The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-08

corporation or association OF persons who
shall IN any manner violate any OF the
provisions OF this chapter shall for each
ana every lay that such violation snail
be committed or CONTINUED forfeit and 3y
the sum OF rot less than two hundred
nor more thpn one thousand dollars. when
may be recovered In the name Of the stntc
OF Texas In any county where the offfensa
Is committed, or where either OF the Of
tenders reside. or In Travis county. and II
shall be the duty of the attorney general
or The district or county attorney 10 prose-
cute for and recover the same.
See. q Any contract or agreement IN
of the provisions OF this act
shall be absolutely void. and not enforce
able cith-r IL law or equity.
Sec 10. The provisions hereof shall
be held cumulative OF each other and all
other laws in any way Affecting them
now in force In this state; provided. this
act shall not be held 10 apply TO livestock
and agricultural products IN the hands
OF the producer or raiser. nor shall It be
understood or construed to pre2tnt the
organization of laborefs for the purpose
OF maintaining any s;sidard of wages;
and provided further that this act shall
be construed TO supersede chapter los. OF
ihc Revised Civil Statutes OF Texas OF
1895.
Sec H. Nothing in this chapter shall
any rights which may have accrued, or
TO AFFECT the right OF the State TO recover
penalties, or to affect the right Of the
State TO forfeit charters of domestic corr
poratious from doing business in this Stotc.
or affect the right of the State to maintain
prosecutions Tor violations thereof. under
any law of this State relating to trusts,
for acts heretofor done.
Sec H. Any court. officer or tribunal
nvtt. f.,,, 80 he, ia and
in this chapter. or any district attorney,
county attorney or grand jury may sub
poena persons and compel their attend
ance as witnesses to testify as TO the vo-
lation of any OF the provisions OF The
foregoing sections. Any person sc sum
moned and examined shall not he lathe
to prosecution for any violations Of said
sections about which he may testify fully
and without reservation.
Sec, 10. II shall be the duty of thu
secretary of state, on or about the FIRST
day of July of each year to address to
tho president secretary or treasurer or
director OF each Incorporated company
doing business in this state. Il letter Of
inquiry as TO whether the said cospoIA-
tion has all or any part of It's business
or interest in or with any trust. com
bination or association OF persons or
stockholders, as named In the preceding
provisions of this act, and TO require al
answer, under oath, OF the president sec
rotary or treasurer, or any director OF
said company form of affidavit snail
be nelosed in said letter of inquiry, as
follows:
AFFIDAVIT
State of Texas, County of -.
J. -------, do solemly swear
that | am the (president. sec
rotary, treasurer or directory of the cor
poration known and styled -----------------,
duly Incorporated under the laws of -------
on the ----- day of ------. Is, and now
transacting or conducting business in tho
State of Texas. and that ] am duly au-
thorized to represent said corporation in
making this affidavit: and | do further
solemnly swear that the said ----~------
known and styled as aforesaid, has not,
since the ---- day Of ---- manning the
day upon which this act takes effect)
created, entered into or become "A NOM
Der or party 10, and was not on the
~--- day of ------ nor al any day since,
that date, and Is not now a member Of.
or q party to any pool. trust, agreement,
combination, confederation or understand
ing, with ANY ether corporation, partner
ship. individual, or any other person or
association of persons, to regulate or fN
the price OF any article of manufacture,
mechanism, merchandise. commodity, con-
Venience repair. any products of mining,
or any article or thing whatsoever or
the price or premium 10 bc paid for in
surfing property against loss or damage by
fire. lightning, storm, cyclone. tornado,
or any other kind of policy issued By the
parties aforesaid and thai 1T has not
entered into or become member o. or
| party to- any pool, trust, agreement, con-
tract, combination or confederation 10
| fix or limit the amount OF supply or
quantity of any such article of manusdc-
/ ture. mechanism, merchandise, commodity.
l11., L. l... -
mining, or any article or thing whatsoever
/ or the price or premium to be paid for
/ insuring property against loss or damage
! by fire, lightning, storm, cyclone, lorna
| do, or any other kind OF policy issued by
! the parties aforesaid; and that 1t has not
| issued, and does not own any trust GER
/ tificates. and for any corporation, pGent
officer or employe, or for the directors Of
stockholders of any corporation. has not
entered into, and is not now with any
combination. contract or agreement VIII
any person or persons, corporation Of cor.
porations. or with any stockholders ur di.
rectors thereof, the purpose and effect o.
which said combination, contract or agree
ment would be to place the management OF
control OF such combination or combina-
tions, or the manufactured product thereof,
in the hands OF any trustee or trustees
with the intent to limit or fix the rrice
or lessen the production and sale Of an.
article of commerce. use or conservation
or to prevent, restrict, or dimnisn tbs
manufacture or output of any such ai;i
Gle ---
president, Secretary, Treasurer. CT Di-
rector)
Subscribed and sworn to before me.
-- within and for the county Of -----
this -- day of ----, 49,.
(Seal) ------.
And on refusal to make oath. in answc
to said inquiry or on failure TO do 81
within thirty days from the mailing tNrre
of, the secretary of the state shall certif
10 the prosecuting attorney Of the distric
or county wherein said corporation rs 10
Gated, and it shall be the duty of gucl
prosecuting attorney, at his earliest p-sc
tcal moment, in the name of the State
and at the relation of said prosecuting IA
torney, to proceed against such corpora
ton, If a domestic corporation, for ~
recovery OF the money forfeit provided 70
in this act and also 'or the forfeiture o
it's charter or certificate Of Incorporation
II foreign corporation, TO proceed agains
such corporation for the recovery OF In
money forfeit provided for In this act. an
to forfeit its right to do business in thl
State: and provided, that whatever money