The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-03-14
THE ANTITRUST LAW.

The General Assembly or North Caro-
lima do enact:
Section 1. Any corporation organized
under the laws of this or any other State
or country for transacting or conducting
any kind of business in this State OF
any partnership or individual or other
association of persons whatsoever who
shall create, enter into, become mem.
Der of or Il party to any pool. trust
agreement, combination, confederatiou
or understanding with any other corpora
ton, partnership. individual or other per.
sons to regulate or fix the price of any
article of merchandise or commodity, OIL
shall enter into, become n member of OF
Il party to any pool, agreement, contract
combination or confederation to fix OF
limit the amount or quantity of any ar.
ticle, commodity or merchandise to be
manufactured, mined. produced or sold
in this State shall be deemed and adj
judged guilty of a conspiracy to defraud
and be subject to penalties as provided
in this act.
Sec. ,. 1t shall not be lawful for any
corporation to issue or TO own trust GER
tihcates or for any corporation, agent
officer or employee or the directors OF
stockholders of any corporation to enter
into any combination. contract or agree
ment with any person or persons, corpor-
alton or corporations or with any stock
holder or director thereof. the purpose
and effect of which combination, con
tract or agreement shall be to place the
management or contract of such a com
bination or the manufactured product
fhnrpnf rho hanlS of trI1s or
trustees with the intent to limit or fix
the price or lessen the production and
sale of any article of commerce, use or
consumption or to prevent, restrict or
diminish the manufacture or output of
any such article, provided that nothing
herein contained shall effect the present
investments of charitable or educational
institutions.
Sec. ). Any corporation or company,
individual, firm or association violating
any of the provisions of this act shall
forfeit 500 for each day it shall CON
tinue to do so, to be recovered by an ac-
ton in the name of the State at the
relation of the Solicitor; moneys thus
recovered to go into the revenue of the
county in which the cause accrues.
Sec. 4. Any contract or agreement in
violation of any provision of the preced-
ing sections of this act shall be abso-
lutely void.
Sec. >. Any corporation created or or
ganiZed by or under the laws of this
State, which shall violate any provision
of the preceding sections of this act shall
thereby forfeit its corporate rights and
franchises, and its corporate existence
shall upon proper proof thereof being
made in any court of competent jurisdic-
ton in this State be by the court de-
clared forfeited, void and of non-effect.
and it shall be the duty of the clerk of
said court TO certify the decree thereof
to the Secretary of State, who shall take
notice and be governed thereby as to
the corporate papers of said corporation.
Sec. 6. This act shall not apply to
agricultural products while in the hands
Of the producer. nor to the lumber inter
ests of the State; neither shall it prevent
cotton or wooden mills from regulating
the amount of their output or selling the
same through an agent.
Sec. T. In any Indictment or informa-
ton for any offense named in this act
it shall be sufficient to state the pur-
pose and effects of the trust or combina-
ton, and that the accused was a mem
Der of, acted with, or in pursuance of it.
without giving its name or description
or how or where it was created.
Sec. s. In proceedings under this act
it shall be sufficient to prove that a
trust or combination. as herein deter
mined, exists, and that the defendant
belonged TO it or acted for or had connec
ton with it, without proving all members
belonging to it or producing or proving
any articles of agreement or any written
instrument on which it may have been
based or that it was evidenced by any
written instrument at ALL and Il prepon
derance of evidence shall be sufficient
to authorize verdict and judgment for
the State.
Sec. 9. In all suits instituted under
this act to forfeit charters or corpora
tons where a judgment Of forfeiture is
obtained and the cause is not appealed
to the Supreme Court. the Superior
Court shall allow the Solicitor or prose
cutting attorney prosecuting the suit a
fee of not less than 500 nor more than
$500, to be paid out of the assets of said
corporation. provided that in case such
cause is appealed TO the Supreme Court
and the judgment of forfeiture affirmed
the Attorney General shall be entitled
to one-half of the fee so allowed by the
Superior Court for his services in prose
cutting said case in the appellate court.
Sec. 10. That this act shall not apply to
any wholesale or retail merchant or job
Der doing business in this State who is
not party TO or interested in a trust.
nor the agent of "A trust. nor shall il
apply to any fishing, trucking or can
ming industry in this State; nor to any
persons, firms or corporations engaged
therein. But no person or firm shall be
deemed to be the agent of a trust be-
cause of the sale of trust manufactured
goods or products when the said person
or firm buys said goods or products and
sells the same as his or its own prop
erty.
Sec. II. That all laws in conflict with
the provisions Of this act are hereby re-
pealed.
Sec H. That this act shall be in force
from and after its ratification.
The county boards of school directors,