Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-03-28

article, commodity or merchandise to be
manufactured, mined, produced or sold in
this state, shall be deemed and adjudged
guilty of a conspiracy to defraud. and be
provided by this act.
SEC. 2. 1t shall not be lawful for any cor
poration to issue or to own trust certifi-
Gates, or for any corporation, agent, officer
or employee, or the directors or stockholders
OF any corporation, to enter into any com
bination. contract or agreement with any
person or persons, corporation or corpora
thereof, the purpose and effect Of which
combination, contract or agreement shall
be to place the management or control of
such combination or combinations, or the
manufactured products 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 com
restrict or diminish the manufacture or
output of any such article.
SEC. 8. If a corporation or a company,
firm or association shall be found guilty of
q violation of this act, it shall be punished
by a fine Of not less than n 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 in
vested. Any president. manager, director
or other officer or agent or receiver of any
corporation, company, firm or association,
or any member OF any company, firm or
association, or any individual found guilty
of a violation of the first section of this act
h be punished by a fine Of not less than
five hundred (5OO) 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 preced-
ing sections Of this act shall be absolutely
void.
SEC. s.. Any purchaser of any article or
commodity from any individual, company
or corporation transacting business con-
trary to any provision of the preceding
sections Of this act, shall not be liable for
the price or payment of such article
or commodity, and may plead this act as a
defense to any suit for such price or pay
ment.
SEC. 6. Any corporation created or Or
gained by or under the laws of this state,
which shall violate any provision of the
preceding sections of this act, shall there
by forfeit its corporate rights and fran
chlses, and its corporate existence shall
thereupOn cease II determine; n it
shall be the duty of the secretary of state,
after the passage of this act, to address to
the president, secretary or treasurer Of
each Incorporated company doing business
in this state, a letter of inquiry as to wheth-
er said corporation has merged all or any
part OF its business or interest In or with
any trust, combination or association Of
persons or stockholders as named in the
preceding sections of this act. and to re-
quire an answer, under oath, of the presi-
dent, secretary, treasurer or any director
of said company; a form of affidavit pre-
scribed by the secretary of state shall DO
enclosed in said letter of inquiry; n on
refusal to make oath in answer to said in
quiry, the secretary OF state shall immedi-
ately revoke the charter OF said company
and make publication of such revocation
in four newspapers of general circulation
in the foul largest cities OF the state.
SEC. 7. 1t shall be the duty Of the secre-
tary of state, upon satisfactory evidence
that any company or association Of per-
o Il duly incorporated m operating
under the laws of this state have entered
into any trust, combination or association
as provided in the preceding provisions Of
this act, to give notice to such corporation
that unless they withdraw from and sever
all business connections with said trust,
combination or association, their charter
will be revoked at the expiration of thirty
days from date of such notice.
SEC. 8. 1t shall be the duty of the state
attorneys in their respective Jurisdictions,
n the attorney-general, to enforce the
foregoing provisions Of this act.
SEC. 9. All acts or parts of acts incon.
sistent with any of the provisions of this
act are hereby repealed.
Approved March 8, 1890.