Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-02-28

An Act to PrOhlblt Grain Dealers, Partnerships,
Combining or Entering into any Agreement
or Contract to Pool or Fix the Price to be Paid
for Grain, Hogs. Cattle, or Stock of any Kind
Violations of the Same.
Bet Enacted BY the Legislative Assembly of the
State of North Dakota:
SECTION l. That it shall be unlawful
for any. grain dealer or grain dealers,
partnership, company, corporation or as
sOciatiOnS of grain dealers, or any other
person or persons, partnership, company,
corporation or association, to enter into
any agreement, contract or combination
with any other grain dealer or grain
dealers, partnership, company. corpora
ton or association Of grain dealers, or any
other person or persons, partnership, COM
panY, corporation or association, for the
pooling of price OF different and competing
dealers and buyers, or divide between them
the aggregate Or net proceeds Of the earn
ings of such dealers and buyers, Or any
portion thereof, or tor fixing. the price
which any grain dealer or grain dealers,
partnership, company, corporation or asso-
citation Of grain dealers, or any other person
or persons, partnership, company, corpora
ton or association, shall pay for grain, hogs,
cattle or stock Of any kind or nature what
ever; and in case Of any agreement, con-
tract or combination for such pooling of
pIlCcS VI ullcIcut dIIu COLupoGluR OSdlcIS
and buyers, or to divide between them the
aggregate or net proceeds of the earnings
of such dealers and buyers, or any portion
thereof, or fixing the price which any
grain dealer or grain dealers, partnership,
company, corporation or association of
grain dealers, or any other person or per-
sons, partnership, company, corporation or
or stock OF any kind or nature whatever,
each day Of its continuance, shall be
deemed a separate Otfense.
SEC. 2. That in case any grain dealer or
dealers, partnership, company, corporation
or association of grain dealers, or any
person or persons, partnership, company,
corporation or association, subject to the
be done, OR permit to be done, any act,
matter or thing in this act prohibited or
declared to be unlawful, or shall omit to
do any act, matter or thing in this act re-
quired to be done, such grain dealer or
grain dealers, partnership, company, cor
poratiOn or association OF grain dealers, or
any other person or persons, partner
ton, shall be liable to the person
or persons injured thereby, to the full
amount of damages sustained in conse-
quence of any such violation of the pro-
visions Of this act, together with a reason
able counsel or attorneys fee, to De fixed
by the court in every case of recovery,
which attorneys fee shall be taxed and
collected as a part Of the costs in the case;
and in any such action brought for the re-
covery of damages, the court before whom
the same shall be pending may compel any
grain dealer or grain dealers, partnership,
company or association of grain dealers,
or any person or persons, partnership,
company, corporation corporation or
association subject to the provis-
laws " fhSo n m HI
rector, officer, receiver, trustee, agent. EN-
ploye or clerk of them, or either of them,
defendant in such suit, to attend, appear
and testify in such case, and may compel
the production of the books and papers of
| such grain dealers, partnership, company,
corporation or association of grain dealers,
or any other person or persons, partner.
party to such suit. The claim that any
| such testimony or evidence may tend 10
criminate the person giving such evidence
| shall not excuse such witness from testify
ing, but such evidence or testimony shall
not be used against such person in the
trial of any criminal proceeding.
SEC.9. That any grain dealer or grain
ton or association of grain dealers, or any
other person or persons, partnership, COM
pany, corporation or association subject to
the provisions of this act, or any director,
officer, or any receiver. trustee, clerk, or
lessee or agent, or persons acting for or
employed by them, or either of them, who
alone or with any other partnership, com.
pany, corporation, association, person OF
party, shall willfully do or cause to be
done, or shall willfully suffer or permit to
be done any act, matter or thing in this act
prohibited or declared to be unlawful, OF
| who shall aid or abet therein, or shall will
fully omit or fail to do any act, matter OF
thing in this act required to be done, OF
shall cause or willfully suffer or permit
any act, matter or thing sc directed or re-
| quired to be done, not to be so done, or
| shall aid or abet such omission or failure,
or shall be guilty of any infraction of this
act, or shall aid or abet therein, shall be
deemed guilty Of a misdemeanor, and shall.
upon conviction thereof. be fined in any
sum not exceeding $1,000, o. Imprisonment
in the Jail Of the county not exceeding six
months, or both, in the discretion Of the
court; and shall moreover be liable to the
suit Of the party injured or damaged.
Approved February IL, 1890.