(June 25, 1948, ch. 645, 62 Stat. 701; May 24, 1949, ch. 139, § 8(c),63 Stat. 90; Pub. L. 101–647, title XII, § 1205(c),Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103–322, title XXXIII, §§ 330011(f),
330016(2)(E),Sept. 13, 1994, 108 Stat. 2145, 2148.)
Historical and Revision Notes
Based on sections
390a of title
, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 1,
,38 Stat. 730
, 738, 739).
Section 21 of the Clayton Act, section
386 of title
, U.S.C., 1940 ed., Judicial Code and Judiciary, is here consolidated with parts of sections 1, 22, and 24 of the same act. Section 1 of said act, section 390a of title 28
U.S.C., 1940 ed., Judicial Code and Judiciary, defined person or persons. Section 22 of said act, section
387 of title
, U.S.C., 1940 ed., Judicial Code and Judiciary, regulated the procedure and provided for the punishment of contempts. Section 24 of said act, section
389 of title
, U.S.C., 1940 ed., Judicial Code and Judiciary, limited the application of these sections to certain kinds of contempt.
In transferring these sections to this title and in consolidating them numerous changes of phraseology were necessary which do not, however, change their meaning or substance. Words “corporation or association” were inserted after “any person” in substitution for the definition provisions of section
390a of title
, U.S.C., 1940 ed., Judicial Code and Judiciary, which read as follows: “The word ‘person’ or ‘persons’ wherever used in sections
386–390a of this title, sections
, and section
412 of title
shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.”
The words “any person, corporation, or association,” unqualified except by the context of the section mean all that the more lengthy definition included. Only those persons, corporations, and associations who were parties to the order or had actual notice of it may be punished for contempt. (See McCauly v. First Trust & Savings Bank, C.C.A. Ill. 1921, 276 F. 117. See, also National Labor Relations Board v. Blackstone Mfg. Co., C.C.A. 1941, 123 F. 2d 633.) The fact that the contemnor was incorporated or organized under a foreign law or under the laws of a particular State or Territory would hardly be relevant to the issue of criminal contempt.
As noted above these sections were part of the Clayton Act, entitled “An act to supplement existing laws against unlawful restraints and monopolies, and for other purposes.” Whatever doubt might have existed as to whether the contempt provisions were variously limited to antitrust cases seems to be dispelled by the case of Sandefur v. Canoe Creek Coal Co. (C.C.A. Ky. 1923, 293 F. 379, certified question answered 45 S. Ct. 18, 266 U.S. 42, 69 L. Ed. 162, 35 A.L.R. 451), where the court says: “The act, considered as a whole, covers several more or less distinct subjects. * * * The first eight sections pertain directly to the subject of trust and monopolies; section
concerns interstate commerce; section
, combinations among common carriers; section
, proceedings to enforce certain provisions of the act; sections
12–16, antitrust procedure and remedies; sections
17–19, regulations of injunction and restraining orders in all cases; section
limits the power of an equity court to issue any injunction in a certain class of cases, viz., between employer and the employee; and sections
21–24 pertain to procedure in any district court, punishing contemptuous disregard of any order of such court, providing the act constituting contempt is also a criminal offense. Observing this relation of the various parts of the act to each other, we think ‘within the purview of this act’ must refer to that portion of the act which most broadly covers the subject-matter to which section
22 is devoted, and this portion is section
, which reaches all cases where the act of contempt is also a criminal offense. We know of nothing in the legislative history of the act, or within the common knowledge as to the then existing situation, which justifies us in thinking that ‘within the purview of this act,’ in section
22, meant to limit its effect to the employer-employee provisions of section
, or even to the antitrust scope of some of the earlier sections.” (See also Michaelson v. United States, 1924, 45 S. Ct. 18, 166 U.S. 42, 69 L. Ed. 162, 35 A.L.R. 451, and H. Rept. No. 613, 62d Cong., 2d sess., to accompany H.R. 15657
This amendment [see section
] corrects the catchline of section
, U.S.C., to better represent the section content.
1994—Pub. L. 103–322
, § 330016(2)(E), substituted “punished by a fine under this title” for “punished by fine” in first par.
Pub. L. 103–322
, § 330011(f), amended directory language of Pub. L. 101–647
, § 1205(c). See 1990 Amendment note below.
1990—Pub. L. 101–647
, § 1205(c), as amended by Pub. L. 103–322
, § 330011(f), added par. defining “State”.
1949—Act May 24, 1949, substituted “Contempts constituting crimes” for “Criminal contempts” in section catchline.
Effective Date of 1994 Amendment
Section 330011(f) ofPub. L. 103–322
provided that the amendment made by that section is effective as of the date on which section 1205(c) ofPub. L. 101–647
, which amended this section, took effect.