The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-02

Sec. s. A monopoly Is any union or
or consolidation q affiliation |
q capital, credit, property, assets. trade,
custom, skill or acts, or OF any other vaiu-
able thing or possession, by or between |
persons. firms or corporations, or sssooia-
lions OF persons, firms or corporations,
any one OF the purposes or OBJ |
iects mentioned in section OF this act Is
or sought to be accom-
pllshed or whereby any one or more OF
said purposes are promoted or attempted
to be executed or carried out, or whereby
the several results described in section
are reasonably calculated to be produced;
and monopoly as thus defined and
contemplated includes not merely such
combinations by and between two or more
persons, firms or corporations acting for
themselves, but is especially defined ana
intended TO include all aggregations,
amalgamations, affiliations consultations
or interpretations Of capital, skill, credit,
assets. property, custom, trade or other
valuable thing or possession, whether Ell
fected by the ordinary methods OF partner
ship or by actual union under the legal
form OF corporation or an incorporated
body resulting from the union of one or
more distinct firms or corporations and all
corporations or partnerships that have
been or may be created by the consolida-
ton or amalgamation Of the separate cap
itsl, assets. credit properties, custom.
trade or corporate or firm belongings OF
two or more firms or corporations or com
panies are specifically declared to constt-
tute monopolies within the meaning of this
act, If so created or entered into for any
one or more OF the purposes named In
section /.
Sec ga. No trust or monopoly, as the
same are above defined, shall own, acquire
or hold title to land or real estate in this
State, or to any interest in, lien on, or
right in any character of real estate, nor
shall any trust or monopoly enforce any
right title lien or interest in any lands in
this State. 1t shall be the duty of the at
torney general or Of the county or district
attorney of the county in which the same
is situated, to institute proceedings to
escheat the same to the State, in which
cases the proceedings shall be governed
by the same rules, as far as applicable,
that are prescribed for the escheat Of lands
OF aliens, in title III, Of the Revised Civil
Statutes of the State Of Texas. Through
out this act, all of its provisions shall APP
! ply and be in force as well against the
various firms, corporations, associations
and companies and against their assignees,
| trustees, receivers or other legal success
sors or representatives In all matters per-
tanning to forfeitures, escheats, void con-
tracts and attempts to enforce any con-
tract or obligation in favor of trusts or
monopoles as hereinafter provided.
Sec. A All trusts and monopoles az
hereinbefore described and defined arc
forever prohibited in this State. whether
the same are created, organized or entered
into in this State or not and any and
all persons, firms, corporations or associa-
lions of persons. their agents, representa-.
tives and officers in any manner engaged
in. connected with or participating in any
trust or monopoly in this State shall be
subject to the penalties and forfeiturcs
hereinafter declared. Any corporation
holding a charter under the laws OF The
State of Texas which shall violate any oil
the provisions Of this act Shall thereby
forfeit its charter and franchise aud It's
corporate existence shall cease and de-
termino, without the right of renewal oil
Incorporation. Any foreign company oil
corporation or any person firm, or asso-
ciatin of persons not resident In this State
+ violating any of the provisions of this act
: shall at once forfeit the permit license
: or other authority to do or to solicit bust.
: ness in this State and any anC
: all contracts, obligations or evil
) denoes of debt made, contracted
, or entered into by any such I'M
lawful conduct shall be void, and no suit
at law or in esuity shall ever be main
! tanned or entertained in any OF the courts
: OF this State to inforce any such contract
! or to collect any such lebt, hut It shall BIZ
a complete and valid defense thereto that
] the person, firm. corporation or associa.
ton has violated the provisions OF this act
r Sec 5. II shall be the duty of the attor.
ney general or OF any dirrict or count,
attorney or either of them, upon his owr
motion and without leave or order Of an,
court or Judge 10 at once institute sui
or quo warranto proceedings in Travis
county, at Austin, or at the county seat o
any county in the State where such cor
poration has an office or agency for I'll,
transaction of business. or where its do
mcil may be, for the forfeiture of thu
: charter of any domestic corporation vic
;, lating the provisions of this act. and II
case of foreign corporation, company
firm or person doing BUSINESS in this State
the license, permit or authority to do o
TO solicit business in this State shall be n
once withdrawn by the officer or authorit
issuing the same, or the same may be can
celled or declared no longer effective b,
: Injunction or other proper proceedings il
y courts of competent jurisdiction at tn
instance Of the attorney general or tn
Il district or county attorney of any count,
= in the State where such corporation, com
pany, association or person is doing or so
n liciting business
Sec. s. Every corporation firm or in
dividual, their agents, representatives
statesmen, officers or any person acting TO
1 them in this State, who shall violate tn,
provisions of this act. shall be deemed
r guilty of conspiracy to defraud and upoi
I conviction thereof shall be fined not les
r than $50 for each day such violation 4
/ shown to have been committed in case o
Q an Individual, and in case of a corporation
, shall forfeit not less than $500 nor NOR,
5 than $4,000 fer each aud every day that i
g is shown to have violated the provision
1 OF this act, the agents, representatives
S statesmen and officers of corporations bejnJ
deemed individuals within the meaning O
0 this section as to fEes and punishment
y where they have been instrumental in car,
rying out the unlawful purpose Of the cor.
Z poration. In all such prosecutions or suit.
y for forfeiture of penalty, the prose
r cutting officer conducting the same shall
( receive one-fourth of the fines or penaltis:
adJudged or imposed by the judgment Of
4 the court, and in all suits 10 forfeit char
ters under this act he shall be paid a
: reasonable fee to be fixed by the cour,
trying the case, said fees to be taxed as
costs against the corporation against whom
the forfeiture is adjudged and collected by
execution or out OF any bond II NAV have
MED under the laws OF this State or any
FUNDS deposited in accordance with law
Sec. Z. In all suits and prosecutions for
violations OF this act the rules of evidence
and the methods of procedure now exist
ing under the StatufaS of ,hi. 4.