The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-03-22
me Beer CONVENTION.

your committee tne only enectlve way TO reach
it is by legislation, If the same can be done
without encroachment upon the organic law Of
our land B. KELLEY, Chairman.
The report was unanimously adopted.
The committee on needed legislation pre-
sented q substitute bill for all those intro.
duced, defining trusts and combines,
which was the Texas bill in full. Upon q
vote being taken, the convention by q vote
of 66 3-5 for and 5 2-5 against, recon.
mended the bill to the various State Legis.
latures. The bill in full is as follows:
Section ]. Be IL enacted by the Legislature
OF the State of -, that . trust Is q COM
bination OF capital, skill or acts by two or more
persons firms, corporations or associations of
persons, or Of either two or more of them for
either. any or all Of the following purposes:
First--To create or carry out restrictions in
trade.
Second-To limit reduce the production,
o: increase or reduce the price Of merchandise,
products or commodities.
Third-To prevent competition in msnufact-
ure, making transportations, sale or purchase Of
merchandise, produce or commodities.
Fourth-To hx at any standard or figure
whereby its price to the public shall be in any
manner controlled or established any article
or commodity Of merchandise produce or COM
merce intended for sale, use or consumption in
this State.
Fifth-To make. or enter into or execute, or
carry out any contract, obligation or agreement
Of any kind or description. by which they shall
bind or have bound themselves not to sell. dis
pose Of or transport, any article or commodity
or article of trade, use, merchandise, commerce
or consumption, below q common standard
figure, by which they ahall agree, in any man
ner, to keep the price Of said article. commodity
or transportation, at fxed or graduated figure,
or by which they shall in any manner,
establish or settle the price of any
article or commodity or transportation
between them or themselves and others,
TO preclude a free and unrestricted competition
among themselves or others in the sale or
transportation OF any such article or commodity,
or by which they shall agree to pool, combine
or unite any interest they may have in counec-
ton with the sale or transportation of any such
article or commodity, that its price might in
any manner be affected.
Sec. !. That any corporation holding char
ter under the laws Of the State of - which
shall violate any Of the provisions of this act
shall thereby forfeit its charter and franchise,
and its corporate existence shall cease and ter
inmate. i.t
Sec. g. For q violation of any OF the provisions
OF this act by any corporation mentioned herein.
it shall be the duty OF the Attorneys General or
district or county attorney, or either OF them,
upon his own motion, and without leave or or
der Of any court or judge. to institute suit or
quo warranto proceedings in - county at
or at the county seat Of any county in the
State where such corporation exists. does bust
ness Ut may nave oomlcle, Ior the forfeiture
vi 's ehalter' Hsn's anu franchise anu the us
solution Of Its corporate existence.
oeo. Every ioreish corporation violating
any VI .ne PROVISIONS Oh tnis act Is hereby de-
MED the right and prohibited from doing any
business within the State and it shall be the
business OF the Attorney-Generalt TO enforce this
pio'isioi W inJuhc'ion UT otner proper proceed
NJ ~ snS est.Ns eou' Vi - county, Ia the
A".io Vi INC "'"'e Vi
sec D. ANY violation OF either or all the pro-
visions OF this act shall be and = hereby de-
ciared conspiracy against trade, and any per-
SON VINO may DC OF may become engaged IN any
suen conspiracy OF take part tnerein AID or ad-
wise IN lts commission, who shall, as principal
manager, director, agent, servant or employe,
of IN any otner capacity knowingly carry out
any Oh tne stipuiatons' purposes, prices, rates
OF oraers tnereunoer, or In pursuance tnere-
OF shall DC punisneo oy nne OF not less than
e'o nor more tnan eo'ooo, ana oy lmprisonme nj
~ tne peni'eh'iafy not iess tnan one nor more
tnai zen years OF oy eitner sueh une or I'M
prisohment. Eacn DAY during violation OF
.his pro'ision snai constiture separate Of
Aease'
Seo' .. IN any inuictment LOT any onense |
hanieu III tnis act II Is sulnclent 10 state the
purpose OF enect Oh .he trust or COMBINATION,
anu 'nat Tue accused was member OF, acted
WIN UT III pursuance o, IL, without giving its
n1n1e vi uesoiip'ion' vi no"' "neh UT "nere IL
was created
sec. 4 IN prosecutions under TINS act II |
snan NC suiiicieut 10 prove thal trust or CON-
oiha.ion as herein ueserioeu existed ana that |
tue ueiehuant belonged 10 IT, or acted Tor or IN |
cohhscuoh Win IL without proving all the |
members oeiohsihg TO- UT pro'idinS or pro
uucins any article Oh agreement or any written |
ihs.r unieht on Which II may nave oeen based,
OF that IL was evidenced oy any written lnstru-
ment at an inc character OF tne trust or com
olla'ion ahegeu shaii DC estapiisnea py PROOF |
VI i's senerai REPUTATION as such
SEQ Q. tersons OUT Oh the state may commit |
ana De taole 70 inaicIment ana CONVICTION Tor |
,uil an, ., a.u on men enumera.ea IN
sa,;,,, $50. ..Sa, -, ,,ea
the object being 70 reach and nuns,. all nsrSons
offending against its provisions, whether within
or without the State
Sec. 0. Each and every firm, person or cor.
poration or association of persons who shall in |
any manner violate any OF the provisions OF the |
aet snali ior eacn ana every uay tnat suce
nov the srn, ~ s1n rh;oh ha .or,e.s anu
The name q, the S,.,e % IN 49, aon,,r
where the ofrense il committed or where eitber
OF the offenders reside or in - county. and |
1t shall be the duty of the Attorney General of |
the district or the county attorney to prosecute
for and recover the same' provided, that the
suhleet matter OF the conspiracy shall be within
.ne Sta'e anu anec'eo W inc wrong hsfeih con-
San n r,,, - =
violation n, the nroyisions ~ his sc, shall, he
absolutely void and NOT enforceabIe either in
law or equity.
Sec H. That the provisions hereof shall be |
held cumulative of each other and of all other
laws in any way affecting them now in force in
tnls state,
sec l.. Inc provisions OF THIS act snail not