The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-02-10
ANTITRUST MEASURE
PROVISIONS or THE GILBERT HILL
WEIGH WILL PROBABLY PASS.
Statute, and Not So Drastic as
the others Introduced

The Senate committee on judiciary has
determined upon the form of antitrust bill
that IL Will report favorably and the House
committee has determined to report favor
ably the Linck bill. which is an exact copy
or the Georgia antitrust law. The choice
OF the Senate committee is the Gilbert bin.
with some amendments. and this will prob
ably become the law. The House is willing
to pass any antitrust bill. the more drastic
the better. but it will probably have to take
what the Senate is willing to pass as the
best that it can do. The Gilbert bill is not
nearly so drastic as the others that have
been introduced 1t is drawn almost en-
tirely upon the lines OF the federal statute.
The bill is as follows:
Section l. Be il enacted by the General
Assembly OF the State of Indiana. that ev-
cry cry contract. arrangement, agreement.
trust understanding or combination made.
entered into. or knowingly assented TO. by
ana between any persons who own control
or manufacture the output of any articles
hereinafter mentioned and parties capable
or making contract or agreement. tho
purpose, intent or effect of which shall be
TO limit. control or in any manner to re-
strict or regulate the amount of production
or the quantity OF any article or commodity
10 be manufactured or produced by mining
manufacture, agriculture or any other
branch OF business or labor or TO enhance,
reduce, control or regulate the market price
thereof, or in any manner TO prevent or re-
strict free competition i'm the production or
sale OF any such articles or commodity shall
be wholly Illegal and void. and every such
contract, arrangement. agreement. trust,
understanding or combination shall consti-
tute criminal conspiracy. And every per-
son, who for himself personally or as the
member or in the name of partnership. or
as a member, agent or officer OF corpora
uon, or OF any association for business pur-
poses OF any kind so owning, controlling or
manufacturing such articles of trade. who
shall enter into knowingly consent to
any such void and illegal contract, arrange
N nnF -Crs raaIf inc nF
combination shall be deemed a party TO
such conspiracy, and any person Offend
ing shall, on conviction thereof. be punished
by a fine of not less than 800 nor more than
$1,000, or by Imprisonment I'm the county
jan not more than SIX months. or by both
such Zines and imprisonment. in the discre-
ton of the court. And the prosecution for
ofenses under this section may be nsti-
tuted and the trial had in any county where
any of the consprators may reside.
Sec. ,. Every contract. arrangement,
agreement, trust understanding or COM
first section of this act shall be equally
void and Illegal within this State whether
made and entered into within or without
Sec. 3. The carrying into effect in whole
or in part. of any such Illegal contract, ar
rangement agreement. trust understanding
OF combination mentioned in the first
section OF this act, and every act which
shall be done for that purpose by any one
or the parties or through their agency or
the agency of any of them. shall constitute
a felony and on conviction the offender
snail De punisned by imprisonment in the
state prison not more than five years
less than one year and fined in any sum not
exceeding $l000.
Sec. !. Any corporation now or here
after organized under the laws of this
State which shall have entered into any
contract, arrangement. agreement. trust,
understanding combination declared IL
legal by the first section Of this act, or shall
have done any act towards or for the pur-
pose of carrying the same into effect in
| whole or in part, and who snail not within
thirty days from the time when this act
| shall take effect withdraw its assent there
| TO and repudiate the same and iile I'm The
| Office of the secretary Of state such refusal
and reputation under its corporate seal.
| shall forfeit its charter and all its rights
and franchises Hereunder.
Sec. >. 1t is hereby made the duty of the
attorney general OF the State of Indiana TO
! institute proceedings against any person,
company or corporation violating any OF the
provisions of this act for the purpose OF en-
| forcing the penalties prescribed herein.
Sec. 6. Any person, company or corpora
ton damaged by any such contract, ar
| rangement agreement, trust, understanding
or combination, may bring suit in any court
| OF competent jurisdiction against any party
| or parties to such contract, arrangement,
| agreement, trust understanding or COM
bination to collect the damages sustained
| thereby
The bill contains a section repeating con-
| ficting laws and another declaring an emer-
gency and putting it into effect at once.
| AS originally drawn il contained a section
| exempting from its provisions agricultural
products in the hands OF the producer and
| labor organizations. but this section was
| stricken out by the committee.