, however, abolishing imprisonment as a penalty, does not in terms extend to the Sherman Act or to any of its provisions. It abolishes the punishment by imprisonment only in case of convictions under the Interstate Commerce Act or amendments thereto, or for offenses under section 1 of the Elkins Act.

§ 3. Contract in Restraint of Trade, Illegal - Penalty.Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

§ 4. Remedy Injunction - Jurisdiction of Federal Court.The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United 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 petition setting forth the case

and praying that such violation 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.

Witnesses must Testify.- Prior to the act approved February 25, 1903, there was no way in which a witness could be compelled to testify in a proceeding under the Sherman Act before the grand jury as to the witnesses' connection, participation in, or knowledge concerning a combination to regulate commerce, and control the price of commodities. Foot v. Buchanan, 113 Fed. Rep. 156 (January, 1902, Cir. Ct. No. Dist. Miss. W. D.).

The court held that section 860 of U. S. Rev. Stat. which provides that no evidence obtained from a witness by means of a judicial proceeding shall be given in evidence or in any manner used against him in any court in any criminal proceeding, for the reason that the section in question contains no specific provision that such witness shall not be prosecuted for the offense which may be disclosed by his testimony, and that the provisions of the act of February 11, 1893, applied only to the Interstate Commerce Act and had no application to the Sherman Act. Ib.

In view of the ruling that the Sherman Act was practically inoperative by reason of the difficulty in securing evidence in proceedings to enforce its provisions Congress, in the act of February 25, 1903, appropriating half a million dollars to enable the Attorney-General and the Department of Justice to prosecute proceedings under the Sherman Act and the Interstate Commerce Act, extended to the former as well as the latter the provisions of the act declaring that no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said acts.

The decisions holding that this language declaring expressly

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that a witness shall not be prosecuted, is sufficient to authorize the court to compel the witness to testify and produce books, papers, and documents, when properly subpoenaed, are now applicable under the Sherman Act.

These decisions will be found under section 12 of the Interstate Commerce Act, ante, page 184 et seq.

The provisions of chapter 755, Laws 1903, approved February 25th of that year, appropriates $500,000 to enforce the Commerce Act and Anti-Trust Laws, and takes away the right to prosecute a witness" who shall testify or produce evidence documentary or otherwise " under either the Interstate Commerce Act, the Sherman Act, or the anti-trust provisions of the Wilson Bill. These provisions of the statute are as follows:

Witnesses under Sherman Act not to be Prosecuted.—- That for the enforcement of the provisions of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof or supplemental thereto, and of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, and all Acts amendatory thereof or supplemental thereto, and sections seventy-three, seventy-four, seventy-five, and seventy-six of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved August twenty-seventh, eighteen hundred and ninety-four, the sum of five hundred thousand dollars, to be immediately available, is hereby appropriated, out of any money in the Treasury not heretofore appropriated, to be expended under the direction of the Attorney-General in the employment of special counsel and agents of the Department of Justice to conduct proceedings, suits, and prosecutions under said Acts in the courts of

the United States: Provided, that no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said Acts: Provided further, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying. (Laws 1903, chap. 755, approved February 25, 1903.)

Whenever it

§ 5. Additional Parties may be Brought in. shall appear to the court before which any proceeding under section four 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 subpoenas to that end may be served in any district by the marshal thereof.

§ 6. Trust Property, when Confiscated. -Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, and being in the course of transportation from one State to another, or to a foreign country, 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.

§ 7. Suits by Injured Parties - Treble Damages. - Any person who shall be injured in his business or property by any other person or corporation by reason of anything