TRADE COMMISSION, FEDERAL. An act of congress was passed September 26, 1914, creating a Federal Trade Commission, composed of five commissioners appointed by the President with the advice and consent of the Senate, three only to be members of the same political party. The first commis sioners remain in office for terms of three, four, five, six and seven years respectively, and their successors are appointed for seven years. They shall not engage in any other occupation. The salary is $10,000 a year. Upon the organization of the commission, the Bureau of Corporations and the offices of Commissioner and Deputy Commissioner of Corporations shall cease to exist, and its work shall be continued by the commission. Its principal office shall be in Washington, but may meet and exercise its powers in other places.
The act provides: "That unfair methods of competition in commerce are hereby de clared unlawful," and the commission is "di rected to prevent persons, partnerships or corporations, except banks, and common car riers subject to the acts to regulate com merce, from using unfair methods of com petition in commerce." If the commission "shall have reason to believe that any such person, etc., has been or is using any unfair method of competition in commerce and 'if it shah appear to the commission that a proceeding by it in re spect thereof would be to the interest of the public," it shall serve upon such person, etc., a complaint stating the charges, with notice of the hearing at least thirty days after serv ice. Such person, etc., shall be permitted to appear and show cause why an order should not be entered requiring such person, etc., to cease from a violation of the law as charg ed. Any person, etc., may be allowed by the commission to intervene by counsel or in person. Testimony may be taken and is to be filed with the commission. If the com mission is of opinion that the method of com petition is prohibited by the act, it shall make a report in writing, with findings of fact, and shall issue and serve an order re quiring such person, etc., to cease frbm such
method of competition.
Until a transcript of the record of the hearings has been filed in the Circuit Court of Appeals, the commission may modify or set aside any report or order.
If such person, etc., fails or neglects to obey such order, the commission may apply to the Circuit Court of Appeals ix any cir cuit where the method of competition was used or where such person, etc., resides or carries on its business, to enforce such or der, and file a transcript of the 'entire pro ceedings; whereupon the court, having caus ed notice to be served upon such person, etc., shall "have jurisdiction of the proceeding and of the question determined therein" and the power to enter upon the pleadings, etc., a decree affirming, modifying or setting aside the order of the commission. "Findings of fact of the commission, if supported by testi mony, shall be conclusive." The court may on application of the per son, etc., order additional evidence to be tak en before the commission and to be adduced upon the hearing. The commission may modify its findings of facts or make new findings by reason of the additional evidence, which, if supported by testimony, shall be conclusive, and shall file its recommendation, if any, for the modification or setting aside of its original order. The decree of the court shall be final; subject only to review by the Supreme Court on certiorari under Jud. Code, § 240.
Any party against whom an order is made by the commission may obtain a review of the order in the Circuit Court of Appeals upon written petition served upon the com mission, whereupon the commission shall cer tify and file in the court a transcript of the record, and the court shall then have the same jurisdiction to affirm, modify or set aside the order as in the case of an applica tion by the commission for the enforcement of its order, and the findings of the commis sion as to the facts, if supported by testi mony, shall in like manner be conclusive.