El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-17
VOL. XIX, NO. SO.

repair. any product of mining. any ar
| ticle or thing VIII atsOeve or the price
Or premium to be paid for iusuring
property against loss or damage by
fire, lightning or storm, cyclone, tor
nado or any other kind OF policy issued
by any corporation, partnership. in
divldual or association of persons afore-
said. shall be deemed and adjuged
guilty of q conspiracy to defraud and
be subject to the penalties as prescrib-
ed by this act.
Sec. 2. Any person, partnership,
firm or association, or any representa-
tive or agent thereof, or any corpora
tion or company. or any officer, repre-
sentative or agent thereof violating
any of the provisions of this act shall
forfeit not less than 5000 nor more than
$500 for each offense, and each day
such person, corporation, partnership
or association shall continue to do 80
shall be q separate offense, the penalty
in such case to be recovered by an &C
tion in the name OF the state the rela-
tion of the attorney general or the dis
trict or county attorney, the moneys
thus collected to go into the treasury
and become a part of the general fund
except as hereinafter provided.
Sec. 3. Any corporation created or
organized by or under the laws OF this
state which shall violate any of the
provisions of the preceding sections of
this act shall thereby forfeit the cor
pOrate rights and franchises; and It's
corporate existence shall, upon sproper
proof being made in any court of COM
petent jurisdiction in the state, be by
the court declared forfeited, void and
of no effect and shall thereupon cease
and determine; and any corporation
created or organized by or uuder the
laws of any other state or county,
which shall violate any OF the provi-
sions of the preceding sections of this
act, shall thereby forfeit its rights and
privileges thereafter to do business
in this state and upon proper proof be-
ing made there of in any court
of competent jurisdiction in
this state its rights and
privileges to do business IN this state
shall be declared to be forfeited and in
all proceedings to have such forfeiture
declared proof that anyperson who i as
been acting as the agent OF such for
eign corporation in transactlng its
business in this state has been, while
| acting as such agent, and in TIE name,
behalf or interest of such foreign cor
poration, violating any provision of the
preceding sections of this act, shall be
recei ved as prima fecie proof of the act
of the corporation itself; and il shall
be the duty of the clerk of said court
cretary of state and If it be an insur-
ance company, to the commissioners or
insurance, statistics and history of the
state, who shall take notice and be gov
erned thereby as to the corporate pow
ers and rights of said corporation.
"Sec. 4. It shall be the duty of the
secretary of state on or about the 1st
day of July of each year to address to
| the president, secretary or treasurer of
innnrnnrafa6
| ness in this state letter of inquiry as
to whether the said corporation has all
or any part of its business or interest
in or with any trust, com animation or
association of persons or stockhold ers
as named in the preceding provisions
of this act, and to require "a answer,
under oath of the president. secretary
or treasurer, or any director OF said
company.
GA form of affidavit shall be inclosed
in said letter of inquiry as follows:
Affidavit-State of Texas, county of
- 1, -, do solemnly swear that I
am the -.(president, secretary, treas
urer or directory, of the corporation
known and styled -, duly incorpor
ated under the laws of - on the -
day of -. 1S-, aud now trsnsacting
or conducting business in the state of
Texas and that am duly authorized
to represent said corporation in max
ing this affidavit, ana l do fursher
| solemnly swear that the said -,
known and styled as aforesaid has not
since the day of - (nsmiug the
| day upon which this act takes effect),
created, entered into or become a mem
ber of, or a party to, was not and is not
now a member, or a party TO any pool,
| trust, agreement, com binatiOn,
confederation or understanding with
any other corporation, partn ership, in
dividual or any other person or asso-
citation of persons, to regulate or fix
| the price of any article of manufac-
| ture, mechanism, merchandise, com :
| modify, convenience, repair, any pro.
duct of mining or any article or thing
| whatsoever, or the price or premium
| to be paid for insuriug property against
| storm, cyclone, tornado or any other
kind of policy issued by the parties
aforesaid; aud that it has not entered
into or become a member OF or a party
to any pool, trust, agreement, contract,
com bination or confe6 Grafton to
fix or limit the amount of
supply or quantity OF any article of
manufacture, mechanism, merchand-
ise, commodity, convenience, repair or
any product of mining, or any article
or thing whatsoever, or the price or
premium to be paid for insuring pro-
perty against loss or damage by fire,
lightning, storm. cyclone. tornado or
any other kind of policy issued by the
parties aforesaid, and that it has not
issued and does not own any trust GER
tlficases and for any corporation, a .;ent,
officer or employe or for the directors
or stockholders of any corporation,
has not entered into and is not now
with any combination, contract or
agreement with any person or persons,
corporation or corporations or with
any stockholders or directors thereof,
the purpose and effect Of