The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-01-23
AFTER THE School BOOK TRUSTS.
A Bill For state Publication of school u ooks
Regulating Trusts and Combines.


daily Sentinel, Jan. 1871
Yesterday the first opportunity was
given for the introduction of bills in the
Fifty-sixth general assembly and it was
taken advantage of to present a number of
vital Importance and great many which
were not so important. Among the most
important, aside from the election bill
printed elsewhere, was that by Senator
Barrett TO regulate trusts, etc. This bill is
as follows:
bill for act to declare unlawful all trusts, pools,
contracts, agreements arrangements and combina-
lions in restraint OF trade production, man
ufacture sale to fix the liability OF, and to pun
ish persons and corporations concerned therein
and declaring an emergency.
Section /. Be it enacted by the general as
sembly OF the state of Indiana, That all trusts,
pools, contracts, arrangements, agreements or
combinations existing or hereafter made
between persons or corporations, or between
any person or persons and one or more cor
pOrations, made with view, or which tend, to
prevent full aud free competition in the pro-
duction, manufacture or safe of any article Of
domestic growth, production or manufacture,
in the Importation sale of any article
grown, produced or manufactured in any other
state or country, or which are designed or tend
to fix, regulate, limit or reduce the production,
manufacture or sale, or to fix regulate, in
growth, production or manufacture, or which
are designed or tend in any way to create a
monopoly, are hereby declared TO be con-
spiracies to defraud, TO be unlawful, against
public policy, and void.
Sec. 2. That all persons entering into, or
continuing in any such trust, pool, contract,
arrangement, agreement or combination, either
on his own account or as agent or attorney for
another, or as an officer, agent or stakeholder
of any corporation, or in any capacity what
I
defraud, and on convection thereof shall be
punishedby a fine of notices than one thousand
dollars nor more than ten thousand dollars,
and Imprisoned in the penitentiary not less
than two nor more than five years.
Sec. 3. That all persons and corporations
and the officers and stockholders of all cor
porations that shall become or continue to be
members of, or any way connected with or
concerned in, any such trust, pool, contract,
agreement, arrangement or combination, shall
be jointly and severally liable to pay all the
debts, obligations and liabilities of each and
every person and corporation that may become
or continue member thereof, connected there
with or concerned therein, as fully as If all
were partners in the creation of such debts,
obligations and liabilities.
Sec. 4. If any corporation organized under
the laws of this state, or any officer or stock
holder thereof as such, shall become or con-
tinue to be member of any such trust pool,
contract, agreement arrangement or cOmbina-
ton, its charter shall become and be thereby
forfeited, and it shall be the duty of the
prosecuting attorney OF the county where the
same is located or having its principal Office, to
bring suit against such corporation in any cir
cult or superior court of such county TO have
its said charter declared forfeited for that rea-
son and TO wind up the same under the order
of such court.
Sec 5. That when any action at law or suit
in equity shall be commenced in any court of
this state il shall be lawful in the defense
thereof to plead in bar or in abatement OF the
action that the plaintiff or any other person or
corporation interested in the prosecution of the
action is q member, or connected with, or the
cause of action grows out of some business or
transaction with such trust, pool contract,
agreement, arrangement combination, as de-
scribed In the first section OF this act.
Sec. 9. That any person or corporation IN
lured or damaged by any such trust, pool, con-
tract, agreement arrangement or combination
may sue and recover for, in any court OF COM
petent jurisdiction double the amount OF dam
ages suffered by such person or corporation,
and in addition thereto, a reasonable attorney s
fee for the prosecution of such action.
Sec. Z. Upon the trial of any civil action
against any corporation, person or copartner-
ship for a violation of any section OF this act,
all officers stockholders and agents OF such
corporation, person or copartnershlp shall be
competent witnesses against the defendant on
such trial and such officers, stockholders and
agents may be compelled to testify against
such defendant and produce all books aud pa
pers in their custody or control pertinent to
the issues in such action at or before the time
of trial, and shall NOT be excused from produc-
ing any books or papers because the same
might tend to crimnate such witness; but
nothing which such witness shall testify to,
and no books or papers produced by him shall
IN any manner be used against him in any
criminal action to which he is a party.
Sec. 8. Whereas an emergency exists for the
frnu lat IN affa Of ne aof fhn pnn
shall be in force from and after its passage.