The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-03-23
ANTI COMBINE BILLS.

IA " L Ii Jlhhos
Following are the two bills passed |
by the convention which met at St !
Louis, last week, to consider the ques-
IIon Of trusts and combines in beet and !
pork -
ANTITRUST BILL.
n bill to he entitled an act to define |
trusts, aud To provide for penalties and |
ana punishment OF corporations, per- |
sons, IIrin4 aud associations of persons
connected with them, and to promote
Tree competition in the state of Texas.
SECTION /. BE ii enacted by tie Lcgis
h"iHrc Of the State Of Te1aS.
That u trust is IA combination of cap.
l'a!, skill or acts by two or more per-
sons, firms, corporations or assOcia
lionS 0f persons, or of either two or
more of them, tor either, any or all OF
the following purposes:
first-Hn create carry out restrictions
in trade.
SccOnd-HO limit or reduce the pro-
duc'Ion, or increase or reduce the price
OF merchandise or commodities.
Third-TO prevent competition in
manufacture. making, transpnrtion,
sale or purchase of merchandise, pro-
duce or commodities.
F6nrth-To fix at any standard or
figure whereby its price to the public |
shall be III any manner controlled or
established, any article or commodity |
Of merchandise, produce or commerce,
intended for sale, use or consumption
III this state.
FIfth-To make or enter into, or ex-
ccute OF carry out any contract, obli-
cation or agreement of any kind or
description, by which they shall bind
or have bound themselves not to sell,
dispose of OF trasp0rt any article or
commodity or article of trade, use,
merchandise, commerce or consumption
below common standard figure, or
by which they shall agree in any man
ner, to keep the price of said article,
commodity or transportation at fixed
~ graduated figure, or by which they
shall III any manner establish or settle
the price of any article or commodity
transportation between them, or them
selves and others, to preclude a free
and unrestricted competition among
themselves and others in the sale or
transportation ot any such article or
commodity, or by which they shall
| agree to pool, combine or unite and in
terest they may have in connection
with the sale or transportation OF any
such article or commodity that it's price
might in any manner be affected.
Sec. 2. That any corporation holding
u charter under the Jaws of the state
of - which shall violate any of the
| provisions of this act shall thereby for
teit its charter and franchises, and its
corporate existence shall cease and de-
| terminate.
| Sec. ). For a violation of any of the
the provisions OF this act by any cor
poralion mentioned herein, it shall be
| the duty of the attorney general, or
| district or county attorney, or either
OF them, upon his own motion. and
| without leave or order of any court or
| Judge, 10 institute suit or quo warrantO
| proceedings at the county seat of any
| county III the state where such corpora.
| ton exists, does business or may have
domiciIc, Tor the forfeiture of it's
charter. rights and franchise, and the
dissolution OF its corporate existence.
Sec. i. Every foreign corporation
violating any of the provisions of this
act is hereby denied the right and pro-
hibited from doing any business Within
this state, e,aild it shall be the duty OF the
attorney general TO enforce this pro.
vision by Junction or other proper pro-
Ceeding in the district court of -
county, in the name OF the state Of.
Sec. =. ANY violation of either or all
| the provisions Of this act shall be and
| 4 hnrnh,. In,.lornl nty
against trade, and any person who may
he or may become engaged in any snch
conspiracy, or take part therein, or aid
or advise III its commission, who shall
a7 principal, manager, director, agent,
servant or employe, or in amy other
capacity, knowingly carry out any of
the supnlations, prices, rates or orders
hereunder in pursuance thereof, shall
be punished by fine not less than $50
nor more than 81, 600 and by imprisOn-
ment in the penitemtiary not less than
one nor more than 10 years, or by eth
er such fine or imprisonment; each day
during II violation of this provision
shal constitute separate offense.
Sec. I. In any indictment for an of
fenSc named III this act. il is sufficient
to state the purpose or effect of the
trust or combination, and that the &C
Cused was Il member OF, acted with or
in pursuance of II, without giving its
name or description, or how, wher
and where it was created.
Sec. :. In prosecutions under this
act 1T shalt be sufficient to prove that 8
trust or combination, as defined here
in, existed and that the defendant be.
iOn9ed to it, or acted for or in Connec
ton with it, without proving all tht
members belonging to it, or providing
ur producing any article OF agreement
} or any written instrument, on which j
} may have been based, or that it wa
evidenced by any written instrumen
, at all. The character OF the trust o.
combination alleged may be establish
; ed 10y proof of its general reputation
! as such.
Sec 8 Persons out of the state ma,
: commit and be liable to indictment ant
, conviction for committing any OF tn
offenses enumerated in this act. whicl
do nos in their commission necessaril,
: require personal presence in thi
a state, the object being to reach an,
{ punish all persons offending against it
: provisions, whether within or withou
the state.
; Sec. 10. Each aud every firm, per
C son, corporation or association of per
g sons who shall in any manner violat
= any ct the provisions of this act sha
tor each and every day that such vic
,aLion shah he committed or continued
q iui felt and pay the sum of $50, whic
g may be recovered in the name of tn
4 state of -, III any county wher
the uifeuse Is committed, or wher
= either OF the offenders reside, or in -
" county, and il shall be the duty of tn
It attorney general. or the district or Tn
d county attorney to prosecute for an
recover the same.
Sec. IL. That any contract or agree
II meut in violation of The provisions
ihiS act shatl he absolutely void an
not cntOrcible either in law or equity
Sec. Il. That the provisions heret
shall be held cumulative of each othe
70 and OF all other laws IN any way affect
- ing them now III force in this state.
e sec. Is. The provisions of this a
E" shalt not apply 10 agricultural prOduc
'r ur I'VE stock while in the hands of Il
." pruhuccr or raiser.
" Sec. A. This act shall take effect Al,
J. he IA force from and after its pas sage
y LOCAL INSPECTION BILL.
\ bill for an act entitled "An act f,
tnI IN" protection OF the public heal
~ 10y providing tor inspection beto
sI1uUn,gr uf raitln Shnnp ouH