The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-09-28

saId to greatly exceed the mos Il u
guine expectations. Over So 900 600
of the So, OOO, 600 guaranty Iund is now
pledged and the total will be nearer
6.5OO, 600 than So ,O00, 900. A number
of committee meetings have been he'd
and all reports are very favorable.
THE ANTI-PO0L AND TRUST LAW.
An Act Entitled an Act for the Punish
ment OF Pools, Trusts and Con-
spiracies, and as to Evidence in such
cases.
Be IL enacted by The General assembly
Of tie State Of Missouri, rs fOAlOWS /:
Section l. If my corporation organ
lied under the laws OF this or any other
state or country, tor transacting or con
Quoting any kind of business in this
state, or any partnership or individual
or other association OF persons whose
ever, shall create, enter into, become a
member of or a party to any pool trust,
agreement, combination, confederation
or understanding with any other cor
pora:ion, partnership, individual, or
any other person OF association of per-
sons. to regulate or fix the price of any
article of merchandis sc or Odlty,
or shall enter into, become a member
of or a party to any pool, agreement,
contract, combination or confederation
TO fix or limit the amount or quantity
of any article, commodity or merchan-
disc to be manufactured, mined, pro-
duced or sold in this state, shall be
deemed and adjudged guilty OF a con-
spiracv to defraud, and be subject to
indictment and punishment as provided
in this act.
Sec. 2. 1t shall not be lawful for any
corporation to issue or to W trust
certificates, or for any corporation,
agent, officer or employee, or the direc-
tors or stockholders OF any corpora
ton, to enter into any combination,
contract or agreement with any person
or persons, corporation or corpora
tons, or with any stakeholder or direc-
tor thereof, the purpose and effect of
which combination, contract or agree
ment shall be to place the management
or control of such combination or
combinations, or the manufactured pro
duct thereof, in the hands of any trustee
or trustees, with the intent to limit or
fix the price or lessen the production
and sale of any article OF commerce,
use or consumption, or to prevent. re-
strict or diminish the manufacture or
output of any such article.
Sec. 3. If a corporation or a COM
pany, firm or association shall be found
guilty of a violation of this act, il shall
be punished by a fine of not less than
one per cent of the capital stock OF
such corporation or amount invested in
such company, firm or association, and
not TO exceed twenty per cent. of such
capital stock or amount invested. ANY
president, manager, director or other
officer or agent or receiver of II cor
poration, company, firm or association,
or II member of any company. firm
or association, or any individual, found
guilty of u violation of the first section
of this act, shall be punished by a fine
of not less han five hundred dollars
nor to exceed five thousand dollars, and
in addition thereto may be imprisoned
in the county Jail not to exceed one
year.
Sec 4. Any contract or agreement in
violation of any provision of the pre-,
ceding sections OF this act shall be ab-
solutely void.
Sec 5. Any purchaser of any article
or commodity from any individual com
pany or corporation transacting bust
ness contrary TO any provision of the
preceding sections of this act shall not
be liable tor the price or payment OF
such article or commodity, M may
plead this act as a defense TO any suit
tor such price or payment.
Sec. 8 ANY corporation created or
organized by or under the laws of this
state which shalt violate any provision
of the preceding sections of this act
shall thereby forfeit its corporate right
and franchises, and its corporate cX
isfcnce shall t%hercupOn cease and deter.
mine; and it shall be the duty OF the
secretary OF state, after the passage o.
this act, to address to the president,
secretary or treasurer of each incor-
porated company doing business in this
slate a letter of inquiry as to whether
the said corporation has merged all OF
any part of its business or interest in
or with any trust, combination or as.
ISOLATION of persons or stockholders as
named in the preceding provisions OF
this act, and to require All answer. under
oath, of the president, secretary, treas
urer or any director of said company
a form of affidavit prescribed by the
secretary of state shall oe enclosed il
said letter of inquiry; and on refusal &c
I make oath in answer to said inquiry
the secretary of state shall Immediately
revoke the charter of said company
and make publication of such revOca.
ton in four newspapers of general cir
} culation in the four largest cities of tho
state.
Sec. Z. 1t shall be the duty of The
secretary of state, upon satisfactory
evidence that any company or associa'
1 ton of persons duly incorporated ant
, operating under the laws of this state
have entered into any trust, combina
ton or association as provided in the
preceding provisions of this act, tC
} give notice to such corporation, tina
/ unless they withdraw from and sevel
all business connection with said trust
, combination or association, their char
ter will be revoked at the expiration oil
J thirty days from date OF such notice.
! Sec. &. 1t shall be the duty of fhl
. prosecuting attorneys in their rCSpeC'
, tive jurisdictions, and the attorney
general to enforce the foregoing pro
: visions of this act, and any
8 prosecuting attorney or the attorney
3 general, securing IA CONVICTION under
. the provisions Of this act, shall be Gu
titled, IN addition to such tee or salary
as bv law he is allowed for such pros
ccution, to one fifth of the fine recov
t cred. When the encouragement ant
I prosecuting attorney act in conjunction
!, in the prosecution of any case, under
; the provisions of this act, they shall bt
entitled to one-tourth of the fine re
3 covered, which they shall divide equal
I, Iy between them where there is ne
agreement to the contrary.
Sec. 8. Whereas, great injustice II
being done to the people of this state
| bv the formation of trusts and trns
, companies, therefore an emergency ex